resources.stdlicenses.FreeImage Maven / Gradle / Ivy
FreeImage Public License v1.0 | Software Package Data Exchange (SPDX)
FreeImage Public License v1.0
Full name
FreeImage Public License v1.0
Short identifier
FreeImage
Other web pages for this license
Notes
This is similar to MPL-1.0, but for the names, choice of law, and jurisdiction
Text
FreeImage Public License - Version 1.0
-
1.
Definitions.
-
1.1.
"Contributor" means each entity that creates or contributes to the creation of
Modifications.
-
1.2.
"Contributor Version" means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that particular
Contributor.
-
1.3.
"Covered Code" means the Original Code or Modifications or the combination of the
Original Code and Modifications, in each case including portions thereof.
-
1.4.
"Electronic Distribution Mechanism" means a mechanism generally accepted in the
software development community for the electronic transfer of data.
-
1.5.
"Executable" means Covered Code in any form other than Source Code.
-
1.6.
"Initial Developer" means the individual or entity identified as the Initial
Developer in the Source Code notice required by Exhibit A.
-
1.7.
"Larger Work" means a work which combines Covered Code or portions thereof with
code not governed by the terms of this License.
-
1.8.
"License" means this document.
-
1.9.
"Modifications" means any addition to or deletion from the substance or structure
of either the Original Code or any previous Modifications. When Covered Code is released
as a series of files, a
Modification is:
-
A.
Any addition to or deletion from the contents of a file containing Original Code or
previous Modifications.
-
B.
Any new file that contains any part of the Original Code or previous Modifications.
-
1.10.
"Original Code" means Source Code of computer software code which is described in
the Source Code notice required by Exhibit A as Original Code, and which, at the time of
its release under this License is not already Covered Code governed by this License.
-
1.11.
"Source Code" means the preferred form of the Covered Code for making modifications
to it, including all modules it contains, plus any associated interface definition files,
scripts used to control compilation and installation of an Executable, or a list of source
code differential comparisons against either the Original Code or another well known,
available Covered Code of the Contributor's choice. The Source Code can be in a
compressed or archival form, provided the appropriate decompression or de-archiving
software is widely available for no charge.
-
1.12.
"You" means an individual or a legal entity exercising rights under, and complying
with all of the terms of, this License or a future version of this License issued under
Section 6.1. For legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes of this definition,
"control" means (a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (b) ownership of fifty
percent (50%) or more of the outstanding shares or beneficial ownership of such
entity.
-
2.
Source Code License.
-
2.1.
The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:
-
(a)
to use, reproduce, modify, display, perform, sublicense and distribute the Original Code
(or portions thereof) with or without Modifications, or as part of a Larger Work;
and
-
(b)
under patents now or hereafter owned or controlled by Initial Developer, to make, have
made, use and sell ("Utilize") the Original Code (or portions thereof), but
solely to the extent that any such patent is reasonably necessary to enable You to
Utilize the Original Code (or portions thereof) and not to any greater extent that may
be necessary to Utilize further Modifications or combinations.
-
2.2.
Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license,
subject to third party intellectual property claims:
-
(a)
to use, reproduce, modify, display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on an unmodified basis, with
other Modifications, as Covered Code or as part of a Larger Work; and
-
(b)
under patents now or hereafter owned or controlled by Contributor, to Utilize the
Contributor Version (or portions thereof), but solely to the extent that any such
patent is reasonably necessary to enable You to Utilize the Contributor Version (or
portions thereof), and not to any greater extent that may be necessary to Utilize
further Modifications or combinations.
-
3.
Distribution Obligations.
-
3.1.
Application of License.
The Modifications which You create or to which You contribute are governed by the terms
of this License, including without limitation Section 2.2. The Source Code version
of Covered Code may be distributed only under the terms of this License or a
future version of this License released under Section 6.1, and You must include a
copy of this License with every copy of the Source Code You distribute. You may
not offer or impose any terms on any Source Code version that alters or restricts
the applicable version of this License or the recipients' rights hereunder.
However, You may include an additional document offering the additional rights
described in Section 3.5.
-
3.2.
Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in
Source Code form under the terms of this License either on the same media as an
Executable version or via an accepted Electronic Distribution Mechanism to anyone
to whom you made an Executable version available; and if made available via
Electronic Distribution Mechanism, must remain available for at least twelve (12)
months after the date it initially became available, or at least six (6) months
after a subsequent version of that particular Modification has been made available
to such recipients. You are responsible for ensuring that the Source Code version
remains available even if the Electronic Distribution Mechanism is maintained by a
third party.
-
3.3.
Description of Modifications.
You must cause all Covered Code to which you contribute to contain a file documenting
the changes You made to create that Covered Code and the date of any change. You
must include a prominent statement that the Modification is derived, directly or
indirectly, from Original Code provided by the Initial Developer and including the
name of the Initial Developer in (a) the Source Code, and (b) in any notice in an
Executable version or related documentation in which You describe the origin or
ownership of the Covered Code.
-
3.4.
Intellectual Property Matters
-
(a)
Third Party Claims.
If You have knowledge that a party claims an intellectual property right in
particular functionality or code (or its utilization under this License), you
must include a text file with the source code distribution titled
"LEGAL" which describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If you obtain
such knowledge after You make Your Modification available as described in
Section 3.2, 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 Covered Code that new knowledge has been obtained.
-
(b)
Contributor APIs.
If Your Modification is an application programming interface and You own or control
patents which are reasonably necessary to implement that API, you must also
include this information in the LEGAL file.
-
3.5.
Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code, and this
License in any documentation for the Source Code, where You describe
recipients' rights relating to Covered Code. If You created one or more
Modification(s), You may add your name as a Contributor to the notice described in
Exhibit A. If it is not possible to put such notice in a particular Source Code
file due to its structure, then you must include such notice in a location (such
as a relevant directory file) where a user would be likely to look for such a
notice. You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Covered Code.
However, You may do so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely clear than any such
warranty, support, indemnity or liability obligation is offered by You alone, and
You hereby agree to indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.
-
3.6.
Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section
3.1-3.5 have been met for that Covered Code, and if You include a notice stating
that the Source Code version of the Covered Code is available under the terms of
this License, including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously included in any
notice in an Executable version, related documentation or collateral in which You
descr ibe recipients' rights relating to the Covered Code. You may distribute
the Executable version of Covered Code under a license of Your choice, which may
contain terms different from this License, provided that You are in compliance with
the terms of this License and that the license for the Executable version does not
attempt to limit or alter the recipient's rights in the Source Code version
from the rights set forth in this License. If You distribute the Executable
version under a different license You must make it absolutely clear that any terms
which differ from this License are offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to indemnify the Initial Developer
and every Contributor for any liability incurred by the Initial Developer or such
Contributor as a result of any such terms You offer.
-
3.7.
Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by
the terms of this License and distribute the Larger Work as a single product. In
such a case, You must make sure the requirements of this License are fulfilled for
the Covered Code.
-
4.
Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to
some or all of the Covered Code due to statute or regulation then You must: (a) comply
with the terms of this License to the maximum extent possible; and (b) describe the
limitations and the code they affect. Such description must be included in the LEGAL
file described in Section 3.4 and must be included with all distributions of the
Source Code. Except to the extent prohibited by statute or regulation, such
description must be sufficiently detailed for a recipient of ordinary skill to be able
to understand it.
-
5.
Application of this License.
This License applies to code to which the Initial Developer has attached the notice in
Exhibit A, and to related Covered Code.
-
6.
Versions of the License.
-
6.1.
New Versions.
Floris van den Berg may publish revised and/or new versions of the License from time to
time. Each version will be given a distinguishing version number.
-
6.2.
Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may
always continue to use it under the terms of that version. You may also choose to
use such Covered Code under the terms of any subsequent version of the License
published by Floris van den Berg
No one other than Floris van den Berg has the right to modify the terms applicable to
Covered Code created under this License.
-
6.3.
Derivative Works.
If you create or use a modified version of this License (which you may only do in order
to apply it to code which is not already Covered Code governed by this License),
you must (a) rename Your license so that the phrases "FreeImage",
`FreeImage Public License", "FIPL", or any confusingly similar
phrase do not appear anywhere in your license and (b) otherwise make it clear that
your version of the license contains terms which differ from the FreeImage Public
License. (Filling in the name of the Initial Developer, Original Code or
Contributor in the notice described in Exhibit A shall not of themselves be deemed
to be modifications of this License.)
-
7.
DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER.
-
8.
TERMINATION.
This License and the rights granted hereunder will terminate automatically if You fail to
comply with terms herein and fail to cure such breach within 30 days of becoming aware
of the breach. All sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their nature, must
remain in effect beyond the termination of this License shall survive.
-
9.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION
MAY NOT APPLY TO YOU.
-
10.
U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of "commercial computer software" and
"commercial computer software documentation," as such terms are used in 48
C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
with only those rights set forth herein.
-
11.
MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any
provision of this License is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. This License shall be
governed by Dutch law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. With respect to
disputes in which at least one party is a citizen of, or an entity chartered or
registered to do business in, the The Netherlands: (a) unless otherwise agreed in
writing, all disputes relating to this License (excepting any dispute relating to
intellectual property rights) shall be subject to final and binding arbitration, with
the losing party paying all costs of arbitration; (b) any arbitration relating to this
Agreement shall be held in Almelo, The Netherlands; and (c) any litigation relating to
this Agreement shall be subject to the jurisdiction of the court of Almelo, The
Netherlands with the losing party responsible for costs, including without limitation,
court costs and reasonable attorneys fees and expenses. Any law or regulation which
provides that the language of a contract shall be construed against the drafter shall
not apply to this License.
-
12.
RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for
damages arising, directly or indirectly, out of Your utilization of rights under this License, based
on the number of copies of Covered Code you made available, the revenues you received from utilizing
such rights, and other relevant factors. You agree to work with affected parties to distribute
responsibility on an equitable basis.
EXHIBIT A.
"The contents of this file are subject to the FreeImage Public License Version 1.0 (the
"License"); you may not use this file except in compliance with the License. You may obtain
a copy of the License at http://home.wxs.nl/~flvdberg/freeimage-license.txt
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.
Standard License Header
There is no standard license header for the license
© 2015 - 2024 Weber Informatics LLC | Privacy Policy