ADAPTIVE PUBLIC LICENSE Version 1.0 

THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE PUBLIC

LICENSE ("LICENSE"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE

LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE AND

ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THIS

LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED BELOW.

IMPORTANT NOTE: This License is "adaptive", and the generic version or

another version of an Adaptive Public License should not be relied upon

to determine your rights and obligations under this License. You must

read the specific Adaptive Public License that you receive with the

Licensed Work, as certain terms are defined at the outset by the

Initial Contributor.

See Section 2.2 below, Exhibit A attached, and any Suppfile.txt

accompanying this License to determine the specific adaptive features

applicable to this License. For example, without limiting the

foregoing, (a) for selected choice of law and jurisdiction see Part 3

of Exhibit A; (b) for the selected definition of Third Party see Part 4

of Exhibit A; and (c) for selected patent licensing terms (if any) see

Section 2.2 below and Part 6 of Exhibit A.

1. DEFINITIONS.

    1.1. "CONTRIBUTION" means:

        (a) In the case of the Initial Contributor, the Initial Work

        distributed under this License by the Initial Contributor; and

        (b) In the case of each Subsequent Contributor, the Subsequent

        Work originating from and distributed by such Subsequent

        Contributor.

    1.2. "DESIGNATED WEB SITE" means the web site having the URL

    identified in Part 1 of Exhibit A, which URL may be changed by the

    Initial Contributor by posting on the current Designated Web Site

    the new URL for at least sixty (60) days.

    1.3. "DISTRIBUTOR" means any Person that distributes the Licensed

    Work or any portion thereof to at least one Third Party.

    1.4. "ELECTRONIC DISTRIBUTION MECHANISM" means any mechanism

    generally accepted in the software development community for the

    electronic transfer of data.

    1.5. "EXECUTABLE" means the Licensed Work in any form other than

    Source Code.

    1.6. "GOVERNING JURISDICTION" means the state, province or other

    legal jurisdiction identified in Part 3 of Exhibit A.

    1.7. "INDEPENDENT MODULE" means a separate module of software

    and/or data that is not a derivative work of or copied from the

    Licensed Work or any portion thereof. In addition, a module does

    not qualify as an Independent Module but instead forms part of the

    Licensed Work if the module: (a) is embedded in the Licensed Work;

    (b) is included by reference in the Licensed Work other than by a

    function call or a class reference; or (c) must be included or

    contained, in whole or in part, within a file directory or

    subdirectory actually containing files making up the Licensed Work.

    1.8. "INITIAL CONTRIBUTOR" means the Person or entity identified as

    the Initial Contributor in the notice required by Part 1 of Exhibit

    A.

    1.9. "INITIAL WORK" means the initial Source Code, object code (if

    any) and documentation for the computer program identified in Part

    2 of Exhibit A, as such Source Code, object code and documentation

    is distributed under this License by the Initial Contributor.

    1.10. "LARGER WORK" means a work that combines the Licensed Work or

    portions thereof with code not governed by this License.

    1.11. "LICENSED WORK" means the Initial Work and/or any Subsequent

    Work, in each case including portions thereof.

    1.12. "LICENSE NOTICE" has the meaning assigned in Part 5 of

    Exhibit A.

    1.13. "MODIFICATION" or "MODIFICATIONS" means any change to and/or

    addition to the Licensed Work.

    1.14. "PERSON" means an individual or other legal entity, including

    a corporation, partnership or other body.

    1.15. "RECIPIENT" means any Person who receives or obtains the

    Licensed Work under this License (by way of example, without

    limiting the foregoing, any Subsequent Contributor or Distributor).

    1.16. "SOURCE CODE" means the source code for a computer program,

    including the source code for all modules and components of the

    computer program, plus any associated interface definition files,

    and scripts used to control compilation and installation of an

    executable.

    1.17. "SUBSEQUENT CONTRIBUTOR" means any Person that makes or

    contributes to the making of any Subsequent Work and that

    distributes that Subsequent Work to at least one Third Party.

    1.18. "SUBSEQUENT WORK" means a work that has resulted or arises

    from changes to and/or additions to:

        (a) the Initial Work;

        (b) any other Subsequent Work; or

        (c) to any combination of the Initial Work and any such other

        Subsequent Work;

        where such changes and/or additions originate from a Subsequent

        Contributor. A Subsequent Work will "originate" from a

        Subsequent Contributor if the Subsequent Work was a result of

        efforts by such Subsequent Contributor (or anyone acting on

        such Subsequent Contributor's behalf, such as, a contractor or

        other entity that is engaged by or under the direction of the

        Subsequent Contributor). For greater certainty, a Subsequent

        Work expressly excludes and shall not capture within its

        meaning any Independent Module.

    1.19. "SUPPLEMENT FILE" means a file distributed with the Licensed

    Work having a file name "suppfile.txt".

    1.20. "THIRD PARTY" has the meaning assigned in Part 4 of Exhibit

    A.

2. LICENSE.

    2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.

        (a) Subject to the terms of this License, the Initial

        Contributor hereby grants each Recipient a world-wide,

        royalty-free, non-exclusive copyright license to:

            (i) reproduce, prepare derivative works of, publicly

            display, publicly perform, distribute and sublicense the

            Initial Work; and

            (ii) reproduce, publicly display, publicly perform,

            distribute, and sublicense any derivative works (if any)

            prepared by Recipient;

        in Source Code and Executable form, either with other

        Modifications, on an unmodified basis, or as part of a Larger

        Work.

        (b) Subject to the terms of this License, each Subsequent

        Contributor hereby grants each Recipient a world-wide,

        royalty-free, non-exclusive copyright license to:

            (i) reproduce, prepare derivative works of, publicly

            display, publicly perform, distribute and sublicense the

            Subsequent Work of such Subsequent Contributor; and

            (ii) reproduce, publicly display, publicly perform,

            distribute, and sublicense any derivative works (if any)

            prepared by Recipient;

        in Source Code and Executable form, either with other

        Modifications, on an unmodified basis, or as part of a Larger

        Work.

    2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.

        (a) This License does not include or grant any patent license

        whatsoever from the Initial Contributor, Subsequent

        Contributor, or any Distributor unless, at the time the Initial

        Work is first distributed or made available under this License

        (as the case may be), the Initial Contributor has selected

        pursuant to Part 6 of Exhibit A the patent terms in paragraphs

        A, B, C, D and E from Part 6 of Exhibit A. If this is not done

        then the Initial Work and any other Subsequent Work is made

        available under the License without any patent license (the

        "PATENTS-EXCLUDED LICENSE").

        (b) However, the Initial Contributor may subsequently

        distribute or make available (as the case may be) future copies

        of: (1) the Initial Work; or (2) any Licensed Work distributed

        by the Initial Contributor which includes the Initial Work (or

        any portion thereof) and/or any Modification made by the

        Initial Contributor; available under a License which includes a

        patent license (the "PATENTS-INCLUDED LICENSE") by selecting

        pursuant to Part 6 of Exhibit A the patent terms in paragraphs

        A, B, C, D and E from Part 6 of Exhibit A, when the Initial

        Contributor distributes or makes available (as the case may be)

        such future copies under this License.

        (c) If any Recipient receives or obtains one or more copies of

        the Initial Work or any other portion of the Licensed Work

        under the Patents-Included License, then all licensing of such

        copies under this License shall include the terms in paragraphs

        A, B, C, D and E from Part 6 of Exhibit A and that Recipient

        shall not be able to rely upon the Patents-Excluded License for

        any such copies. However, all Recipients that receive one or

        more copies of the Initial Work or any other portion of the

        Licensed Work under a copy of the License which includes the

        Patents-Excluded License shall have no patent license with

        respect to such copies received under the Patents-Excluded

        License and availability and distribution of such copies,

        including Modifications made by such Recipient to such copies,

        shall be under a copy of the License without any patent

        license.

        (d) Where a Recipient uses in combination or combines any copy

        of the Licensed Work (or portion thereof) licensed under a copy

        of the License having a Patents-Excluded License with any copy

        of the Licensed Work (or portion thereof) licensed under a copy

        of the License having a Patents-Included License, the

        combination (and any portion thereof) shall, from the first

        time such Recipient uses, makes available or distributes the

        combination (as the case may be), be subject to only the terms

        of the License having the Patents-Included License which shall

        include the terms in paragraphs A, B, C, D and E from Part 6 of

        Exhibit A.

    2.3. ACKNOWLEDGEMENT AND DISCLAIMER.

    Recipient understands and agrees that although Initial Contributor

    and each Subsequent Contributor grants the licenses to its

    Contributions set forth herein, no representation, warranty,

    guarantee or assurance is provided by any Initial Contributor,

    Subsequent Contributor, or Distributor that the Licensed Work does

    not infringe the patent or other intellectual property rights of

    any other entity. Initial Contributor, Subsequent Contributor, and

    each Distributor disclaims any liability to Recipient for claims

    brought by any other entity based on infringement of intellectual

    property rights or otherwise, in relation to the Licensed Works. As

    a condition to exercising the rights and licenses granted

    hereunder, each Recipient hereby assumes sole responsibility to

    secure any other intellectual property rights needed, if any. For

    example, without limiting the foregoing disclaimers, if a third

    party patent license is required to allow Recipient to distribute

    the Licensed Work, it is Recipient's responsibility to acquire that

    license before distributing the Licensed Work.

    2.4. RESERVATION.

    Nothing in this License shall be deemed to grant any rights to

    trademarks, copyrights, patents, trade secrets or any other

    intellectual property of Initial Contributor, Subsequent

    Contributor, or Distributor except as expressly stated herein.

3. DISTRIBUTION OBLIGATIONS.

    3.1. DISTRIBUTION GENERALLY.

        (a) A Subsequent Contributor shall make that Subsequent

        Contributor's Subsequent Work(s) available to the public via an

        Electronic Distribution Mechanism for a period of at least

        twelve (12) months. The aforesaid twelve (12) month period

        shall begin within a reasonable time after the creation of the

        Subsequent Work and no later than sixty (60) days after first

        distribution of that Subsequent Contributor's Subsequent Work.

        (b) All Distributors must distribute the Licensed Work in

        accordance with the terms of the License, and must include a

        copy of this License (including without limitation Exhibit A

        and the accompanying Supplement File) with each copy of the

        Licensed Work distributed. In particular, this License must be

        prominently distributed with the Licensed Work in a file called

        "license.txt." In addition, the License Notice in Part 5 of

        Exhibit A must be included at the beginning of all Source Code

        files, and viewable to a user in any executable such that the

        License Notice is reasonably brought to the attention of any

        party using the Licensed Work.

    3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.

    A Distributor may choose to distribute the Licensed Work, or any

    portion thereof, in Executable form (an "EXECUTABLE DISTRIBUTION")

    to any third party, under the terms of Section 2 of this License,

    provided the Executable Distribution is made available under and

    accompanied by a copy of this License, AND provided at least ONE of

    the following conditions is fulfilled:

        (a) The Executable Distribution must be accompanied by the

        Source Code for the Licensed Work making up the Executable

        Distribution, and the Source Code must be distributed on the

        same media as the Executable Distribution or using an

        Electronic Distribution Mechanism; or

        (b) The Executable Distribution must be accompanied with a

        written offer, valid for at least thirty six (36) months, to

        give any third party under the terms of this License, for a

        charge no more than the cost of physically performing source

        distribution, a complete machine-readable copy of the Source

        Code for the Licensed Work making up the Executable

        Distribution, to be available and distributed using an

        Electronic Distribution Mechanism, and such Executable

        Distribution must remain available in Source Code form to any

        third party via the Electronic Distribution Mechanism (or any

        replacement Electronic Distribution Mechanism the particular

        Distributor may reasonably need to turn to as a substitute) for

        said at least thirty six (36) months.

    For greater certainty, the above-noted requirements apply to any

    Licensed Work or portion thereof distributed to any third party in

    Executable form, whether such distribution is made alone, in

    combination with a Larger Work or Independent Modules, or in some

    other combination.

    3.3. SOURCE CODE DISTRIBUTIONS.

    When a Distributor makes the Licensed Work, or any portion thereof,

    available to any Person in Source Code form, it must be made

    available under this License and a copy of this License must be

    included with each copy of the Source Code, situated so that the

    copy of the License is conspicuously brought to the attention of

    that Person. For greater clarification, this Section 3.3 applies to

    all distribution of the Licensed Work in any Source Code form. A

    Distributor may charge a fee for the physical act of transferring a

    copy, which charge shall be no more than the cost of physically

    performing source distribution.

    3.4. REQUIRED NOTICES IN SOURCE CODE.

    Each Subsequent Contributor must ensure that the notice set out in

    Part 5 of Exhibit A is included in each file of the Source Code for

    each Subsequent Work originating from that particular Subsequent

    Contributor, if such notice is not already included in each such

    file. If it is not possible to put such notice in a particular

    Source Code file due to its structure, then the Subsequent

    Contributor must include such notice in a location (such as a

    relevant directory in which the file is stored) where a user would

    be likely to look for such a notice.

    3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED

    MODIFICATIONS.

    Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may,

    internally within its own corporation or organization use the

    Licensed Work, including the Initial Work and Subsequent Works, and

    make Modifications for internal use within Recipient's own

    corporation or organization (collectively, "INTERNAL USE

    MODIFICATIONS"). The Recipient shall have no obligation to

    distribute, in either Source Code or Executable form, any such

    Internal Use Modifications made by Recipient in the course of such

    internal use, except where required below in this Section 3.5. All

    Internal Use Modifications distributed to any Person, whether or

    not a Third Party, shall be distributed pursuant to and be

    accompanied by the terms of this License. If the Recipient chooses

    to distribute any such Internal Use Modifications to any Third

    Party, then the Recipient shall be deemed a Subsequent Contributor,

    and any such Internal Use Modifications distributed to any Third

    Party shall be deemed a Subsequent Work originating from that

    Subsequent Contributor, and shall from the first such instance

    become part of the Licensed Work that must thereafter be

    distributed and made available to third parties in accordance with

    the terms of Sections 3.1 to 3.4 inclusive.

    3.6. INDEPENDENT MODULES.

    This License shall not apply to Independent Modules of any Initial

    Contributor, Subsequent Contributor, Distributor or any Recipient,

    and such Independent Modules may be licensed or made available

    under one or more separate license agreements.

    3.7. LARGER WORKS.

    Any Distributor or Recipient may create or contribute to a Larger

    Work by combining any of the Licensed Work with other code not

    governed by the terms of this License, and may distribute the

    Larger Work as one or more products. However, in any such case,

    Distributor or Recipient (as the case may be) must make sure that

    the requirements of this License are fulfilled for the Licensed

    Work portion of the Larger Work.

    3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.

        (a) Each Subsequent Contributor (including the Initial

        Contributor where the Initial Contributor also qualifies as a

        Subsequent Contributor) must cause each Subsequent Work created

        or contributed to by that Subsequent Contributor to contain a

        file documenting the changes, in accordance with the

        requirements of Part 1 of the Supplement File, that such

        Subsequent Contributor made in the creation or contribution to

        that Subsequent Work. If no Supplement File exists or no

        requirements are set out in Part 1 of the Supplement File, then

        there are no requirements for Subsequent Contributors to

        document changes that they make resulting in Subsequent Works.

        (b) The Initial Contributor may at any time introduce

        requirements or add to or change earlier requirements (in each

        case, the "EARLIER DESCRIPTION REQUIREMENTS") for documenting

        changes resulting in Subsequent Works by revising Part 1 of

        each copy of the Supplement File distributed by the Initial

        Contributor with future copies of the Licensed Work so that

        Part 1 then contains new requirements (the "NEW DESCRIPTION

        REQUIREMENTS") for documenting such changes.

        (c) Any Recipient receiving at any time any copy of an Initial

        Work or any Subsequent Work under a copy of this License (in

        each case, an "Earlier LICENSED COPY") having the Earlier

        Description Requirements may choose, with respect to each such

        Earlier Licensed Copy, to comply with the Earlier Description

        Requirements or the New Description Requirements. Where a

        Recipient chooses to comply with the New Description

        Requirements, that Recipient will, when thereafter distributing

        any copies of any such Earlier Licensed Copy, include a

        Supplement File having a section entitled Part 1 that contains

        a copy of the New Description Requirements.

        (d) For greater certainty, the intent of Part 1 of the

        Supplement File is to provide a mechanism (if any) by which

        Subsequent Contributors must document changes that they make to

        the Licensed Work resulting in Subsequent Works. Part 1 of any

        Supplement File shall not be used to increase or reduce the

        scope of the license granted in Article 2 of this License or in

        any other way increase or decrease the rights and obligations

        of any Recipient, and shall at no time serve as the basis for

        terminating the License. Further, a Recipient can be required

        to correct and change its documentation procedures to comply

        with Part 1 of the Supplement File, but cannot be penalised

        with damages. Part 1 of any Supplement File is only binding on

        each Recipient of any Licensed Work to the extent Part 1 sets

        out the requirements for documenting changes to the Initial

        Work or any Subsequent Work.

        (e) An example of a set of requirements for documenting changes

        and contributions made by Subsequent Contributor is set out in

        Part 7 of Exhibit A of this License. Part 7 is a sample only

        and is not binding on Recipients, unless (subject to the

        earlier paragraphs of this Section 3.8) those are the

        requirements that the Initial Contributor includes in Part 1 of

        the Supplement File with the copies of the Initial Work

        distributed under this License.

    3.9. USE OF DISTRIBUTOR NAME.

    The name of a Distributor may not be used by any other Distributor

    to endorse or promote the Licensed Work or products derived from

    the Licensed Work, without prior written permission.

    3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.

        (a) As a modest attribution to the Initial Contributor, in the

        hope that its promotional value may help justify the time,

        money and effort invested in writing the Initial Work, the

        Initial Contributor may include in Part 2 of the Supplement

        File a requirement that each time an executable program

        resulting from the Initial Work or any Subsequent Work, or a

        program dependent thereon, is launched or run, a prominent

        display of the Initial Contributor's attribution information

        must occur (the "ATTRIBUTION INFORMATION"). The Attribution

        Information must be included at the beginning of each Source

        Code file. For greater certainty, the Initial Contributor may

        specify in the Supplement File that the above attribution

        requirement only applies to an executable program resulting

        from the Initial Work or any Subsequent Work, but not a program

        dependent thereon. The intent is to provide for reasonably

        modest attribution, therefore the Initial Contributor may not

        require Recipients to display, at any time, more than the

        following Attribution Information: (a) a copyright notice

        including the name of the Initial Contributor; (b) a word or

        one phrase (not exceeding 10 words); (c) one digital image or

        graphic provided with the Initial Work; and (d) a URL

        (collectively, the "ATTRIBUTION LIMITS").

        (b) If no Supplement File exists, or no Attribution Information

        is set out in Part 2 of the Supplement File, then there are no

        requirements for Recipients to display any Attribution

        Information of the Initial Contributor.

        (c) Each Recipient acknowledges that all trademarks, service

        marks and/or trade names contained within Part 2 of the

        Supplement File distributed with the Licensed Work are the

        exclusive property of the Initial Contributor and may only be

        used with the permission of the Initial Contributor, or under

        circumstances otherwise permitted by law, or as expressly set

        out in this License.

    3.11. For greater certainty, any description or attribution

    provisions contained within a Supplement File may only be used to

    specify the nature of the description or attribution requirements,

    as the case may be. Any provision in a Supplement File that

    otherwise purports to modify, vary, nullify or amend any right,

    obligation or representation contained herein shall be deemed void

    to that extent, and shall be of no force or effect.

4. COMMERCIAL USE AND INDEMNITY.

    4.1. COMMERCIAL SERVICES.

    A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to

    charge a fee for, warranty, support, indemnity or liability

    obligations (collectively, "SERVICES") to one or more other

    Recipients or Distributors. However, such Commercial Recipient may

    do so only on that Commercial Recipient's own behalf, and not on

    behalf of any other Distributor or Recipient, and Commercial

    Recipient must make it clear than any such warranty, support,

    indemnity or liability obligation(s) is/are offered by Commercial

    Recipient alone. At no time may Commercial Recipient use any

    Services to deny any party the Licensed Work in Source Code or

    Executable form when so required under any of the other terms of

    this License. For greater certainty, this Section 4.1 does not

    diminish any of the other terms of this License, including without

    limitation the obligation of the Commercial Recipient as a

    Distributor, when distributing any of the Licensed Work in Source

    Code or Executable form, to make such distribution royalty-free

    (subject to the right to charge a fee of no more than the cost of

    physically performing Source Code or Executable distribution (as

    the case may be)).

    4.2. INDEMNITY.

    Commercial distributors of software may accept certain

    responsibilities with respect to end users, business partners and

    the like. While this License is intended to facilitate the

    commercial use of the Licensed Work, the Distributor who includes

    any of the Licensed Work in a commercial product offering should do

    so in a manner which does not create potential liability for other

    Distributors. Therefore, if a Distributor includes the Licensed

    Work in a commercial product offering or offers any Services, such

    Distributor ("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and

    indemnify every other Distributor or Subsequent Contributor (in

    each case an "INDEMNIFIED PARTY") against any losses, damages and

    costs (collectively "LOSSES") arising from claims, lawsuits and

    other legal actions brought by a third party against the

    Indemnified Party to the extent caused by the acts or omissions of

    such Commercial Distributor in connection with its distribution of

    any of the Licensed Work in a commercial product offering or in

    connection with any Services. The obligations in this section do

    not apply to any claims or Losses relating to any actual or alleged

    intellectual property infringement. In order to qualify, an

    Indemnified Party must: (a) promptly notify the Commercial

    Distributor in writing of such claim; and (b) allow the Commercial

    Distributor to control, and co-operate with the Commercial

    Distributor in, the defense and any related settlement

    negotiations. The Indemnified Party may participate in any such

    claim at its own expense.

5. VERSIONS OF THE LICENSE.

    5.1. NEW VERSIONS.

    The Initial Contributor may publish revised and/or new versions of

    the License from time to time. Each version will be given a

    distinguishing version number.

    5.2. EFFECT OF NEW VERSIONS.

    Once the Licensed Work or any portion thereof has been published by

    Initial Contributor under a particular version of the License,

    Recipient may choose to continue to use it under the terms of that

    version. However, if a Recipient chooses to use the Licensed Work

    under the terms of any subsequent version of the License published

    by the Initial Contributor, then from the date of making this

    choice, the Recipient must comply with the terms of that subsequent

    version with respect to all further reproduction, preparation of

    derivative works, public display of, public performance of,

    distribution and sublicensing by the Recipient in connection with

    the Licensed Work. No one other than the Initial Contributor has

    the right to modify the terms applicable to the Licensed Work

6. DISCLAIMER OF WARRANTY.

    6.1. GENERAL DISCLAIMER.

    EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS

    PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY

    REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION OF ANY

    KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,

    WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,

    MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE

    RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH

    RECIPIENT. SHOULD ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT,

    RECIPIENT (NOT THE INITIAL CONTRIBUTOR OR ANY SUBSEQUENT

    CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR

    CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS

    LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT

    UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.

    6.2. RESPONSIBILITY OF RECIPIENTS.

    Each Recipient is solely responsible for determining the

    appropriateness of using and distributing the Licensed Work and

    assumes all risks associated with its exercise of rights under this

    License, including but not limited to the risks and costs of

    program errors, compliance with applicable laws, damage to or loss

    of data, programs or equipment, and unavailability or interruption

    of operations.

7. TERMINATION.

    7.1. This License shall continue until terminated in accordance

    with the express terms herein.

    7.2. Recipient may choose to terminate this License automatically

    at any time.

    7.3. This License, including without limitation the rights granted

    hereunder to a particular Recipient, will terminate automatically

    if such Recipient is in material breach of any of the terms of this

    License and fails to cure such breach within sixty (60) days of

    becoming aware of the breach. Without limiting the foregoing, any

    material breach by such Recipient of any term of any other License

    under which such Recipient is granted any rights to the Licensed

    Work shall constitute a material breach of this License.

    7.4. Upon termination of this License by or with respect to a

    particular Recipient for any reason, all rights granted hereunder

    and under any other License to that Recipient shall terminate.

    However, all sublicenses to the Licensed Work which were previously

    properly granted by such Recipient under a copy of this License (in

    each case, an "Other License" and in plural, "Other Licenses")

    shall survive any such termination of this License, including

    without limitation the rights and obligations under such Other

    Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7

    and 8, mutatis mutandis, for so long as the respective sublicensees

    (i.e. other Recipients) remain in compliance with the terms of the

    copy of this License under which such sublicensees received rights

    to the Licensed Work. Any termination of such Other Licenses shall

    be pursuant to their respective Section 7, mutatis mutandis.

    Provisions which, by their nature, must remain in effect beyond the

    termination of this License shall survive.

    7.5. Upon any termination of this License by or with respect to a

    particular Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1,

    and 8.2, together with all provisions of this License necessary for

    the interpretation and enforcement of same, shall expressly survive

    such termination.

8. LIMITATION OF LIABILITY.

    8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS

    SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE

    OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY BE),

    HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT DAMAGES,

    PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY

    DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER

    (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY

    OTHER LOSS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE,

    INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE

    OF THE LICENSED WORK OR ANY PART THEREOF OR THE PROVISION OF OR

    FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM ERRORS,

    DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY

    OTHER FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF

    LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT

    (INCLUDING NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN

    ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE

    LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN

    IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

    LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY

    RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW

    PROHIBITS SUCH LIMITATION. THIS CLAUSE CONSTITUTES AN ESSENTIAL

    PART OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED

    HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION

    THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.

    8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT

    SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL

    DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED

    AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

    LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN

    ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE

    EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE

    POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT

    APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH

    PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH

    LIMITATION.

9. GOVERNING LAW AND LEGAL ACTION.

    9.1. This License shall be governed by and construed in accordance

    with the laws of the Governing Jurisdiction assigned in Part 3 of

    Exhibit A, without regard to its conflict of law provisions. No

    party may bring a legal action under this License more than one

    year after the cause of the action arose. Each party waives its

    rights (if any) to a jury trial in any litigation arising under

    this License. Note that if the Governing Jurisdiction is not

    assigned in Part 3 of Exhibit A, then the Governing Jurisdiction

    shall be the State of New York.

    9.2. The courts of the Governing Jurisdiction shall have

    jurisdiction, but not exclusive jurisdiction, to entertain and

    determine all disputes and claims, whether for specific

    performance, injunction, damages or otherwise, both at law and in

    equity, arising out of or in any way relating to this License,

    including without limitation, the legality, validity, existence and

    enforceability of this License. Each party to this License hereby

    irrevocably attorns to and accepts the jurisdiction of the courts

    of the Governing Jurisdiction for such purposes.

    9.3. Except as expressly set forth elsewhere herein, in the event

    of any action or proceeding brought by any party against another

    under this License the prevailing party shall be entitled to

    recover all costs and expenses including the fees of its attorneys

    in such action or proceeding in such amount as the court may

    adjudge reasonable.

10. MISCELLANEOUS.

    10.1. The obligations imposed by this License are for the benefit

    of the Initial Contributor and any Recipient, and each Recipient

    acknowledges and agrees that the Initial Contributor and/or any

    other Recipient may enforce the terms and conditions of this

    License against any Recipient.

    10.2. This License represents the complete agreement concerning

    subject matter hereof, and supersedes and cancels all previous oral

    and written communications, representations, agreements and

    understandings between the parties with respect to the subject

    matter hereof.

    10.3. The application of the United Nations Convention on Contracts

    for the International Sale of Goods is expressly excluded.

    10.4. The language in all parts of this License shall be in all

    cases construed simply according to its fair meaning, and not

    strictly for or against any of the parties hereto. Any law or

    regulation which provides that the language of a contract shall be

    construed against the drafter shall not apply to this License.

    10.5. If any provision of this License is invalid or unenforceable

    under the laws of the Governing Jurisdiction, it shall not affect

    the validity or enforceability of the remainder of the terms of

    this License, and without further action by the parties hereto,

    such provision shall be reformed to the minimum extent necessary to

    make such provision valid and enforceable.

    10.6. The paragraph headings of this License are for reference and

    convenience only and are not a part of this License, and they shall

    have no effect upon the construction or interpretation of any part

    hereof.

    10.7. Each of the terms "including", "include" and "includes", when

    used in this License, is not limiting whether or not non-limiting

    language (such as "without limitation" or "but not limited to" or

    words of similar import) is used with reference thereto.

    10.8. The parties hereto acknowledge they have expressly required

    that this License and notices relating thereto be drafted in the

    English language.

//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT

//A).***//

EXHIBIT A (to the Adaptive Public License)

    PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE The Initial

    Contributor is:

    	____________________________________________________

    [Enter full name of Initial Contributor]

    Address of Initial Contributor:

    	________________________________________________

    ________________________________________________

    ________________________________________________

    [Enter address above]

    The Designated Web Site is:

    	__________________________________________________

    [Enter URL for Designated Web Site of Initial Contributor]

    NOTE: The Initial Contributor is to complete this Part 1, along

    with Parts 2, 3, and 5, and, if applicable, Parts 4 and 6.

    PART 2: INITIAL WORK

    The Initial Work comprises the computer program(s) distributed by

    the Initial Contributor having the following title(s):

    _______________________________________________.

    The date on which the Initial Work was first available under this

    License: _________________

    PART 3: GOVERNING JURISDICTION

    For the purposes of this License, the Governing Jurisdiction is

    _________________________________________________. [Initial

    Contributor to Enter Governing Jurisdiction here]

    PART 4: THIRD PARTIES

    For the purposes of this License, "Third Party" has the definition

    set forth below in the ONE paragraph selected by the Initial

    Contributor from paragraphs A, B, C, D and E when the Initial Work

    is distributed or otherwise made available by the Initial

    Contributor. To select one of the following paragraphs, the Initial

    Contributor must place an "X" or "x" in the selection box alongside

    the one respective paragraph selected. SELECTION BOX 	PARAGRAPH

    [  ] 	A. "THIRD PARTY" means any third party.

    [  ] 	B. "THIRD PARTY" means any third party except for any of

    the following: (a) a wholly owned subsidiary of the Subsequent

    Contributor in question; (b) a legal entity (the "PARENT") that

    wholly owns the Subsequent Contributor in question; or (c) a wholly

    owned subsidiary of the wholly owned subsidiary in (a) or of the

    Parent in (b).

    [  ] 	C. "THIRD PARTY" means any third party except for any of

    the following: (a) any Person directly or indirectly owning a

    majority of the voting interest in the Subsequent Contributor or

    (b) any Person in which the Subsequent Contributor directly or

    indirectly owns a majority voting interest.

    [  ] 	D. "THIRD PARTY" means any third party except for any

    Person directly or indirectly controlled by the Subsequent

    Contributor. For purposes of this definition, "control" shall mean

    the power to direct or cause the direction of, the management and

    policies of such Person whether through the ownership of voting

    interests, by contract, or otherwise.

    [  ] 	E. "THIRD PARTY" means any third party except for any

    Person directly or indirectly controlling, controlled by, or under

    common control with the Subsequent Contributor. For purposes of

    this definition, "control" shall mean the power to direct or cause

    the direction of, the management and policies of such Person

    whether through the ownership of voting interests, by contract, or

    otherwise.

    The default definition of "THIRD PARTY" is the definition set forth

    in paragraph A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D

    or E in this Part 4 are selected by the Initial Contributor.

    PART 5: NOTICE

    THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE

    PUBLIC LICENSE ("LICENSE") AS FIRST COMPLETED BY:

    ______________________ [Insert the name of the Initial Contributor

    here]. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE, REPRODUCTION OR

    DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED ON, THE

    LICENSED WORK CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS LICENSE

    AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE

    LICENSE. "LICENSED WORK" AND "RECIPIENT" ARE DEFINED IN THE

    LICENSE. A COPY OF THE LICENSE IS LOCATED IN THE TEXT FILE ENTITLED

    "LICENSE.TXT" ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF

    THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY

    ALSO BE OBTAINED AT THE FOLLOWING WEB SITE:

    ___________________________________________________ [Insert Initial

    Contributor's Designated Web Site here]

    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.

    PART 6: PATENT LICENSING TERMS

    For the purposes of this License, paragraphs A, B, C, D and E of

    this Part 6 of Exhibit A are only incorporated and form part of the

    terms of the License if the Initial Contributor places an "X" or

    "x" in the selection box alongside the YES answer to the question

    immediately below.

    Is this a Patents-Included License pursuant to Section 2.2 of the

    License?

        YES 	[      ] NO 	[      ]

    By default, if YES is not selected by the Initial Contributor, the

    answer is NO.

        A. For the purposes of the paragraphs in this Part 6 of Exhibit

        A, "LICENSABLE" means having the right to grant, to the maximum

        extent possible, whether at the time of the initial grant or

        subsequently acquired, any and all of the rights granted

        herein.

        B. The Initial Contributor hereby grants all Recipients a

        world-wide, royalty-free, non-exclusive license, subject to

        third party intellectual property claims, under patent claim(s)

        Licensable by the Initial Contributor that are or would be

        infringed by the making, using, selling, offering for sale,

        having made, importing, exporting, transfer or disposal of such

        Initial Work or any portion thereof. Notwithstanding the

        foregoing, no patent license is granted under this Paragraph B

        by the Initial Contributor: (1) for any code that the Initial

        Contributor deletes from the Initial Work (or any portion

        thereof) distributed by the Initial Contributor prior to such

        distribution; (2) for any Modifications made to the Initial

        Work (or any portion thereof) by any other Person; or (3)

        separate from the Initial Work (or portions thereof)

        distributed or made available by the Initial Contributor.

        C. Effective upon distribution by a Subsequent Contributor to a

        Third Party of any Modifications made by that Subsequent

        Contributor, such Subsequent Contributor hereby grants all

        Recipients a world-wide, royalty-free, non-exclusive license,