Difference between revisions of "License:BitTorrent-1.1"

From Free Software Directory
Jump to: navigation, search
(Created page: added name, URL, full text. Formatted text for width)
 
 
(13 intermediate revisions by 4 users not shown)
Line 1: Line 1:
 
{{license
 
{{license
|Name=BitTorrent Open Source License, Version 1.1
+
|Name=BitTorrent Open Source License v1.1
|URL= http://web.archive.org/web/20100128022444/http://www.bittorrent.com/legal/bittorrent-open-source-license
+
|URL=https://spdx.org/licenses/BitTorrent-1.1.html
 +
|Comment=https://www.gnu.org/licenses/license-list.html#bittorrent
 +
https://web.archive.org/web/20100128022444/http://www.bittorrent.com/legal/bittorrent-open-source-license
 +
 
 +
Free but GPL-Incompatible License.
 
|Full text=
 
|Full text=
<pre>
 
 
BitTorrent Open Source License
 
BitTorrent Open Source License
 
 
Version 1.1
 
Version 1.1
  
This BitTorrent Open Source License (the "License") applies to the
+
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.
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
 
Preamble
  
This Preamble is intended to describe, in plain English, the nature
+
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.
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
+
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.
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:
 
This License provides that:
  
1. You may use or give away the Licensed Product, alone or as a
+
    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.
component of an aggregate software distribution containing programs
+
    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.)
from several different sources. No royalty or other fee is required.
+
    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.
2. Both Source Code and executable versions of the Licensed Product,
+
    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.
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
+
    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.
License, you agree that any Modifications you make to the Licensed
+
    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.
Product and then distribute are governed by the provisions of this
+
    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.
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
+
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.
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
+
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
not providing you any warranty whatsoever, nor is the Licensor
+
Modifications.
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
+
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.
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
+
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.
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
 
License Terms
  
1. Grant of License From Licensor. Subject to the terms and conditions
+
    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:
of this License, Licensor hereby grants you a world-wide,
+
        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.
royalty-free, non-exclusive license, subject to third party
+
        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.
intellectual property claims, to do the following:
+
    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.
a. Use, reproduce, modify, display, perform, sublicense and distribute
+
        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.
any Modifications created by a Contributor or portions thereof, in
+
    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.
both Source Code or as an executable program, either on an unmodified
+
    4. Your Obligations Regarding Distribution.
basis or as part of Derivative Works.
+
        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.
b. Under claims of patents now or hereafter owned or controlled by
+
        c. Intellectual Property Matters.
Contributor, to make, use, sell, offer for sale, have made, and/or
+
            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.
otherwise dispose of Modifications or portions thereof, but solely to
+
            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.
the extent that any such claim is necessary to enable you to make,
+
            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.
use, sell, offer for sale, have made, and/or otherwise dispose of
+
        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.
Modifications or portions thereof or Derivative Works thereof.
+
        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.
2. Grant of License to Modifications From Contributor. "Modifications"
+
        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.
means any additions to or deletions from the substance or structure of
+
    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.
(i) a file containing a Licensed Product, or (ii) any new file that
+
    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.
contains any part of a Licensed Product. Hereinafter in this License,
+
    7. Versions of This License.
the term "Licensed Product" shall include all previous Modifications
+
        a. New Versions. Licensor may publish from time to time revised and/or new versions of the License.
that you receive from any Contributor. Subject to the terms and
+
        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.
conditions of this License, By application of the provisions in
+
        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.
Section 4(a) below, each person or entity who created or contributed
+
    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.
to the creation of, and distributed, a Modification (a "Contributor")
+
    9. Termination.
hereby grants you a world-wide, royalty-free, non-exclusive license,
+
        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.
subject to third party intellectual property claims, to do the
+
        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.
following:
+
        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.
a. Use, reproduce, modify, display, perform, sublicense and distribute
+
    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.
any Modifications created by such Contributor or portions thereof, in
+
    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.
both Source Code or as an executable program, either on an unmodified
+
    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.
basis or as part of Derivative Works.
+
    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.
b. Under claims of patents now or hereafter owned or controlled by
+
    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, 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
+
    Contributor: Each person or entity who created or contributed to the creation of, and distributed, a Modification. (See Section 2)
creation of, and distributed, a Modification. (See Section 2)
 
  
Derivative Works: That term as used in this License is defined under
+
    Derivative Works: That term as used in this License is defined under U.S. copyright law. (See Section 1(b))
U.S. copyright law. (See Section 1(b))
 
  
License: This BitTorrent Open Source License. (See first paragraph of License)
+
    License: This BitTorrent Open Source License. (See first paragraph of License)
  
Licensed Product: Any BitTorrent Product licensed pursuant to this
+
    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)
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)
+
    Licensor: BitTorrent, Inc. (See first paragraph of License)
  
Modifications: Any additions to or deletions from the substance or
+
    Modifications: Any additions to or deletions from the substance or structure of (i) a file containing Licensed
structure of (i) a file containing Licensed Product, or (ii) any new
+
    Product, or (ii) any new file that contains any part of Licensed Product. (See Section 2)
file that contains any part of Licensed Product. (See Section 2)
 
  
Notice: The notice contained in Exhibit A. (See Section 4(e))
+
    Notice: The notice contained in Exhibit A. (See Section 4(e))
  
Source Code: The preferred form for making modifications to the
+
    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))
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.
+
    You: This term is defined in Section 14 of this License.
  
 
EXHIBIT A
 
EXHIBIT A
  
The Notice below must appear in each file of the Source Code of any
+
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.
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:
 
License:
  
The contents of this file are subject to the BitTorrent Open Source
+
The contents of this file are subject to the BitTorrent Open Source License Version 1.1 (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/.
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
+
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.
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.
 
BitTorrent, Inc.
</pre>
+
}}
 +
[[Category:Free license]]

Latest revision as of 17:29, 13 January 2019

Name BitTorrent Open Source License v1.1
URL https://spdx.org/licenses/BitTorrent-1.1.html
Comment https://www.gnu.org/licenses/license-list.html#bittorrent

https://web.archive.org/web/20100128022444/http://www.bittorrent.com/legal/bittorrent-open-source-license

Free but GPL-Incompatible License.

License 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 1.1 (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.