INCLUDING PUBLIC LICENCE (IPL)

Author: Ron House

This document contains material copyright Ron House 1998, 1999.

Version 1.00 Experimental, 26 July 1999

Please read the accompanying Introduction to the IPL for an explanation of the ideas behind this Licence.

The phrase "Including Public Licence" (however capitalised and whether the final word is spelt in the American or the British fashion) and the acronym "IPL" are copyright as separate works by Ron House 1998. Permission is hereby granted to use these works in part or in whole for any purpose that does not cause confusion between some other document and this document or a later Authorised Version.

The text of this document is modified from and contains conditions different from the Mozilla Public License by Netscape. This author gratefully acknowledges their contribution to the open-source software community.

1.1. ``Contributor'' means each entity that creates or contributes to the creation of the Original Code or 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. ``Original Contributor'' and "Initial Developer" both mean the individual or entity, if any, identified as the Initial Developer in the notice shown in Exhibit A. An individual file may have a different Original Contributor from other files or the work as a whole. The Original Contributor is a Contributor.

1.7. ``Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this Licence.

1.8. ``Licence'' 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 Licence is not already Covered Code governed by this Licence.

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 under terms no more restrictive with regard to payment obligations than this Licence.

1.12. ``You'' means an individual or a legal entity exercising rights under, and complying with all of the terms of, this Licence or a future Authorised Version of this Licence 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.

1.13. "to Use" shall mean to utilise in any fashion that does not involve distribution as defined in Section 1.14. Within this Licence, Usage shall be deemed to include reproduction, modification, display, printing, and execution, but only to the extent that these activities do not involve Distribution. Usage does not include mere passive storage on a medium (as, for example, if Covered Code is included incidentally on a CD purchased for other software which it also contains). Other forms of this word shall assume corresponding meanings according to the usual grammatical rules of English.

1.14. "to Distribute" shall mean to transfer or permit the temporary or permanent transfer of the original and/or a modified version to another party, and shall specifically cover the act of placing a copy anywhere that another party might reasonably be expected to gain access, such as a bulletin board or a web or ftp site. Other forms of this word shall assume corresponding meanings according to the usual grammatical rules of English. Distribution includes but is not restricted to sales and loans.

1.15. "to Deploy" shall mean to use and/or to distribute. Other forms of this word shall assume corresponding meanings according to the usual grammatical rules of English.

1.16. "Associates" means any party in whose benefit one might be reasonably expected to have a greater interest than one would for other relevant parties. For individuals, "Associates" would normally include family members, friends, and legal entities in which one has an interest. For legal entities, "Associates" would normally include owners, employees, and other legal entities with substantial common ownership, providing always that one is aware of the Association.

1.17. "Obligation" means those requirements imposed by this document, including those for conformance with which the Contributors have promised not to take legal action.

1.18. "Gratitude Payment" means a payment to a Contributor or Contributors according to the Obligations that You accept by agreeing to this Licence.

1.19. "Commercial" activities shall include any of the following: any Deployment by an individual for a directly profit-generating activity; any sale, Distribution, or lending of the software for a charge other than a charge for recovery of the cost of the sale, distribution, or loan; any Usage by a commercial enterprise, a government department or agency, or a military or political organisation. Distribution in conjunction with distribution of other material commercially counts as commercial distribution even if no, or a reduced, charge is made for the software itself; and for the purposes of measuring payments due under this Licence, the charges levied for that other commercial material shall be deemed to have included a charge for the software as if the software had been included within the material for which a charge was levied. Activities necessary to provide a free public distribution and Usage for bona fide charitable purposes are excluded from the scope of this definition provided such activity is strictly separate from the commercial activities of Your organisation.

1.20. "Non-commercial" activities shall be any activities other than commercial activities.

1.21. "Commercial User" means any person or entity engaging in a Commercial Usage.

1.22. "Commercial Distributor" means any person or entity conducting a Commercial Distribution.

1.23. "Commercial Operator" means a Commercial User and/or a Commercial Distributor.

1.24. "Premium Code" means software derived from human-written program source including a reasonable amount of program commentary.

1.25. "Discount Code" means software derived from automatically-generated source, data, documentation, digitised photographs, artwork, etc.

1.26. "Authorised Version" means a version of this Licence issued with the approval of the author.

1.27. "Half of the Traceable Contributors" means a sufficient number of Contributors who can be contacted at either their email or postal address to account for half of the software written by such contributors.

1.28. "Price of Fully Costed Commercial Software" means the price charged for a commercial software package offered for sale at full commercial pricing, without discount for any loss-leading, promotional, market penetration, or other reason not connected directly with the bona fide marketing of the software concerned as a profit-making activity in its own right.

2. Source Code Licence.

On condition that You agree to comply with all conditions of this Licence including those in Section 2.2 and its Subsections that apply to You or to the activities You perform, each Contributor hereby grants You a world-wide, non-exclusive licence, subject to third party intellectual property claims:

(a) to use, sublicense and distribute the Original Code (or portions thereof) with or without 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 Modifications created by such Contributor (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Modifications created by such Contributor (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations.

(c) Notwithstanding Section 2.(b) above, no patent licence is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.

The licence You are granted may contain additional conditions applied by the Original Contributor of particular Source Code files, as described in Section 2.3.

Commercial Users may inspect a single copy of the software, generate a single printed copy, and/or generate enough temporary copies to permit short-term examination of the software in an editor or browser, and/or execute a single executable copy on a single computer for evaluation purposes only, all for a period not exceeding thirty days before becoming liable to the Commercial Usage fees specified in this Licence. Commercial Distribution is always subject to the royalties specified in this Licence.

Mere passive storage of Covered Code on a medium that is not publicly accessible (as, for example, if Covered Code is included on a CD obtained from another party, or if Covered Code is downloaded but subsequently neither Used nor Distributed in any way) is always permitted without any liability for Commercial fees so long as the Covered Code is neither Used not Distributed. Any other copying or execution without agreeing to accept the terms of this Licence is in violation of this Licence and infringes the copyright of the software

It is contrary to this Licence to Deploy the software for Commercial purposes under the terms and conditions for Non-commercial Deployment.

2.0.1 Indemnity by Contributors

The Original Contributor and all other Contributors individually but not collectively hereby indemnify Commercial Operators against any legal action by the Contributor to recover Payments that the Contributor believes are due as a consequence of deployment of the software under this Licence, provided that the Commercial Operator remains in compliance, or promptly corrects any inadvertant failures to comply, with all other terms of this Licence with the exception of payment. This indemnity is offered by each Contributor individually, and no Contributor shall be held liable for the actions of any other Contributor.

2.1. Assertions

2.1.1. All Licensees
If You Deploy or intend to Deploy the software for Commercial activities, You must consent to the proposition that this Licence imposes a legal obligation on Commercial Operators to follow the instructions in Schedule A applying to the making of Payments to the Contributors to the software.

2.1.2. Contributors
If You become a Contributor, You must concede to the other Contributors in their capacities as Contributors that sharing and giving is the primary motivation for Distributing software under this Licence, that any financial rewards that You might or might not reap are necessarily inexact and may even be grossly disproportionate to effort expended or usefulness of a Contribution, and that, beyond making a modest and superficial effort to ensure that the AUTHORS file bears some resemblance to reality, other Contributors are not obliged to take any further action to safeguard Your interests.

In so far as this Licence is designed to be applied to projects whose scope, functionality, and authorship might frequently change in an undisciplined manner, You must promise not to use the machinery of legal action or compulsion to recover any Payments that You believe are due to You in Your capacity as a Contributor; in particular You must comply with all offers made to Users and Distributors in this Licence, including the indemnity in section 2.0.1.

2.1.3. Commercial Operators
If You Use or Distribute the software commercially, You must agree that Your payment, method of payment, or failure to pay Payments as explained in Schedule A is a legitimate topic of public discussion, and deliberate failure to pay or deliberate delay in making Payments shall convict You of morally reprehensible behaviour and bad social conscience.

2.2. Additional Conditions

2.2.1. Commercial Operators
Commercial Distribution and/or Usage of the software is subject to fees and royalties to be evaluated as described in Schedule A. You must agree not to take legal action against any parties for any discussion of Your moral standards in fulfilling or failing to fulfil Your Obligations under this Licence, or for expressing any criticism or opinion of You in relation to this matter, provided said parties do not make dishonest factual claims about You.

2.2.2. Commercial Operators except individuals
Commercial deployment of the software, except for Use by individuals, is subject to the additional condition that, if You have the capability to make material available on the Internet, You make publicly available on the World Wide Web or another generally-accessible free public Internet service a description of how You calculated the monetary value of Your payment Obligations according to the instructions in Schedule A, along with a list of all Contributors whom You have paid in the previous twelve months and the amounts paid, except for those Contributors who have indicated in the AUTHORS file that they wish payments to them to remain private. If You or Your Associates are also Contributors, then You must reveal the amount You paid to Yourself or Your Associates and You must identify which Contributors are Your Associates.

2.2.3. All Users and Distributors
You must agree, whether or not You cancel Your licence, that the terms of this Licence may be quoted as a sufficient and complete defence against any legal action You may take contrary to Your undertakings under this Licence.

Further, You agree and promise that, in the event that You initiate legal action against any party for slander or libel in connection with any criticism of Your moral character as a result of Your behaviour in fulfilling or not fulfilling Your Obligations under this Licence, then if that legal action fails because You are deemed to have broken Your undertakings under this Licence, or if You withdraw Your action under circumstances where such an outcome might reasonably be foreseen, then You shall be liable to pay to the party against whom You took the legal action an amount equal to the sum of the amount for which You had sued them and all their legal costs, which shall be in addition to any amounts You owe under any legal judgment against You. This provision shall not apply if the other party sued You first over a matter immediately and directly connected with any reply You may have issued to an earlier criticism by them of You, provided You make Your reply in a medium or media of comparable cost and effectiveness to the media in which the criticism was made.

2.2.4. All Distributors
Distributions of collections of software packages that include IPL-licensed work must display a notice to that effect in a place at least as prominent as any notice for any other software licence other than a notice within an individual package. If no such notices are displayed outside the individual packages, then a notice must be displayed to the effect that individual packages may have licencing conditions that must be observed.

2.2.5. All Contributors
You must agree not to take legal action against any other Contributor in their capacity as Contributor for any action or inaction, inadvertent or deliberate, on the grounds that You believe they have harmed Your interests in the rewards of contributing to the software, with the exception that legal action is permitted against a Commercial Contributor who modifies the substance of or deletes Your entry in the AUTHORS file in such a way that the interests of the Commercial Contributor and/or their associates is furthered unfairly at Your expense. It shall be a complete and sufficient defence against such an action for a Commercial Contributor to demonstrate that their method of modifying the AUTHORS file is not overtly unfair and/or has the approval of at least Half of the Traceable Contributors not counting the Commercial Contributor and their Associates.

2.3. Modifications to Rights.

2.3.1. Libraries
The Original Contributor of a new work may describe that work as an "IPL Library" or as an "Unencumbered IPL Library". Alternatively, more than Half of the Traceable Contributors of the IPL code in a work may apply either term to an existing work if they believe that the work, although it may perform lots of tasks, performs no single coherent task, but instead consists of material useful in performing other tasks. Libraries are subject to Payments at the point at which they are linked with other material, but once combined with other material in such a way that their original identity as a separate work is no longer discernible and their capacity for use as a library (in the sense that it is understood in computer science) is lost, then they are not subject to Usage fees when the Combined Work is Used. If the Combined Work is an IPL work other than a Library, the Contributors of the library from which code is incorporated should be added to the AUTHORS file (described below) of the Combined Work.

If the word "Unencumbered" is omitted from the description of the work as an IPL Library, then a Combined Work must carry a notice to the effect that it contains IPL code and the appropriate conditions of this Licence for making available the Source of that library must be carried out by Distributors of the Combined Work. (This will be automatic if the Combined Work is itself issued under the IPL.)

2.3.2. Moral Rights
You must agree to respect the moral rights of the Contributors. In particular, the Original Contributor may attach to non-program portions of the software (such as documentation, pictures, etc., but not commentary within programs) a condition that it is 'protected against alteration'. If a section of the software contains this condition, then You may not edit that material except for reformatting and insertion of references to other material. Any additional material to which You insert references must be clearly identified as being written by other than the Original Contributor of the protected material.

3. Distribution Obligations.

3.1. Application of Licence.
The Modifications which You create or to which You contribute are governed by the terms of this Licence, including without limitation Section 2. The Source Code version of Covered Code may be distributed only under the terms of this Licence or a future version of this Licence released under Section 6.1, and You must include a copy of this Licence 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 Licence or the recipients' rights hereunder, except as specifically permitted by this Licence. However, You may include an additional document offering the additional rights described in Section 3.5 and/or specifying modifications to rights as described in Section 2.3.

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 Licence 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.
If You become a Contributor, You must ensure that there is an AUTHORS file satisfying the conditions in Schedule B. You may also describe Your Contribution in relevant affected files. The AUTHORS file must be kept up-to-date and must be included with (a) the Source Code, and (b) any software product supplied in an Executable version. You may not add a claim for Contributions to the AUTHORS file unless the Contribution is released under this Licence.

Whether or not an Executable version is distributed under this Licence, where software is supplied as an Executable version, related documentation must include a prominent statement that Source Code is entirely, or contains, as the case may be, Source subject to this Licence, and the AUTHORS file must be brought to the attention of the reader. Where the percentage of Source Code subject to this Licence is not 100%, the percentage must be stated. You may not use the size of standard system libraries (such as are commonly provided on systems of the kind for which the software is intended), or modifications thereof, or any other 'software bloat' factor introduced during the compilation process, to reduce the percentage of an executable which you acknowledge is derived from code subject to this Licence.

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 utilisation under this Licence), 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 a LEGAL file or in each file of the Source Code, and this Licence in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You add any Modifications that are not under this Licence, then You must ensure either that every file contains a statement whether or not it is covered by this Licence, or that the LEGAL file contains a list of names of files covered by each licence. If You created one or more Modification(s), You may add Your name as a Contributor in the AUTHORS file, as described in Schedule B. 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 any other 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 Original Contributor and every Contributor for any liability incurred by the Original Contributor or such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may add a notice of additional or waived rights, as described in Section 2.3.

3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Sections 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 Licence, 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 describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a licence of Your choice, which may contain terms different from this Licence, provided that You are in compliance with the terms of this Licence and that the licence for the Executable version does not attempt to limit or alter the recipient's rights or responsibilities in the Source Code version from the rights and responsibilities set forth in this Licence. In addition, Your licence must satisfy those applicable requirements stated in Section 2.1 and its subsections and Section 2.2 and its subsections. If You distribute the Executable version under a different licence You must make it absolutely clear that any terms which differ from this Licence are offered by You alone, not by the Original Contributor or any Contributor. You hereby agree to indemnify the Original Contributor and every Contributor for any liability incurred by the Original Contributor or such Contributor as a result of any such terms You offer.

Any licence for an Executable Version must include the conditions covering Obligation on Commercial Users of Your Executable Version to pay fees and royalties, as described in this Licence, unless the following conditions are met: a) You agree that You are a Commercial Distributor; b) Your licence for the Executable Version prevents redistribution by the recipient of the Executable Version; c) You make a charge at least one third the Price of Fully Costed Commercial Software of comparable functionality; and d) You include Your gross receipts according to that charge in Your calculations of Your royalty Obligations under this Licence. You may charge less than the amount described in (c) above if you calculate Your royalty Obligations described in (d) above as if You had charged an amount at least as great as that described in (c) above.

3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this Licence and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this Licence 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 Licence 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 Licence 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.

Your assent and legal ability to assent to those relevant claims in Section 2.1 and its subsections that apply to You or to the activities You wish to perform, and Your agreement and legal ability to agree to comply with all relevant conditions in Section 2.2 and its subsections are fundamental to this Licence. If You live in a jurisdiction where You cannot comply with these conditions, this Licence is not offered to You. All sublicences to the Covered Code which the recipient believes to be properly granted and which would be properly granted but for the operation of this clause as it affects You shall be deemed to be properly granted.

5. Application of this Licence.

This Licence applies to code to which the Original Contributor has attached the notice in Exhibit A, or has nominated in a LEGAL file as being subject to this Licence, and to related Covered Code.

6. Versions of the Licence.

6.1. New Versions.
The writer of this document may publish revised and/or new versions of the Licence from time to time. Each version will be given a distinguishing version number. Only the author of this document or any other party to whom the author transfers his right may issue a subsequent version of the Including Public Licence.

6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the Licence, 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 authorised version of the Including Public Licence. Once code has been relicenced under a later version of this Licence, a subsequent recipient of the relicenced code may not revert to an earlier licence.

6.3. Derivative Works.
If You create or use a modified version of this Licence (which You may only do in order to apply it to code which is not already Covered Code governed by this Licence), You must (a) rename Your licence so that the phrases ``IncludingPL'', ``Including Public Licence'', ``IPL'' or any confusingly similar phrase do not appear anywhere in Your licence (except to note that Your licence differs from this Licence) and (b) otherwise make it clear that Your version of the licence contains terms which differ from the Including Public Licence.

7. DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENCE 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 ORIGINAL CONTRIBUTOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENCE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

8.1. This Licence 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 sublicences to the Covered Code which are properly granted shall survive any termination of this Licence. Provisions which, by their nature, must remain in effect beyond the termination of this Licence shall survive.

8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:

(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this Licence shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, 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 Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.

(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.

8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by licence or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licences granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or licence.

8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user licence agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.

9. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE ORIGINAL CONTRIBUTOR, 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 Licence represents the complete agreement concerning subject matter hereof. If any provision of this Licence is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Licence shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. In the event of a dispute, the matter shall be argued in the least costly recognised and legally competent dispute-handling agency in the jurisdiction of the defendant, unless the defendant nominates some other jurisdiction no more inconvenient for the plaintiff or unless the plaintiff and defendant agree otherwise, and any dispute shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this Licence.

12. RESPONSIBILITY FOR CLAIMS.

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

EXHIBIT A.

``The contents of ______ are subject to the Including Public Licence Version 1.0 (the "Licence"); you may not use this material except in compliance with the Licence. You may obtain a copy of the Licence at http://www.sci.usq.edu.au/staff/house/ipl/ipl.htm

The Initial Developer of the Original Code is ________________________.
Portions of this Code are Copyright (C) _____________________________. All Rights Reserved.''

SCHEDULE A. FEES AND ROYALTIES

The fee for commercial Usage of the software is one third of the Price of Fully Costed Commercial Software of equivalent scope or functionality on the same number of computers. You may choose which commercial software You consider equivalent to the software supplied under this agreement, but Your choice must be stated in Your explanation of how You calculated fees owing. It is understood that other software might have been distributed for less than a full commercial rate of return if other benefits (such as market penetration or brand name recognition) accrued to the author, and this fact should be kept in mind when deciding on the true commercial value of this software.

The royalty for commercial Distribution of the software is ten percent of Your gross receipts multiplied by that proportion of Your product that consists of software licensed under the Including Public Licence. For example, if You sell product for $1000 and one quarter is IPL code, then the amount of Your Gratitude Payment is $100 x 0.25, which equals $25. In evaluating the portion of source code that consists of IPL code, You may use any measure You consider reasonable, provided You are ready to justify it. As a general guide, You may use lines of source code or numbers of characters, and You should divide the amount of Discount Code by a factor of ten relative to Premium Code. Where Your product includes software not written or compiled by You, You may use the proportions stated by the suppliers if this is available; You must obtain the source and calculate it Yourself if it is not. (But programs consisting entirely of IPL code will be easily calculated at 100%.) In computing the relative amounts of discount and premium code, You must do this accurately for Your own contributions but You may rely on superficial indicators such as filename extensions in evaluating contributions by others.

As a concession to commercial distributors of collections of software packages, proportions of IPL code evaluated by the bulk measure of simply adding the storage sizes of the packages weighted by the stated proportions of IPL code shall be deemed to be fairly computed, provided that all packages are uncompressed, or compressed by the same algorithm.

You are Obliged to make Payments whenever Your Obligation amounts to more than $50 or every six months, whichever occurs last, but Your Obligation accumulates indefinitely and adds up over all the IPL-licensed software You use. Payments to each individual Contributor should be no less than $50 less than their strict individual entitlement, provided that, if You or Your Associates are also Contributors, any amount You pay Yourself or Your Associates should be strictly no greater than the exact amount owing. Your total payments, as evaluated at least every six months, should be within $50 of the total amount owing.

You should make reasonable efforts to locate Contributors to whom You owe Payments, but if neither their stated email nor street addresses reach them and You have the latest version of the software, You should reallocate their entitlement to other Contributors. Once You have made a bona fide attempt to locate a Contributor and failed, You need make no further attempt unless a later email or street address comes to Your attention. Any payment that You have reallocated in the meantime and already paid out is lost to that Contributor and You need not make a duplicate payment, but You may, entirely at Your option, reallocate subsequent Obligations to make good the loss to the Contributor.

In the event that there is formed a single, non-profit organisation open to all Contributors of publicly-released bona fide IPL-licensed work and only to such Contributors for no more than a nominal membership fee, and if that organisation advertises a service to accept Payments and channel them to the appropriate Contributors, then sending payment to that organisation for the total amount owing, along with full details of the works for which payment is being made, shall be deemed to fulfil Your Obligation to make payments to the several Contributors of the IPL software You are using. Furthermore, if You do this, then You are relieved of obligation under this Licence to publish details of Your commercial deployment of IPL-licensed code. The benefits of this clause are withdrawn if You become aware of any significant controversy brought about by major IPL Contributors as to whether the said organisation is fairly representing IPL Contributors.

SCHEDULE B. THE AUTHORS FILE

The AUTHORS file included in an IPL software product shall contain the names of all Contributors who wish to have their contributions acknowledged. You may not delete this file. You may, however, modify the file as described below.

• If You wish Your contribution to the software to be acknowledged, You may add an entry to the AUTHORS file as follows: Your name, address, email address, number of lines of premium code, and number of lines of discount code written by You. You may omit any or all of the parts of Your entry, but if You omit all contact details, Commercial licensees are no longer under an obligation to pay You anything. If You don't want Commercial licensees to publish details of payments to You, put the letter 'P' in parentheses after Your name. (But remember, if everyone does this, we'll have no way to verify that Commercial licensees are keeping to their obligations, as no payments will be available for scrutiny.)
  
  
• If You wish to add an entry to the AUTHORS file describing Your own contribution to a pre-existing work and there is no existing AUTHORS file, You must count the premium and discount lines of code in the work as it was prior to Your modifications, and create a new AUTHORS file with an entry for "Previous authors" showing these figures. You may then add Your own entry.
  
  
• If the source is of such a nature that lines cannot be counted sensibly (for example, if the file is a graphic file), lines shall be deemed to occur every sixty bytes.
  
  
• If You redistribute software, You must ensure that the accuracy of information in the AUTHORS file does not suffer unnecessarily as a result of Your actions. Redistribution of software without modification and with the identical AUTHORS file as in the copy You received shall count as fulfilling this condition. If You modify the software by addition and/or minor modification, You may add a line to the AUTHORS file as described above but You may not alter other Contributors' entries. If You redistribute only part of the software, You may modify the sizes of the contributions claimed by the other Contributors so that the new total claimed contributions of the other Contributors is reduced to a value bearing the same proportion to the original total claimed contributions as the size of the part of the software You are redistributing bears to the size of the original version of the software. You may do this either by reducing the stated contributions of all Contributors proportionately or, in cases where You have reason to believe You know who contributed which portions, by reducing or deleting the contributions of specific Contributors. If possible You must do this individually for both the premium and the discount code entries. You are under no obligation to discover the real facts concerning the contributions of individual Contributors and may rely on claims in the software as You received it in determining Your actions. If You combine material from two or more different works under the IPL, You may scale the stated contributions in the various AUTHORS files if You believe that Contributors in the different projects have used differing ways to calculate their contributions, but You should not do this in order to unfairly advance the interests of Yourself or Your associates at the expense of other Contributors.
  
  
• If You redistribute a work or a section of a work, You may not delete Contributors' attributions within those parts of the work that You redistribute. For example, if a code file or part of a file has a comment listing its Contributors, then if You redistribute that file or part of that file, You must retain the comment (although You may add Your own name if You have added material to the relevant section). You must state clearly in Your documentation what proportion of Your product's premium and discount code consists of IPL code (calculated as explained below) and the relative proportions of the premium and discount code.
  
  
• A distributed work may contain Source, Executable, or both. If it contains only Source or Source plus Executable Code made from that Source, then the AUTHORS file should reflect the contributions to the Source only (that is, contributions should not be counted twice). If a distribution contains only Executable Code, then the AUTHORS file should reflect the contributions to the Source from which the Executable was made.

THE AUTHORS.WRK FILE

The file AUTHORS.WRK has no legal status under this Licence, but it is recommended that it be used as a central repository to contain more detailed information about contributions. You may add an entry covering Your own contributions as a Contributor, but should keep it brief. You should not alter other Contributors' entries in this file without justification, except for reformatting for clarity or appearance. It is recommended that cutting this file be left to the major contributors to any project.

End of Licence