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{{license |Name=BitTorrent Open Source License, Version 1.1 |URL= http://web.archive.org/web/20100128022444/http://www.bittorrent.com/legal/bittorrent-open-source-license |Comment= |Full text=

BitTorrent Open Source License

Version 1.1

This BitTorrent Open Source License (the "License") applies to the
BitTorrent client and related software products as well as any updates
or maintenance releases of that software ("BitTorrent Products") that
are distributed by BitTorrent, Inc. ("Licensor"). Any BitTorrent
Product licensed pursuant to this License is a Licensed
Product. Licensed Product, in its entirety, is protected by
U.S. copyright law. This License identifies the terms under which you
may use, copy, distribute or modify Licensed Product.

Preamble

This Preamble is intended to describe, in plain English, the nature
and scope of this License. However, this Preamble is not a part of
this license. The legal effect of this License is dependent only upon
the terms of the License and not this Preamble.

This License complies with the Open Source Definition and is derived
from the Jabber Open Source License 1.0 (the "JOSL"), which has been
approved by Open Source Initiative. Sections 4(c) and 4(f)(iii) from
the JOSL have been deleted.

This License provides that:

1. You may use or give away the Licensed Product, alone or as a
component of an aggregate software distribution containing programs
from several different sources. No royalty or other fee is required.

2. Both Source Code and executable versions of the Licensed Product,
including Modifications made by previous Contributors, are available
for your use. (The terms "Licensed Product," "Modifications,"
"Contributors" and "Source Code" are defined in the License.)

3. You are allowed to make Modifications to the Licensed Product, and
you can create Derivative Works from it. (The term "Derivative Works"
is defined in the License.)

4. By accepting the Licensed Product under the provisions of this
License, you agree that any Modifications you make to the Licensed
Product and then distribute are governed by the provisions of this
License. In particular, you must make the Source Code of your
Modifications available to others free of charge and without a
royalty.

5. You may sell, accept donations or otherwise receive compensation
for executable versions of a Licensed Product, without paying a
royalty or other fee to the Licensor or any Contributor, provided that
such executable versions contain your or another Contributor?s
material Modifications. For the avoidance of doubt, to the extent your
executable version of a Licensed Product does not contain your or
another Contributor?s material Modifications, you may not sell, accept
donations or otherwise receive compensation for such executable.

You may use the Licensed Product for any purpose, but the Licensor is
not providing you any warranty whatsoever, nor is the Licensor
accepting any liability in the event that the Licensed Product doesn't
work properly or causes you any injury or damages.

6. If you sublicense the Licensed Product or Derivative Works, you may
charge fees for warranty or support, or for accepting indemnity or
liability obligations to your customers. You cannot charge for, sell,
accept donations or otherwise receive compensation for the Source
Code.

7. If you assert any patent claims against the Licensor relating to
the Licensed Product, or if you breach any terms of the License, your
rights to the Licensed Product under this License automatically
terminate.

You may use this License to distribute your own Derivative Works, in
which case the provisions of this License will apply to your
Derivative Works just as they do to the original Licensed Product.

Alternatively, you may distribute your Derivative Works under any
other OSI-approved Open Source license, or under a proprietary license
of your choice. If you use any license other than this License,
however, you must continue to fulfill the requirements of this License
(including the provisions relating to publishing the Source Code) for
those portions of your Derivative Works that consist of the Licensed
Product, including the files containing Modifications.

New versions of this License may be published from time to time in
connection with new versions of a Licensed Product or otherwise. You
may choose to continue to use the license terms in this version of the
License for the Licensed Product that was originally licensed
hereunder, however, the new versions of this License will at all times
apply to new versions of the Licensed Product released by Licensor
after the release of the new version of this License. Only the
Licensor has the right to change the License terms as they apply to
the Licensed Product.

This License relies on precise definitions for certain terms. Those
terms are defined when they are first used, and the definitions are
repeated for your convenience in a Glossary at the end of the License.

License Terms

1. Grant of License From Licensor. Subject to the terms and conditions
of this License, Licensor hereby grants you a world-wide,
royalty-free, non-exclusive license, subject to third party
intellectual property claims, to do the following:

a. Use, reproduce, modify, display, perform, sublicense and distribute
any Modifications created by a Contributor or portions thereof, in
both Source Code or as an executable program, either on an unmodified
basis or as part of Derivative Works.

b. Under claims of patents now or hereafter owned or controlled by
Contributor, to make, use, sell, offer for sale, have made, and/or
otherwise dispose of Modifications or portions thereof, but solely to
the extent that any such claim is necessary to enable you to make,
use, sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof or Derivative Works thereof.

2. Grant of License to Modifications From Contributor. "Modifications"
means any additions to or deletions from the substance or structure of
(i) a file containing a Licensed Product, or (ii) any new file that
contains any part of a Licensed Product. Hereinafter in this License,
the term "Licensed Product" shall include all previous Modifications
that you receive from any Contributor. Subject to the terms and
conditions of this License, By application of the provisions in
Section 4(a) below, each person or entity who created or contributed
to the creation of, and distributed, a Modification (a "Contributor")
hereby grants you a world-wide, royalty-free, non-exclusive license,
subject to third party intellectual property claims, to do the
following:

a. Use, reproduce, modify, display, perform, sublicense and distribute
any Modifications created by such Contributor or portions thereof, in
both Source Code or as an executable program, either on an unmodified
basis or as part of Derivative Works.

b. Under claims of patents now or hereafter owned or controlled by
Contributor, to make, use, sell, offer for sale, have made, and/or
otherwise dispose of Modifications or portions thereof, but solely to
the extent that any such claim is necessary to enable you to make,
use, sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof or Derivative Works thereof.

3. Exclusions From License Grant. Nothing in this License shall be
deemed to grant any rights to trademarks, copyrights, patents, trade
secrets or any other intellectual property of Licensor or any
Contributor except as expressly stated herein. No patent license is
granted separate from the Licensed Product, for code that you delete
from the Licensed Product, or for combinations of the Licensed Product
with other software or hardware. No right is granted to the trademarks
of Licensor or any Contributor even if such marks are included in the
Licensed Product. Nothing in this License shall be interpreted to
prohibit Licensor from licensing under different terms from this
License any code that Licensor otherwise would have a right to
license. As an express condition for your use of the Licensed Product,
you hereby agree that you will not, without the prior written consent
of Licensor, use any trademarks, copyrights, patents, trade secrets or
any other intellectual property of Licensor or any Contributor except
as expressly stated herein. For the avoidance of doubt and without
limiting the foregoing, you hereby agree that you will not use or
display any trademark of Licensor or any Contributor in any domain
name, directory filepath, advertisement, link or other reference to
you in any manner or in any media.

4. Your Obligations Regarding Distribution.

a. Application of This License to Your Modifications. As an express
condition for your use of the Licensed Product, you hereby agree that
any Modifications that you create or to which you contribute, and
which you distribute, are governed by the terms of this License
including, without limitation, Section 2. Any Modifications that you
create or to which you contribute may be distributed only under the
terms of this License or a future version of this License released
under Section 7. You must include a copy of this License with every
copy of the Modifications you distribute. You agree not to offer or
impose any terms on any Source Code or executable version of the
Licensed Product or Modifications that alter or restrict 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 4(d).

b. Availability of Source Code. You must make available, without
charge, under the terms of this License, the Source Code of the
Licensed Product and any Modifications that you distribute, either on
the same media as you distribute any executable or other form of the
Licensed Product, or via a mechanism generally accepted in the
software development community for the electronic transfer of data (an
"Electronic Distribution Mechanism"). The Source Code for any version
of Licensed Product or Modifications that you distribute must remain
available for as long as any executable or other form of the Licensed
Product is distributed by you. You are responsible for ensuring that
the Source Code version remains available even if the Electronic
Distribution Mechanism is maintained by a third party.

c. Intellectual Property Matters.

i. Third Party Claims. If you have knowledge that a license to a third
party's intellectual property right is required to exercise the rights
granted by this License, you must include a text file with the Source
Code distribution titled "LEGAL" that describes the claim and the
party making the claim in sufficient detail that a recipient will know
whom to contact. If you obtain such knowledge after you make any
Modifications available as described in Section 4(b), you shall
promptly modify the LEGAL file in all copies you make available
thereafter and shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to inform those who
received the Licensed Product from you that new knowledge has been
obtained.

ii. Contributor APIs. If your Modifications include an application
programming interface ("API") and you have knowledge of patent
licenses that are reasonably necessary to implement that API, you must
also include this information in the LEGAL file.

iii. Representations. You represent that, except as disclosed pursuant
to 4(c)(i) above, you believe that any Modifications you distribute
are your original creations and that you have sufficient rights to
grant the rights conveyed by this License.

d. Required Notices. You must duplicate this License in any
documentation you provide along with the Source Code of any
Modifications you create or to which you contribute, and which you
distribute, wherever you describe recipients' rights relating to
Licensed Product. You must duplicate the notice contained in Exhibit A
(the "Notice") in each file of the Source Code of any copy you
distribute of the Licensed Product. If you created a Modification, you
may add your name as a Contributor to the Notice. If it is not
possible to put the 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 file) where a user would be likely to look for such
a notice. You may choose to offer, and charge a fee for, warranty,
support, indemnity or liability obligations to one or more recipients
of Licensed Product. However, you may do so only on your own behalf,
and not on behalf of the Licensor or any Contributor. You must make it
clear that any such warranty, support, indemnity or liability
obligation is offered by you alone, and you hereby agree to indemnify
the Licensor and every Contributor for any liability incurred by the
Licensor or such Contributor as a result of warranty, support,
indemnity or liability terms you offer.

e. Distribution of Executable Versions. You may distribute Licensed
Product as an executable program under a license of your choice that
may contain terms different from this License provided (i) you have
satisfied the requirements of Sections 4(a) through 4(d) for that
distribution, (ii) you include a conspicuous notice in the executable
version, related documentation and collateral materials stating that
the Source Code version of the Licensed Product is available under the
terms of this License, including a description of how and where you
have fulfilled the obligations of Section 4(b), and (iii) you make it
clear that any terms that differ from this License are offered by you
alone, not by Licensor or any Contributor. You hereby agree to
indemnify the Licensor and every Contributor for any liability
incurred by Licensor or such Contributor as a result of any terms you
offer.

f. Distribution of Derivative Works. You may create Derivative Works
(e.g., combinations of some or all of the Licensed Product with other
code) and distribute the Derivative Works as products under any other
license you select, with the proviso that the requirements of this
License are fulfilled for those portions of the Derivative Works that
consist of the Licensed Product or any Modifications thereto.

g. Compensation for Distribution of Executable Versions of Licensed
Products, Modifications or Derivative Works. Notwithstanding any
provision of this License to the contrary, by distributing, selling,
licensing, sublicensing or otherwise making available any Licensed
Product, or Modification or Derivative Work thereof, you and Licensor
hereby acknowledge and agree that you may sell, license or sublicense
for a fee, accept donations or otherwise receive compensation for
executable versions of a Licensed Product, without paying a royalty or
other fee to the Licensor or any other Contributor, provided that such
executable versions (i) contain your or another Contributor?s material
Modifications, or (ii) are otherwise material Derivative Works. For
purposes of this License, an executable version of the Licensed
Product will be deemed to contain a material Modification, or will
otherwise be deemed a material Derivative Work, if (a) the Licensed
Product is modified with your own or a third party?s software programs
or other code, and/or the Licensed Product is combined with a number
of your own or a third party?s software programs or code,
respectively, and (b) such software programs or code add or contribute
material value, functionality or features to the License Product. For
the avoidance of doubt, to the extent your executable version of a
Licensed Product does not contain your or another Contributor?s
material Modifications or is otherwise not a material Derivative Work,
in each case as contemplated herein, you may not sell, license or
sublicense for a fee, accept donations or otherwise receive
compensation for such executable. Additionally, without limitation of
the foregoing and notwithstanding any provision of this License to the
contrary, you cannot charge for, sell, license or sublicense for a
fee, accept donations or otherwise receive compensation for the Source
Code.

5. 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 Licensed Product due to statute,
judicial order, or regulation, then you must (i) comply with the terms
of this License to the maximum extent possible, (ii) cite the statute
or regulation that prohibits you from adhering to the License, and
(iii) describe the limitations and the code they affect. Such
description must be included in the LEGAL file described in Section
4(d), 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 at computer programming to be able to understand it.

6. Application of This License. This License applies to code to which
Licensor or Contributor has attached the Notice in Exhibit A, which is
incorporated herein by this reference.

7. Versions of This License.

a. New Versions. Licensor may publish from time to time revised and/or
new versions of the License.

b. Effect of New Versions. Once Licensed Product has been published
under a particular version of the License, you may always continue to
use it under the terms of that version, provided that any such license
be in full force and effect at the time, and has not been revoked or
otherwise terminated. You may also choose to use such Licensed Product
under the terms of any subsequent version (but not any prior version)
of the License published by Licensor. No one other than Licensor has
the right to modify the terms applicable to Licensed Product created
under this License.

c. Derivative Works of this License. If you create or use a modified
version of this License, which you may do only in order to apply it to
software that is not already a Licensed Product under this License,
you must rename your license so that it is not confusingly similar to
this License, and must make it clear that your license contains terms
that differ from this License. In so naming your license, you may not
use any trademark of Licensor or any Contributor.

8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS
LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD
LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE
LICENSOR 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 LICENSED
PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

9. Termination.

a. Automatic Termination Upon Breach. This license and the rights
granted hereunder will terminate automatically if you fail to comply
with the terms herein and fail to cure such breach within ten (10)
days of being notified of the breach by the Licensor. For purposes of
this provision, proof of delivery via email to the address listed in
the ?WHOIS? database of the registrar for any website through which
you distribute or market any Licensed Product, or to any alternate
email address which you designate in writing to the Licensor, shall
constitute sufficient notification. All sublicenses to the Licensed
Product that are properly granted shall survive any termination of
this license so long as they continue to complye with the terms of
this License. Provisions that, by their nature, must remain in effect
beyond the termination of this License, shall survive.

b. Termination Upon Assertion of Patent Infringement. If you initiate
litigation by asserting a patent infringement claim (excluding
declaratory judgment actions) against Licensor or a Contributor
(Licensor or Contributor against whom you file such an action is
referred to herein as Respondent) alleging that Licensed Product
directly or indirectly infringes any patent, then any and all rights
granted by such Respondent to you under Sections 1 or 2 of this
License shall terminate prospectively upon sixty (60) days notice from
Respondent (the "Notice Period") unless within that Notice Period you
either agree in writing (i) to pay Respondent a mutually agreeable
reasonably royalty for your past or future use of Licensed Product
made by such Respondent, or (ii) withdraw your litigation claim with
respect to Licensed Product against such Respondent. If within said
Notice Period 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 Licensor to you under Sections
1 and 2 automatically terminate at the expiration of said Notice
Period.

c. Reasonable Value of This License. If you assert a patent
infringement claim against Respondent alleging that Licensed Product
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 said Respondent under Sections 1 and 2 shall be
taken into account in determining the amount or value of any payment
or license.

d. No Retroactive Effect of Termination. In the event of termination
under Sections 9(a) or 9(b) above, all end user license agreements
(excluding licenses to distributors and resellers) that have been
validly granted by you or any distributor hereunder prior to
termination shall survive termination.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED
PRODUCT, 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 PARTYS 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.

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

12. U.S. Government End Users. The Licensed Product 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 Licensed Product with only those rights set forth
herein.

13. Miscellaneous. This License represents the complete agreement
concerning the 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 License shall be
governed by California law provisions (except to the extent applicable
law, if any, provides otherwise), excluding its conflict-of-law
provisions. You expressly agree that in any litigation relating to
this license the losing party shall be responsible for costs
including, without limitation, court costs and reasonable attorneys
fees and expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation that provides that the language of a
contract shall be construed against the drafter shall not apply to
this License.

14. Definition of You in This License. You throughout this License,
whether in upper or lower case, 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
7. For legal entities, you includes any entity that controls, is
controlled by, is under common control with, or affiliated with,
you. For purposes of this definition, control means (i) the power,
direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (ii) ownership of fifty
percent (50%) or more of the outstanding shares, or (iii) beneficial
ownership of such entity. You are responsible for advising any
affiliated entity of the terms of this License, and that any rights or
privileges derived from or obtained by way of this License are subject
to the restrictions outlined herein.

15. Glossary. All defined terms in this License that are used in more
than one Section of this License are repeated here, in alphabetical
order, for the convenience of the reader. The Section of this License
in which each defined term is first used is shown in parentheses.

Contributor: Each person or entity who created or contributed to the
creation of, and distributed, a Modification. (See Section 2)

Derivative Works: That term as used in this License is defined under
U.S. copyright law. (See Section 1(b))

License: This BitTorrent Open Source License. (See first paragraph of License)

Licensed Product: Any BitTorrent Product licensed pursuant to this
License. The term "Licensed Product" includes all previous
Modifications from any Contributor that you receive. (See first
paragraph of License and Section 2)

Licensor: BitTorrent, Inc. (See first paragraph of License)

Modifications: Any additions to or deletions from the substance or
structure of (i) a file containing Licensed Product, or (ii) any new
file that contains any part of Licensed Product. (See Section 2)

Notice: The notice contained in Exhibit A. (See Section 4(e))

Source Code: The preferred form for making modifications to the
Licensed Product, including all modules contained therein, plus any
associated interface definition files, scripts used to control
compilation and installation of an executable program, or a list of
differential comparisons against the Source Code of the Licensed
Product. (See Section 1(a))

You: This term is defined in Section 14 of this License.

EXHIBIT A

The Notice below must appear in each file of the Source Code of any
copy you distribute of the Licensed Product or any
hereto. Contributors to any Modifications may add their own copyright
notices to identify their own contributions.

License:

The contents of this file are subject to the BitTorrent Open Source
License Version 1.0 (the License). You may not copy or use this file,
in either source code or executable form, except in compliance with
the License. You may obtain a copy of the License at
http://www.bittorrent.com/license/.

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.

BitTorrent, Inc.



Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. A copy of the license is included in the page “GNU Free Documentation License”.

The copyright and license notices on this page only apply to the text on this page. Any software or copyright-licenses or other similar notices described in this text has its own copyright notice and license, which can usually be found in the distribution or license text itself.


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