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BitTorrent Open Source License
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Version 1.0
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This BitTorrent Open Source License (the "License") applies to the BitTorrent
client and related software products as well as any updates or maintenance
releases of that software ("BitTorrent Products") that are distributed by
BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to
this License is a Licensed Product. Licensed Product, in its entirety, is
protected by U.S. copyright law. This License identifies the terms under which
you may use, copy, distribute or modify Licensed Product.
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Preamble
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This Preamble is intended to describe, in plain English, the nature and scope
of this License. However, this Preamble is not a part of this license. The
legal effect of this License is dependent only upon the terms of the License
and not this Preamble.
This License complies with the Open Source Definition and is derived from
the Jabber Open Source License 1.0 (the "JOSL"), which has been approved by
Open Source Initiative. Sections 4(c) and 4(f)(iii) from the JOSL have been
dropped.
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This License provides that:
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1. You may use, sell or give away the Licensed Product, alone or as a component
of an aggregate software distribution containing programs from several different
sources. No royalty or other fee is required.
2. Both Source Code and executable versions of the Licensed Product, including
Modifications made by previous Contributors, are available for your use. (The
terms "Licensed Product," "Modifications," "Contributors" and "Source Code"
are defined in the License.)
3. You are allowed to make Modifications to the Licensed Product, and you
can create Derivative Works from it. (The term "Derivative Works" is defined
in the License.)
4. By accepting the Licensed Product under the provisions of this License,
you agree that any Modifications you make to the Licensed Product and then
distribute are governed by the provisions of this License. In particular,
you must make the Source Code of your Modifications available to others.
5. You may use the Licensed Product for any purpose, but the Licensor is not
providing you any warranty whatsoever, nor is the Licensor accepting any liability
in the event that the Licensed Product doesn't work properly or causes you
any injury or damages.
6. If you sublicense the Licensed Product or Derivative Works, you may charge
fees for warranty or support, or for accepting indemnity or liability obligations
to your customers. You cannot charge for the Source Code.
7. If you assert any patent claims against the Licensor relating to the Licensed
Product, or if you breach any terms of the License, your rights to the Licensed
Product under this License automatically terminate.
You may use this License to distribute your own Derivative Works, in which
case the provisions of this License will apply to your Derivative Works just
as they do to the original Licensed Product.
Alternatively, you may distribute your Derivative Works under any other OSI-approved
Open Source license, or under a proprietary license of your choice. If you
use any license other than this License, however, you must continue to fulfill
the requirements of this License (including the provisions relating to publishing
the Source Code) for those portions of your Derivative Works that consist
of the Licensed Product, including the files containing Modifications.
New versions of this License may be published from time to time. You may choose
to continue to use the license terms in this version of the License or those
from the new version. However, only the Licensor has the right to change the
License terms as they apply to the Licensed Product.
This License relies on precise definitions for certain terms. Those terms
are defined when they are first used, and the definitions are repeated for
your convenience in a Glossary at the end of the License.
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License Terms
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1. Grant of License From Licensor. Licensor hereby grants you a world-wide,
royalty-free, non-exclusive license, subject to third party intellectual property
claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any
Modifications created by such Contributor or portions thereof, in both Source
Code or as an executable program, either on an unmodified basis or as part
of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor,
to make, use, sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof, but solely to the extent that any such
claim is necessary to enable you to make, use, sell, offer for sale, have
made, and/or otherwise dispose of Modifications or portions thereof or Derivative
Works thereof.
2. Grant of License to Modifications From Contributor. "Modifications" means
any additions to or deletions from the substance or structure of (i) a file
containing Licensed Product, or (ii) any new file that contains any part of
Licensed Product. Hereinafter in this License, the term "Licensed Product"
shall include all previous Modifications that you receive from any Contributor.
By application of the provisions in Section 4(a) below, each person or entity
who created or contributed to the creation of, and distributed, a Modification
(a "Contributor") hereby grants you a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims, to do the following:
a. Use, reproduce, modify, display, perform, sublicense and distribute any
Modifications created by such Contributor or portions thereof, in both Source
Code or as an executable program, either on an unmodified basis or as part
of Derivative Works.
b. Under claims of patents now or hereafter owned or controlled by Contributor,
to make, use, sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof, but solely to the extent that any such
claim is necessary to enable you to make, use, sell, offer for sale, have
made, and/or otherwise dispose of Modifications or portions thereof or Derivative
Works thereof.
3. Exclusions From License Grant. Nothing in this License shall be deemed
to grant any rights to trademarks, copyrights, patents, trade secrets or any
other intellectual property of Licensor or any Contributor except as expressly
stated herein. No patent license is granted separate from the Licensed Product,
for code that you delete from the Licensed Product, or for combinations of
the Licensed Product with other software or hardware. No right is granted
to the trademarks of Licensor or any Contributor even if such marks are included
in the Licensed Product. Nothing in this License shall be interpreted to prohibit
Licensor from licensing under different terms from this License any code that
Licensor otherwise would have a right to license.
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4. Your Obligations Regarding Distribution.
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a. Application of This License to Your Modifications. As an express condition
for your use of the Licensed Product, you hereby agree that any Modifications
that you create or to which you contribute, and which you distribute, are
governed by the terms of this License including, without limitation, Section
2. Any Modifications that you create or to which you contribute may be distributed
only under the terms of this License or a future version of this License released
under Section 7. You must include a copy of this License with every copy of
the Modifications you distribute. You agree not to offer or impose any terms
on any Source Code or executable version of the Licensed Product or Modifications
that alter or restrict the applicable version of this License or the recipients'
rights hereunder. However, you may include an additional document offering
the additional rights described in Section 4(d).
b. Availability of Source Code. You must make available, under the terms of
this License, the Source Code of the Licensed Product and any Modifications
that you distribute, either on the same media as you distribute any executable
or other form of the Licensed Product, or via a mechanism generally accepted
in the software development community for the electronic transfer of data
(an "Electronic Distribution Mechanism"). The Source Code for any version
of Licensed Product or Modifications that you distribute must remain available
for at least twelve (12) months after the date it initially became available,
or at least six (6) months after a subsequent version of said Licensed Product
or Modifications has been made available. You are responsible for ensuring
that the Source Code version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
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c. Intellectual Property Matters.
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i. Third Party Claims. If you have knowledge that a license to a third party's
intellectual property right is required to exercise the rights granted by
this License, you must include a text file with the Source Code distribution
titled "LEGAL" that describes the claim and the party making the claim in
sufficient detail that a recipient will know whom to contact. If you obtain
such knowledge after you make any Modifications available as described in
Section 4(b), you shall promptly modify the LEGAL file in all copies you make
available thereafter and shall take other steps (such as notifying appropriate
mailing lists or newsgroups) reasonably calculated to inform those who received
the Licensed Product from you that new knowledge has been obtained.
ii. Contributor APIs. If your Modifications include an application programming
interface ("API") and you have knowledge of patent licenses that are reasonably
necessary to implement that API, you must also include this information in
the LEGAL file.
iii. Representations. You represent that, except as disclosed pursuant to
4(c)(i) above, you believe that any Modifications you distribute are your
original creations and that you have sufficient rights to grant the rights
conveyed by this License.
d. Required Notices. You must duplicate this License in any documentation
you provide along with the Source Code of any Modifications you create or
to which you contribute, and which you distribute, wherever you describe recipients'
rights relating to Licensed Product. You must duplicate the notice contained
in Exhibit A (the "Notice") in each file of the Source Code of any copy you
distribute of the Licensed Product. If you created a Modification, you may
add your name as a Contributor to the Notice. If it is not possible to put
the Notice in a particular Source Code file due to its structure, then you
must include such Notice in a location (such as a relevant directory file)
where a user would be likely to look for such a notice. You may choose to
offer, and charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Licensed Product. However, you may do so only
on your own behalf, and not on behalf of the Licensor or any Contributor.
You must make it clear that any such warranty, support, indemnity or liability
obligation is offered by you alone, and you hereby agree to indemnify the
Licensor and every Contributor for any liability incurred by the Licensor
or such Contributor as a result of warranty, support, indemnity or liability
terms you offer.
e. Distribution of Executable Versions. You may distribute Licensed Product
as an executable program under a license of your choice that may contain terms
different from this License provided (i) you have satisfied the requirements
of Sections 4(a) through 4(d) for that distribution, (ii) you include a conspicuous
notice in the executable version, related documentation and collateral materials
stating that the Source Code version of the Licensed Product is available
under the terms of this License, including a description of how and where
you have fulfilled the obligations of Section 4(b), and (iii) you make it
clear that any terms that differ from this License are offered by you alone,
not by Licensor or any Contributor. You hereby agree to indemnify the Licensor
and every Contributor for any liability incurred by Licensor or such Contributor
as a result of any terms you offer.
f. Distribution of Derivative Works. You may create Derivative Works (e.g.,
combinations of some or all of the Licensed Product with other code) and distribute
the Derivative Works as products under any other license you select, with
the proviso that the requirements of this License are fulfilled for those
portions of the Derivative Works that consist of the Licensed Product or any
Modifications thereto.
5. Inability to Comply Due to Statute or Regulation. If it is impossible for
you to comply with any of the terms of this License with respect to some or
all of the Licensed Product due to statute, judicial order, or regulation,
then you must (i) comply with the terms of this License to the maximum extent
possible, (ii) cite the statute or regulation that prohibits you from adhering
to the License, and (iii) describe the limitations and the code they affect.
Such description must be included in the LEGAL file described in Section 4(d),
and must be included with all distributions of the Source Code. Except to
the extent prohibited by statute or regulation, such description must be sufficiently
detailed for a recipient of ordinary skill at computer programming to be able
to understand it.
6. Application of This License. This License applies to code to which Licensor
or Contributor has attached the Notice in Exhibit A, which is incorporated
herein by this reference.
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7. Versions of This License.
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a. New Versions. Licensor may publish from time to time revised and/or new
versions of the License.
b. Effect of New Versions. Once Licensed Product has been published under
a particular version of the License, you may always continue to use it under
the terms of that version. You may also choose to use such Licensed Product
under the terms of any subsequent version of the License published by Licensor.
No one other than Licensor has the right to modify the terms applicable to
Licensed Product created under this License.
c. Derivative Works of this License. If you create or use a modified version
of this License, which you may do only in order to apply it to software that
is not already a Licensed Product under this License, you must rename your
license so that it is not confusingly similar to this License, and must make
it clear that your license contains terms that differ from this License. In
so naming your license, you may not use any trademark of Licensor or any Contributor.
8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE
ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE
OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT
IS WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND
NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
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9. Termination.
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a. Automatic Termination Upon Breach. This license and the rights granted
hereunder will terminate automatically if you fail to comply with the terms
herein and fail to cure such breach within thirty (30) days of becoming aware
of the breach. All sublicenses to the Licensed Product that are properly granted
shall survive any termination of this license. Provisions that, by their nature,
must remain in effect beyond the termination of this License, shall survive.
b. Termination Upon Assertion of Patent Infringement. If you initiate litigation
by asserting a patent infringement claim (excluding declaratory judgment actions)
against Licensor or a Contributor (Licensor or Contributor against whom you
file such an action is referred to herein as Respondent) alleging that Licensed
Product directly or indirectly infringes any patent, then any and all rights
granted by such Respondent to you under Sections 1 or 2 of this License shall
terminate prospectively upon sixty (60) days notice from Respondent (the "Notice
Period") unless within that Notice Period you either agree in writing (i)
to pay Respondent a mutually agreeable reasonably royalty for your past or
future use of Licensed Product made by such Respondent, or (ii) withdraw your
litigation claim with respect to Licensed Product against such Respondent.
If within said Notice Period a reasonable royalty and payment arrangement
are not mutually agreed upon in writing by the parties or the litigation claim
is not withdrawn, the rights granted by Licensor to you under Sections 1 and
2 automatically terminate at the expiration of said Notice Period.
c. Reasonable Value of This License. If you assert a patent infringement claim
against Respondent alleging that Licensed Product directly or indirectly infringes
any patent where such claim is resolved (such as by license or settlement)
prior to the initiation of patent infringement litigation, then the reasonable
value of the licenses granted by said Respondent under Sections 1 and 2 shall
be taken into account in determining the amount or value of any payment or
license.
d. No Retroactive Effect of Termination. In the event of termination under
Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses
to distributors and resellers) that have been validly granted by you or any
distributor hereunder prior to termination shall survive termination.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR,
ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS
SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
NOT APPLY TO YOU.
11. Responsibility for Claims. As between Licensor and Contributors, each
party is responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License. You agree to work with
Licensor and Contributors to distribute such responsibility on an equitable
basis. Nothing herein is intended or
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shall be deemed to constitute any admission of liability.
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12. U.S. Government End Users. The Licensed Product is a commercial item,
as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial
computer software and commercial computer software documentation, as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Licensed Product with only those rights set forth herein.
13. Miscellaneous. This License represents the complete agreement concerning
the subject matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent necessary
to make it enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. You expressly agree that any litigation relating
to this license shall be subject to the jurisdiction of the Federal Courts
of the Northern District of California or the Superior Court of the County
of Santa Clara, California (as appropriate), with venue lying in Santa Clara
County, California, with the losing party responsible for costs including,
without limitation, court costs and reasonable attorneys fees and expenses.
The application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. You and Licensor expressly waive any
rights to a jury trial in any litigation concerning Licensed Product or this
License. Any law or regulation that provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
14. Definition of You in This License. You throughout this License, whether
in upper or lower case, means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version
of this License issued under Section 7. For legal entities, you includes any
entity that controls, is controlled by, or is under common control with you.
For purposes of this definition, control means (i) the power, direct or indirect,
to cause the direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding
shares, or (iii) beneficial ownership of such entity.
15. Glossary. All defined terms in this License that are used in more than
one Section of this License are repeated here, in alphabetical order, for
the convenience of the reader. The Section of this License in which each defined
term is first used is shown in parentheses.
Contributor: Each person or entity who created or contributed to the creation
of, and distributed, a Modification. (See Section 2)
Derivative Works: That term as used in this License is defined under U.S.
copyright law. (See Section 1(b))
License: This BitTorrent Open Source License. (See first paragraph of License)
Licensed Product: Any BitTorrent Product licensed pursuant to this License.
The term "Licensed Product" includes all previous Modifications from any Contributor
that you receive. (See first paragraph of License and Section 2)
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Licensor: BitTorrent, Inc. (See first paragraph of License)
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Modifications: Any additions to or deletions from the substance or structure
of (i) a file containing Licensed Product, or (ii) any new file that contains
any part of Licensed Product. (See Section 2)
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Notice: The notice contained in Exhibit A. (See Section 4(e))
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Source Code: The preferred form for making modifications to the Licensed Product,
including all modules contained therein, plus any associated interface definition
files, scripts used to control compilation and installation of an executable
program, or a list of differential comparisons against the Source Code of
the Licensed Product. (See
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Section 1(a))
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You: This term is defined in Section 14 of this License. EXHIBIT A
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The Notice below must appear in each file of the Source Code of any copy you
distribute of the Licensed Product or any hereto. Contributors to any Modifications
may add their own copyright notices to identify their own contributions.
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License:
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The contents of this file are subject to the BitTorrent Open Source License
Version 1.0 (the License). You may not copy or use this file, in either source
code or executable form, except in compliance with the License. You may obtain
a copy of the License at http://www.bittorrent.com/license/.
Software distributed under the License is distributed on an AS IS basis, WITHOUT
WARRANTY OF ANY KIND, either express or implied. See the License for the specific
language governing rights and limitations under the License.
