Netizen Open Source License (NOSL)

The Netizen Open Source License (NOSL) is a license based on the Mozilla Public License (MPL).

			 NETIZEN OPEN SOURCE LICENSE
                                 Version 1.0

                               ---------------

1. Definitions.

      1.0.1. "Commercial Use" means distribution or otherwise making the
      Covered Code available to a third party.

      1.1. "Contributor" means each entity that creates or contributes to
      the creation of Modifications.

      1.2. "Contributor Version" means the combination of the Original
      Code, prior Modifications used by a Contributor, and the Modifications
      made by that particular Contributor.

      1.3. "Covered Code" means the Original Code or Modifications or the
      combination of the Original Code and Modifications, in each case
      including portions thereof.

      1.4. "Electronic Distribution Mechanism" means a mechanism generally
      accepted in the software development community for the electronic
      transfer of data.

      1.5. "Executable" means Covered Code in any form other than Source
      Code.

      1.6. "Initial Developer" means the individual or entity identified
      as the Initial Developer in the Source Code notice required by Exhibit
      A.

      1.7. "Larger Work" means a work which combines Covered Code or
      portions thereof with code not governed by the terms of this License.

      1.8. "License" means this document.

      1.8.1. "Licensable" means having the right to grant, to the maximum
      extent possible, whether at the time of the initial grant or
      subsequently acquired, any and all of the rights conveyed herein.

      1.9. "Modifications" means any addition to or deletion from the
      substance or structure of either the Original Code or any previous
      Modifications. When Covered Code is released as a series of files, a
      Modification is:
           A. Any addition to or deletion from the contents of a file
           containing Original Code or previous Modifications.

           B. Any new file that contains any part of the Original Code or
           previous Modifications.

      1.10. "Original Code" means Source Code of computer software code
      which is described in the Source Code notice required by Exhibit A as
      Original Code, and which, at the time of its release under this
      License is not already Covered Code governed by this License.

      1.10.1. "Patent Claims" means any patent claim(s), now owned or
      hereafter acquired, including without limitation,  method, process,
      and apparatus claims, in any patent Licensable by grantor.

      1.11. "Source Code" means the preferred form of the Covered Code for
      making modifications to it, including all modules it contains, plus
      any associated interface definition files, scripts used to control
      compilation and installation of an Executable, or source code
      differential comparisons against either the Original Code or another
      well known, available Covered Code of the Contributor's choice. The
      Source Code can be in a compressed or archival form, provided the
      appropriate decompression or de-archiving software is widely available
      for no charge.

      1.12. "You" (or "Your")  means an individual or a legal entity
      exercising rights under, and complying with all of the terms of, this
      License or a future version of this License issued under Section 6.1.
      For legal entities, "You" includes any entity which controls, is
      controlled by, or is under common control with You. For purposes of
      this definition, "control" means (a) the power, direct or indirect,
      to cause the direction or management of such entity, whether by
      contract or otherwise, or (b) ownership of more than fifty percent
      (50%) of the outstanding shares or beneficial ownership of such
      entity.

2. Source Code License.

      2.1. The Initial Developer Grant.
      The Initial Developer hereby grants You a world-wide, royalty-free,
      non-exclusive license, subject to third party intellectual property
      claims:
           (a)  under intellectual property rights (other than patent or
           trademark) Licensable by Initial Developer to use, reproduce,
           modify, display, perform, sublicense and distribute the Original
           Code (or portions thereof) with or without Modifications, and/or
           as part of a Larger Work; and

           (b) under Patents Claims infringed by the making, using or
           selling of Original Code, to make, have made, use, practice,
           sell, and offer for sale, and/or otherwise dispose of the
           Original Code (or portions thereof).

           (c) the licenses granted in this Section 2.1(a) and (b) are
           effective on the date Initial Developer first distributes
           Original Code under the terms of this License.

           (d) Notwithstanding Section 2.1(b) above, no patent license is
           granted: 1) for code that You delete from the Original Code; 2)
           separate from the Original Code;  or 3) for infringements caused
           by: i) the modification of the Original Code or ii) the
           combination of the Original Code with other software or devices.

      2.2. Contributor Grant.
      Subject to third party intellectual property claims, each Contributor
      hereby grants You a world-wide, royalty-free, non-exclusive license

           (a)  under intellectual property rights (other than patent or
           trademark) Licensable by Contributor, to use, reproduce, modify,
           display, perform, sublicense and distribute the Modifications
           created by such Contributor (or portions thereof) either on an
           unmodified basis, with other Modifications, as Covered Code
           and/or as part of a Larger Work; and

           (b) under Patent Claims infringed by the making, using, or
           selling of  Modifications made by that Contributor either alone
           and/or in combination with its Contributor Version (or portions
           of such combination), to make, use, sell, offer for sale, have
           made, and/or otherwise dispose of: 1) Modifications made by that
           Contributor (or portions thereof); and 2) the combination of
           Modifications made by that Contributor with its Contributor
           Version (or portions of such combination).

           (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
           effective on the date Contributor first makes Commercial Use of
           the Covered Code.

           (d)    Notwithstanding Section 2.2(b) above, no patent license is
           granted: 1) for any code that Contributor has deleted from the
           Contributor Version; 2)  separate from the Contributor Version;
           3)  for infringements caused by: i) third party modifications of
           Contributor Version or ii)  the combination of Modifications made
           by that Contributor with other software  (except as part of the
           Contributor Version) or other devices; or 4) under Patent Claims
           infringed by Covered Code in the absence of Modifications made by
           that Contributor.

3. Distribution Obligations.

      3.1. Application of License.
      The Modifications which You create or to which You contribute are
      governed by the terms of this License, including without limitation
      Section 2.2. The Source Code version of Covered Code may be
      distributed only under the terms of this License or a future version
      of this License released under Section 6.1, and You must include a
      copy of this License with every copy of the Source Code You
      distribute. You may not offer or impose any terms on any Source Code
      version that alters or restricts the applicable version of this
      License or the recipients' rights hereunder. However, You may include
      an additional document offering the additional rights described in
      Section 3.5.

      3.2. Availability of Source Code.
      Any Modification which You create or to which You contribute must be
      made available in Source Code form under the terms of this License
      either on the same media as an Executable version or via an accepted
      Electronic Distribution Mechanism to anyone to whom you made an
      Executable version available; and if made available via Electronic
      Distribution Mechanism, must remain available for at least twelve (12)
      months after the date it initially became available, or at least six
      (6) months after a subsequent version of that particular Modification
      has been made available to such recipients. You are responsible for
      ensuring that the Source Code version remains available even if the
      Electronic Distribution Mechanism is maintained by a third party.

      3.3. Description of Modifications.
      You must cause all Covered Code to which You contribute to contain a
      file documenting the changes You made to create that Covered Code and
      the date of any change. You must include a prominent statement that
      the Modification is derived, directly or indirectly, from Original
      Code provided by the Initial Developer and including the name of the
      Initial Developer in (a) the Source Code, and (b) in any notice in an
      Executable version or related documentation in which You describe the
      origin or ownership of the Covered Code.

      3.4. Intellectual Property Matters
           (a) Third Party Claims.
           If Contributor has knowledge that a license under a third party's
           intellectual property rights is required to exercise the rights
           granted by such Contributor under Sections 2.1 or 2.2,
           Contributor must include a text file with the Source Code
           distribution titled "LEGAL" which describes the claim and the
           party making the claim in sufficient detail that a recipient will
           know whom to contact. If Contributor obtains such knowledge after
           the Modification is made available as described in Section 3.2,
           Contributor shall promptly modify the LEGAL file in all copies
           Contributor makes available thereafter and shall take other steps
           (such as notifying appropriate mailing lists or newsgroups)
           reasonably calculated to inform those who received the Covered
           Code that new knowledge has been obtained.

           (b) Contributor APIs.
           If Contributor's Modifications include an application programming
           interface and Contributor has knowledge of patent licenses which
           are reasonably necessary to implement that API, Contributor must
           also include this information in the LEGAL file.

                (c)    Representations.
           Contributor represents that, except as disclosed pursuant to
           Section 3.4(a) above, Contributor believes that Contributor's
           Modifications are Contributor's original creation(s) and/or
           Contributor has sufficient rights to grant the rights conveyed by
           this License.

      3.5. Required Notices.
      You must duplicate the notice in Exhibit A in each file of the Source
      Code.  If it is not possible to put such notice in a particular Source
      Code file due to its structure, then You must include such notice in a
      location (such as a relevant directory) where a user would be likely
      to look for such a notice.  If You created one or more Modification(s)
      You may add your name as a Contributor to the notice described in
      Exhibit A.  You must also duplicate this License in any documentation
      for the Source Code where You describe recipients' rights or ownership
      rights relating to Covered Code.  You may choose to offer, and to
      charge a fee for, warranty, support, indemnity or liability
      obligations to one or more recipients of Covered Code. However, You
      may do so only on Your own behalf, and not on behalf of the Initial
      Developer or any Contributor. You must make it absolutely clear than
      any such warranty, support, indemnity or liability obligation is
      offered by You alone, and You hereby agree to indemnify the Initial
      Developer and every Contributor for any liability incurred by the
      Initial Developer or such Contributor as a result of warranty,
      support, indemnity or liability terms You offer.

      3.6. Distribution of Executable Versions.
      You may distribute Covered Code in Executable form only if the
      requirements of Section 3.1-3.5 have been met for that Covered Code,
      and if You include a notice stating that the Source Code version of
      the Covered Code is available under the terms of this License,
      including a description of how and where You have fulfilled the
      obligations of Section 3.2. The notice must be conspicuously included
      in any notice in an Executable version, related documentation or
      collateral in which You describe recipients' rights relating to the
      Covered Code. You may distribute the Executable version of Covered
      Code or ownership rights under a license of Your choice, which may
      contain terms different from this License, provided that You are in
      compliance with the terms of this License and that the license for the
      Executable version does not attempt to limit or alter the recipient's
      rights in the Source Code version from the rights set forth in this
      License. If You distribute the Executable version under a different
      license You must make it absolutely clear that any terms which differ
      from this License are offered by You alone, not by the Initial
      Developer or any Contributor. You hereby agree to indemnify the
      Initial Developer and every Contributor for any liability incurred by
      the Initial Developer or such Contributor as a result of any such
      terms You offer.

      3.7. Larger Works.
      You may create a Larger Work by combining Covered Code with other code
      not governed by the terms of this License and distribute the Larger
      Work as a single product. In such a case, You must make sure the
      requirements of this License are fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation.

      If it is impossible for You to comply with any of the terms of this
      License with respect to some or all of the Covered Code due to
      statute, judicial order, or regulation then You must: (a) comply with
      the terms of this License to the maximum extent possible; and (b)
      describe the limitations and the code they affect. Such description
      must be included in the LEGAL file described in Section 3.4 and must
      be included with all distributions of the Source Code. Except to the
      extent prohibited by statute or regulation, such description must be
      sufficiently detailed for a recipient of ordinary skill to be able to
      understand it.

5. Application of this License.

      This License applies to code to which the Initial Developer has
      attached the notice in Exhibit A and to related Covered Code.

6. Versions of the License.

      6.1. New Versions.
      Netizen Pty Ltd ("Netizen ") may publish revised and/or new versions 
      of the License from time to time. Each version will be given a 
      distinguishing version number.

      6.2. Effect of New Versions.
      Once Covered Code has been published under a particular version of the
      License, You may always continue to use it under the terms of that
      version. You may also choose to use such Covered Code under the terms
      of any subsequent version of the License published by Netizen. No one
      other than Netizen has the right to modify the terms applicable to
      Covered Code created under this License.

      6.3. Derivative Works.
      If You create or use a modified version of this License (which you may
      only do in order to apply it to code which is not already Covered Code
      governed by this License), You must (a) rename Your license so that
      the phrases "Netizen", "NOSL" or any confusingly similar phrase do not 
      appear in your license (except to note that your license differs from 
      this License) and (b) otherwise make it clear that Your version of the 
      license contains terms which differ from the Netizen Open Source 
      License and Xen Open Source License. (Filling in the name of the 
      Initial Developer, Original Code or Contributor in the notice described 
      in Exhibit A shall not of themselves be deemed to be modifications of
      this License.)

7. DISCLAIMER OF WARRANTY.

      COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
      WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
      WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
      DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
      THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
      IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
      YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
      COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
      OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
      ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

      7.1 To the extent permitted by law and except as expressly provided 
      to the contrary in this Agreement, all warranties whether express, 
      implied, statutory or otherwise, relating in any way to the subject
      matter of this Agreement or to this Agreement generally, are excluded.  
      Where legislation implies in this Agreement any condition or warranty 
      and that legislation avoids or prohibits provisions in a contract 
      excluding or modifying the application of or the exercise of or 
      liability under such term, such term shall be deemed to be included 
      in this Agreement.  However, the liability of Supplier for any breach 
      of such term shall be limited, at the option of Supplier, to any one 
      or more of the following: if the breach related to goods: the 
      replacement of the goods or the supply of equivalent goods; the repair 
      of such goods; the payment of the cost of replacing the goods or of 
      acquiring equivalent goods; or the payment of the cost of having the 
      goods repaired; and if the breach relates to services the supplying 
      of the services again; or the payment of the cost of having the 
      services supplied again.

8. TERMINATION.

      8.1.  This License and the rights granted hereunder will terminate
      automatically if You fail to comply with terms herein and fail to cure
      such breach within 30 days of becoming aware of the breach. All
      sublicenses to the Covered Code which are properly granted shall
      survive any termination of this License. Provisions which, by their
      nature, must remain in effect beyond the termination of this License
      shall survive.

      8.2.  If You initiate litigation by asserting a patent infringement
      claim (excluding declatory judgment actions) against Initial Developer
      or a Contributor (the Initial Developer or Contributor against whom
      You file such action is referred to as "Participant")  alleging that:

      (a)  such Participant's Contributor Version directly or indirectly
      infringes any patent, then any and all rights granted by such
      Participant to You under Sections 2.1 and/or 2.2 of this License
      shall, upon 60 days notice from Participant terminate prospectively,
      unless if within 60 days after receipt of notice You either: (i)
      agree in writing to pay Participant a mutually agreeable reasonable
      royalty for Your past and future use of Modifications made by such
      Participant, or (ii) withdraw Your litigation claim with respect to
      the Contributor Version against such Participant.  If within 60 days
      of notice, a reasonable royalty and payment arrangement are not
      mutually agreed upon in writing by the parties or the litigation claim
      is not withdrawn, the rights granted by Participant to You under
      Sections 2.1 and/or 2.2 automatically terminate at the expiration of
      the 60 day notice period specified above.

      (b)  any software, hardware, or device, other than such Participant's
      Contributor Version, directly or indirectly infringes any patent, then
      any rights granted to You by such Participant under Sections 2.1(b)
      and 2.2(b) are revoked effective as of the date You first made, used,
      sold, distributed, or had made, Modifications made by that
      Participant.

      8.3.  If You assert a patent infringement claim against Participant
      alleging that such Participant's Contributor Version directly or
      indirectly infringes any patent where such claim is resolved (such as
      by license or settlement) prior to the initiation of patent
      infringement litigation, then the reasonable value of the licenses
      granted by such Participant under Sections 2.1 or 2.2 shall be taken
      into account in determining the amount or value of any payment or
      license.

      8.4.  In the event of termination under Sections 8.1 or 8.2 above,
      all end user license agreements (excluding distributors and resellers)
      which have been validly granted by You or any distributor hereunder
      prior to termination shall survive termination.

9. LIMITATION OF LIABILITY.

      UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
      (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
      DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
      OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
      ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
      CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
      WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
      COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
      INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
      LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
      RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
      PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
      EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
      THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10. U.S. GOVERNMENT END USERS.

      The Covered Code is a "commercial item," as that term is defined in
      48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
      software" and "commercial computer software documentation," as such
      terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
      C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
      all U.S. Government End Users acquire Covered Code with only those
      rights set forth herein.

11. MISCELLANEOUS.

      This License represents the complete agreement concerning subject
      matter hereof. If any provision of this License is held to be
      unenforceable, such provision shall be reformed only to the extent
      necessary to make it enforceable.

      This Agreement shall be governed by and construed according to the 
      law of the State of Victoria.  The parties irrevocably submit to the 
      exclusive jurisdiction of the Courts of Victoria and Australia and 
      any Courts hearing appeals from such Courts.  This Agreement is 
      deemed to have been made in Victoria.

      The application of the United Nations Convention on
      Contracts for the International Sale of Goods is expressly excluded.
      Any law or regulation which provides that the language of a contract
      shall be construed against the drafter shall not apply to this
      License.

12. RESPONSIBILITY FOR CLAIMS.

      As between Initial Developer and the Contributors, each party is
      responsible for claims and damages arising, directly or indirectly,
      out of its utilization of rights under this License and You agree to
      work with Initial Developer and Contributors to distribute such
      responsibility on an equitable basis. Nothing herein is intended or
      shall be deemed to constitute any admission of liability.

13. MULTIPLE-LICENSED CODE.

      Initial Developer may designate portions of the Covered Code as
      "Multiple-Licensed".  "Multiple-Licensed" means that the Initial
      Developer permits you to utilize portions of the Covered Code under
      Your choice of the NPL or the alternative licenses, if any, specified
      by the Initial Developer in the file described in Exhibit A.

EXHIBIT A - Netizen Open Source License

      ``The contents of this file are subject to the Netizen Open Source
      License Version 1.0 (the "License"); you may not use this file except 
      in compliance with the License. You may obtain a copy of the License at
      http://netizen.com.au/licenses/NOPL/

      Software distributed under the License is distributed on an "AS IS"
      basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
      License for the specific language governing rights and limitations
      under the License.

      The Original Code is ______________________________________.

      The Initial Developer of the Original Code is ________________________.
      Portions created by ______________________ are Copyright (C) ______
      _______________________. All Rights Reserved.

      Contributor(s): ______________________________________.

      Alternatively, the contents of this file may be used under the terms
      of the _____ license (the  "[___] License"), in which case the
      provisions of [______] License are applicable instead of those
      above.  If you wish to allow use of your version of this file only
      under the terms of the [____] License and not to allow others to use
      your version of this file under the NOSL, indicate your decision by
      deleting  the provisions above and replace  them with the notice and
      other provisions required by the [___] License.  If you do not delete
      the provisions above, a recipient may use your version of this file
      under either the NOSL or the [___] License."

      [NOTE: The text of this Exhibit A may differ slightly from the text of
      the notices in the Source Code files of the Original Code. You should
      use the text of this Exhibit A rather than the text found in the
      Original Code Source Code for Your Modifications.]

      ----------------------------------------------------------------------

webmistress@netizen.com.au
© 1999 Netizen Pty Ltd, All Rights Reserved
® Netizen and the N device are trademarks of Netizen Pty Ltd
This page was last updated Thursday, 25-Nov-1999 20:20:09 EST