327 lines
17 KiB
Plaintext
327 lines
17 KiB
Plaintext
FreeImage Public License - Version 1.0
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1. Definitions.
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1.1. "Contributor" means each entity that creates or contributes to the creation
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of Modifications.
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1.2. "Contributor Version" means the combination of the Original Code, prior
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Modifications used by a Contributor, and the Modifications made by that particular
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Contributor.
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1.3. "Covered Code" means the Original Code or Modifications or the combination
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of the Original Code and Modifications, in each case including portions thereof.
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1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
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in the software development community for the electronic transfer of data.
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1.5. "Executable" means Covered Code in any form other than Source Code.
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1.6. "Initial Developer" means the individual or entity identified as the
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Initial Developer in the Source Code notice required by Exhibit A.
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1.7. "Larger Work" means a work which combines Covered Code or portions thereof
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with code not governed by the terms of this License.
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1.8. "License" means this document.
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1.9. "Modifications" means any addition to or deletion from the substance
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or structure of either the Original Code or any previous Modifications. When
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Covered Code is released as a series of files, a
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Modification is:
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A. Any addition to or deletion from the contents of a file containing Original
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Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or previous Modifications.
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1.10. "Original Code" means Source Code of computer software code which is
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described in the Source Code notice required by Exhibit A as Original Code,
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and which, at the time of its release under this License is not already Covered
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Code governed by this License.
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1.11. "Source Code" means the preferred form of the Covered Code for making
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modifications to it, including all modules it contains, plus any associated
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interface definition files, scripts used to control compilation and installation
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of an Executable, or a list of source code differential comparisons against
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either the Original Code or another well known, available Covered Code of
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the Contributor's choice. The Source Code can be in a compressed or archival
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form, provided the appropriate decompression or de-archiving software is widely
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available for no charge.
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1.12. "You" means an individual or a legal entity exercising rights under,
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and complying with all of the terms of, this License or a future version of
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this License issued under Section 6.1. For legal entities, "You" includes
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any entity which controls, is controlled by, or is under common control with
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You. For purposes of this definition, "control" means (a) the power, direct
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or indirect, to cause the direction or management of such entity, whether
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by contract or otherwise, or (b) ownership of fifty percent (50%) or more
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of the outstanding shares or beneficial ownership of such entity.
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2. Source Code License.
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2.1. The Initial Developer Grant.
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The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive
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license, subject to third party intellectual property claims:
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(a) to use, reproduce, modify, display, perform, sublicense and distribute
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the Original Code (or portions thereof) with or without Modifications, or
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as part of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by Initial Developer,
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to make, have made, use and sell ("Utilize") the Original Code (or portions
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thereof), but solely to the extent that any such patent is reasonably necessary
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to enable You to Utilize the Original Code (or portions thereof) and not to
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any greater extent that may be necessary to Utilize further Modifications
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or combinations.
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2.2. Contributor Grant.
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Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
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license, subject to third party intellectual property claims:
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(a) to use, reproduce, modify, display, perform, sublicense and distribute
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the Modifications created by such Contributor (or portions thereof) either
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on an unmodified basis, with other Modifications, as Covered Code or as part
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of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by Contributor, to
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Utilize the Contributor Version (or portions thereof), but solely to the extent
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that any such patent is reasonably necessary to enable You to Utilize the
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Contributor Version (or portions thereof), and not to any greater extent that
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may be necessary to Utilize further Modifications or combinations.
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3. Distribution Obligations.
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3.1. Application of License.
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The Modifications which You create or to which You contribute are governed
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by the terms of this License, including without limitation Section 2.2. The
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Source Code version of Covered Code may be distributed only under the terms
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of this License or a future version of this License released under Section
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6.1, and You must include a copy of this License with every copy of the Source
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Code You distribute. You may not offer or impose any terms on any Source Code
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version that alters or restricts the applicable version of this License or
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the recipients' rights hereunder. However, You may include an additional document
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offering the additional rights described in Section 3.5.
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3.2. Availability of Source Code.
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Any Modification which You create or to which You contribute must be made
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available in Source Code form under the terms of this License either on the
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same media as an Executable version or via an accepted Electronic Distribution
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Mechanism to anyone to whom you made an Executable version available; and
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if made available via Electronic Distribution Mechanism, must remain available
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for at least twelve (12) months after the date it initially became available,
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or at least six (6) months after a subsequent version of that particular Modification
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has been made available to such recipients. You are responsible for ensuring
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that the Source Code version remains available even if the Electronic Distribution
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Mechanism is maintained by a third party.
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3.3. Description of Modifications.
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You must cause all Covered Code to which you contribute to contain a file
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documenting the changes You made to create that Covered Code and the date
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of any change. You must include a prominent statement that the Modification
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is derived, directly or indirectly, from Original Code provided by the Initial
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Developer and including the name of the Initial Developer in (a) the Source
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Code, and (b) in any notice in an Executable version or related documentation
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in which You describe the origin or ownership of the Covered Code.
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3.4. Intellectual Property Matters
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(a) Third Party Claims.
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If You have knowledge that a party claims an intellectual property right in
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particular functionality or code (or its utilization under this License),
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you must include a text file with the source code distribution titled "LEGAL"
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which describes the claim and the party making the claim in sufficient detail
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that a recipient will know whom to contact. If you obtain such knowledge after
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You make Your Modification available as described in Section 3.2, You shall
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promptly modify the LEGAL file in all copies You make available thereafter
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and shall take other steps (such as notifying appropriate mailing lists or
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newsgroups) reasonably calculated to inform those who received the Covered
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Code that new knowledge has been obtained.
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(b) Contributor APIs.
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If Your Modification is an application programming interface and You own or
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control patents which are reasonably necessary to implement that API, you
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must also include this information in the LEGAL file.
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3.5. Required Notices.
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You must duplicate the notice in Exhibit A in each file of the Source Code,
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and this License in any documentation for the Source Code, where You describe
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recipients' rights relating to Covered Code. If You created one or more Modification(s),
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You may add your name as a Contributor to the notice described in Exhibit
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A. If it is not possible to put such notice in a particular Source Code file
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due to its structure, then you must include such notice in a location (such
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as a relevant directory file) where a user would be likely to look for such
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a notice. You may choose to offer, and to charge a fee for, warranty, support,
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indemnity or liability obligations to one or more recipients of Covered Code.
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However, You may do so only on Your own behalf, and not on behalf of the Initial
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Developer or any Contributor. You must make it absolutely clear than any such
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warranty, support, indemnity or liability obligation is offered by You alone,
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and You hereby agree to indemnify the Initial Developer and every Contributor
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for any liability incurred by the Initial Developer or such Contributor as
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a result of warranty, support, indemnity or liability terms You offer.
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3.6. Distribution of Executable Versions.
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You may distribute Covered Code in Executable form only if the requirements
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of Section 3.1-3.5 have been met for that Covered Code, and if You include
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a notice stating that the Source Code version of the Covered Code is available
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under the terms of this License, including a description of how and where
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You have fulfilled the obligations of Section 3.2. The notice must be conspicuously
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included in any notice in an Executable version, related documentation or
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collateral in which You descr ibe recipients' rights relating to the Covered
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Code. You may distribute the Executable version of Covered Code under a license
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of Your choice, which may contain terms different from this License, provided
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that You are in compliance with the terms of this License and that the license
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for the Executable version does not attempt to limit or alter the recipient's
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rights in the Source Code version from the rights set forth in this License.
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If You distribute the Executable version under a different license You must
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make it absolutely clear that any terms which differ from this License are
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offered by You alone, not by the Initial Developer or any Contributor. You
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hereby agree to indemnify the Initial Developer and every Contributor for
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any liability incurred by the Initial Developer or such Contributor as a result
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of any such terms You offer.
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3.7. Larger Works.
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You may create a Larger Work by combining Covered Code with other code not
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governed by the terms of this License and distribute the Larger Work as a
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single product. In such a case, You must make sure the requirements of this
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License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Code due to statute or regulation
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then You must: (a) comply with the terms of this License to the maximum extent
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possible; and (b) describe the limitations and the code they affect. Such
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description must be included in the LEGAL file described in Section 3.4 and
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must be included with all distributions of the Source Code. Except to the
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extent prohibited by statute or regulation, such description must be sufficiently
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detailed for a recipient of ordinary skill to be able to understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has attached the
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notice in Exhibit A, and to related Covered Code.
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6. Versions of the License.
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6.1. New Versions.
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Floris van den Berg may publish revised and/or new versions of the License
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from time to time. Each version will be given a distinguishing version number.
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6.2. Effect of New Versions.
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Once Covered Code has been published under a particular version of the License,
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You may always continue to use it under the terms of that version. You may
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also choose to use such Covered Code under the terms of any subsequent version
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of the License published by Floris van den Berg
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No one other than Floris van den Berg has the right to modify the terms applicable
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to Covered Code created under this License.
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6.3. Derivative Works.
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If you create or use a modified version of this License (which you may only
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do in order to apply it to code which is not already Covered Code governed
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by this License), you must (a) rename Your license so that the phrases "FreeImage",
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`FreeImage Public License", "FIPL", or any confusingly similar phrase do not
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appear anywhere in your license and (b) otherwise make it clear that your
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version of the license contains terms which differ from the FreeImage Public
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License. (Filling in the name of the Initial Developer, Original Code or Contributor
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in the notice described in Exhibit A shall not of themselves be deemed to
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be modifications of this License.)
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
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OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
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THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
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PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
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OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
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ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
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THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
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OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
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CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within
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30 days of becoming aware of the breach. All sublicenses to the Covered Code
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which are properly granted shall survive any termination of this License.
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Provisions which, by their nature, must remain in effect beyond the termination
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of this License shall survive.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
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CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
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SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
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OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
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HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
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FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
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OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO
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YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
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2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
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computer software documentation," as such terms are used in 48 C.F.R. 12.212
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(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
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227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
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with only those rights set forth herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter hereof.
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If any provision of this License is held to be unenforceable, such provision
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shall be reformed only to the extent necessary to make it enforceable. This
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License shall be governed by Dutch law provisions (except to the extent applicable
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law, if any, provides otherwise), excluding its conflict-of-law provisions.
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With respect to disputes in which at least one party is a citizen of, or an
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entity chartered or registered to do business in, the The Netherlands: (a)
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unless otherwise agreed in writing, all disputes relating to this License
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(excepting any dispute relating to intellectual property rights) shall be
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subject to final and binding arbitration, with the losing party paying all
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costs of arbitration; (b) any arbitration relating to this Agreement shall
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be held in Almelo, The Netherlands; and (c) any litigation relating to this
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Agreement shall be subject to the jurisdiction of the court of Almelo, The
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Netherlands with the losing party responsible for costs, including without
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limitation, court costs and reasonable attorneys fees and expenses. Any law
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or regulation which provides that the language of a contract shall be construed
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against the drafter shall not apply to this License.
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12. RESPONSIBILITY FOR CLAIMS.
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Except in cases where another Contributor has failed to comply with Section
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3.4, You are responsible for damages arising, directly or indirectly, out
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of Your utilization of rights under this License, based on the number of copies
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of Covered Code you made available, the revenues you received from utilizing
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such rights, and other relevant factors. You agree to work with affected parties
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to distribute responsibility on an equitable basis. EXHIBIT A.
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"The contents of this file are subject to the FreeImage Public License Version
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1.0 (the "License"); you may not use this file except in compliance with the
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License. You may obtain a copy of the License at http://home.wxs.nl/~flvdberg/freeimage-license.txt
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Software distributed under the License is distributed on an "AS IS" basis,
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WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
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the specific language governing rights and limitations under the License.
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