AUSTRALIAN NATIONAL UNIVERSITY OPEN SOURCE LICENSE (ANUOS LICENSE)
VERSION 1.1
1. DEFINITIONS.
"Associated Documentation and Data Files" shall mean all files
distributed in conjunction with the Original Software which
are not computer program code.
"Commercial Use" shall mean distribution or otherwise making the
Covered Software available to a third party.
"Contributor" shall mean each entity that creates or contributes
to the creation of Modifications.
"Contributor Version" shall mean in case of any Contributor the
combination of the Original Software, prior Modifications used
by a Contributor, and the Modifications made by that particular
Contributor and in case of the Australian National University in
addition the Original Software in any form, including the form
as Executable.
"Covered Software" shall mean the Original Software and Associated
Documentation and Data Files or Modifications or the combination
of the Original Software and Associated Documentation and Data
Files, and Modifications, in each case including portions thereof.
"Electronic Distribution Mechanism" shall mean a mechanism generally
accepted in the software development community for the electronic
transfer of data.
"Executable" shall mean Covered Software in any form other than
Source Code.
"Initial Developer" shall mean the individual or entity identified
as the Initial Developer in the Source Code notice required by
Exhibit A.
"The Australian National University" shall mean the Australian
National University, ABN 52-234-063-906, a body corporate
pursuant to the Australian National University Act 1991 of
Canberra, in the Australian Capital Territory.
"Larger Work" shall mean a work, which combines Covered Software or
portions thereof with code not governed by the terms of this
License.
"License" shall mean this document.
"Licensable" shall mean 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 conveyed herein.
"Modifications" shall mean any addition to or deletion from the
substance or structure of either the Original Software, the
Associated Documentation and Data Files, or any previous
Modifications. When Covered Software is released as a series of
files, a Modification is:
a) Any addition to or deletion from the contents of a file
containing Original Software, Associated Documentation and
Data Files, or previous Modifications.
b) Any new file that contains any part of the Original Software,
Associated Documentation and Data Files, or previous
Modifications.
"Original Software" shall mean the Source Code of computer software
code which is described in the Source Code notice required by
Exhibit A as Original Software, and which, at the time of its
release under this License is not already Covered Software
governed by this License.
"Patent Claims" shall mean any patent claim(s), now owned or
hereafter acquired, including without limitation, method,
process, and apparatus claims, in any patent Licensable by
grantor.
"Source Code" shall mean the preferred form of the Covered Software
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
source code differential comparisons against either the Original
Software or another well known, available Covered Software 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.
"You" (or "Your") shall mean 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 an entity which
controls, is controlled by, or is under common control with You.
For the 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 more than fifty per cent (50%) of the outstanding
shares or beneficial ownership of such entity.
2. SOURCE CODE LICENSE.
2.1 The Australian National University Grant.
Subject to the terms of this License, the Australian National
University hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
a) under copyrights Licensable by the Australian National University
to use, reproduce, modify, display, perform, sublicense and
distribute the Original Software (or portions thereof) with or
without Modifications, and/or as part of a Larger Work;
b) and under Patents Claims infringed by the making, using or
selling of Original Software, to make, have made, use, practice,
sell, and offer for sale, and/or otherwise dispose of the
Original Software (or portions thereof).
c) The licenses granted in this Section 2.1(a) and (b) are effective
on the date the Australian National University first distributes
Original Software under the terms of this License.
d) Notwithstanding Section 2.1(b) above, no patent license is
granted:
1) for code that You delete from the Original Software;
2) separate from the Original Software; or
3) for infringements caused by: i) the modification of the
Original Software or ii) the combination of the Original
Software with other software or devices.
2.2 Contributor Grant.
Subject to the terms of this License and subject to third party
intellectual property claims, each Contributor hereby grants You a
world-wide, royalty-free, non-exclusive license:
a) under copyrights Licensable by Contributor, 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 Software and/or as part of a Larger Work; and
b) under Patent Claims necessarily infringed by the making, using,
or selling of Modifications made by that Contributor either alone
and/or in combination with its Contributor Version (or portions
of such combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of:
1) Modifications made by that Contributor (or portions thereof);
and
2) the combination of Modifications made by that Contributor with
its Contributor Version (or portions of such combination).
c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first makes Commercial Use of the Covered
Software.
d) Notwithstanding Section 2.2(b) above, no patent license 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 Software in the
absence of Modifications made by that Contributor.
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 Software 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.
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 Software to which You contribute to
contain a file documenting the changes You made to create that
Covered Software and the date of any change. You must include a
prominent statement that the Modification is derived, directly or
indirectly, from Original Software provided by the Australian
National University and including the name of the Australian
National University 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 Software.
3.4 Intellectual Property Matters
a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2,
Contributor 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 Contributor obtains such knowledge
after the Modification is made available as described in Section
3.2, Contributor shall promptly modify the LEGAL file in all
copies Contributor makes available thereafter and shall take
other steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who received
the Covered Software that new knowledge has been obtained.
b) Contributor APIs.
If Contributor's Modifications include an application programming
interface (API) and Contributor has knowledge of patent licenses
which are reasonably necessary to implement that API, Contributor
must also include this information in the LEGAL file.
c) Representations.
Contributor represents that, except as disclosed pursuant to
Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed by
this License.
3.5 Required Notices.
You must duplicate the notice in Exhibit A in each file of the
Source Code. 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)
where a user would be likely to look for such a notice. If You
created one or more Modification(s) You may add your name as a
Contributor to the notice described in Exhibit A. You must also
duplicate this License in any documentation for the Source Code
where You describe recipients' rights or ownership rights relating
to Covered Software. You may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations to one or
more recipients of Covered Software. However, You may do so only on
Your own behalf, and not on behalf of the Australian National
University or any Contributor. You must make it absolutely clear
that any such warranty, support, indemnity or liability obligation
is offered by You alone, and You hereby agree to indemnify the
Australian National University and every Contributor for any
liability incurred by the Australian National University 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 Software in Executable form only if the
requirements of Sections 3.1-3.5 have been met for that Covered
Software, and if You include a notice stating that the Source Code
version of the Covered Software 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 describe recipients' rights
relating to the Covered Software. You may distribute the Executable
version of Covered Software or ownership rights 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 Australian National University or
any Contributor. You hereby agree to indemnify the Australian
National University and every Contributor for any liability incurred
by the Australian National University 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 Software with
other software 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 Software.
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 Software due to
statute, judicial order, 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 Australian National
University has attached the notice in Exhibit A and to related
Covered Software.
6. VERSIONS OF THE LICENSE.
6.1 New Versions.
The Australian National University 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 Software 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 Software under
the terms of any subsequent version of the License published by the
Australian National University. No one other than the Australian
National University has the right to modify the terms applicable to
Covered Software created under this License.
7. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE 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 SOFTWARE
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 SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT THE AUSTRALIAN NATIONAL
UNIVERSITY, ITS LICENSORS OR AFFILIATES 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 SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1 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 Software 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.
8.2 If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) against the
Australian National University or a Contributor (the Australian
National University 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
License 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 license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
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 license.
8.4 In the event of termination under Sections 8.1 or 8.2 above, all
end user license 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 YOU, THE
AUSTRALIAN NATIONAL UNIVERSITY, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED SOFTWARE, 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 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, BUT MAY ALLOW
LIABILITY TO BE LIMITED; IN SUCH CASES, A PARTY'S, ITS EMPLOYEES',
LICENSORS' OR AFFILIATES' LIABILITY SHALL BE LIMITED TO
AUD$100. NOTHING CONTAINED IN THIS LICENSE SHALL PREJUDICE THE
STATUTORY RIGHTS OF ANY PARTY DEALING AS A CONSUMER.
10. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. All rights in the Covered Software not expressly
granted under this License are reserved. Nothing in this License
shall grant You any rights to use any of the trademarks of the
Australian National University or any of its Affiliates, even if any
of such trademarks are included in any part of Covered Software
and/or documentation to it. This License is governed by the laws of
the Australian Capital Territory excluding its conflict-of-law
provisions. All disputes or litigation arising from or relating to
this Agreement shall be subject to the jurisdiction of the Supreme
Court of the Australian Capital Territory. If any part of this
Agreement is found void and unenforceable, it will not affect the
validity of the balance of the Agreement, which shall remain valid
and enforceable according to its terms.
11. RESPONSIBILITY FOR CLAIMS.
As between the Australian National University and the Contributors,
each party is responsible for claims and damages arising, directly
or indirectly, out of its utilisation of rights under this License
and You agree to work with the Australian National University 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 this file are subject to the ANUOS License Version 1.1
(the "License"); you may not use this file except in compliance with
the 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. The Original Software is
______________________________________. The Initial Developers of the
Original Software are Dr Peter Christen (Department of Computer
Science, Australian National University) and Dr Tim Churches (Centre
for Epidemiology and Research, New South Wales Department of Health).
Copyright (C) 2002, 2003 the Australian National University and others.
All Rights Reserved.
Contributors:
_____________________________________________________________
APPENDIX 1. DIFFERENCES BETWEEN THE ANUOS LICENSE VERSION 1.0, THE
MOZILLA PUBLIC LICENSE VERSION 1.1 AND THE NOKIA OPEN
SOURCE LICENSE (NOKOS LICENSE) VERSION 1.0A
The ANUOS License Version 1.0 was derived from the Mozilla Public
License Version 1.1 using some of the changes to the Mozilla Public
License embodied in the Nokia Open Source License (NOKOS License)
Version 1.0a. The differences between the ANUOS License Version 1.0
(this document), the Mozilla Public License and the NOKOS License
are as follows:
i. The title of the license was changed to "Australian National
University Open Source License (ANUOS License) Version 1.0".
ii. Globally, all references to "Netscape Communications
Corporation", "Mozilla", "Nokia" and "Nokia Corporation" were
changed to "Australian National University".
iii. Globally, the words "means", "Covered Code" and "Covered
Software" as used in the Mozilla Public License were changed
to "shall mean", "Covered Code" and "Covered Software"
respectively, as used in the NOKOS License.
iv. In Section 1 (Definitions) and Exhibit A, a definition of "the
Australian National University" was added, a definition of
"Associated Documentation and Data Files" was added and the
definitions of "Covered Software", "Original Software" and
"Modifications" were expanded to include "Associated
Documentation and Data Files".
v. In Section 2, the term "intellectual property rights" used in
the Mozilla Public License was replaced by the term
"copyrights" as used in the NOKOS License.
vi. In Section 2.2 (Contributor Grant), the words "Subject to the
terms of this License" which appear in the NOKOS License were
added to the Mozilla Public License.
vii. The sentence "However, You may include an additional document
offering the additional rights described in Section 3.5."
which appears in the Mozilla Public License was omitted.
viii. Section 6.3 (Derivative Works) of the Mozilla Public License,
which permits modifications to the Mozilla Public License, was
omitted.
ix. In Section 9 (Limitation of Liability), a maximum liability of
AUD$100 was specified for those jurisdictions which do not
allow complete exclusion of liability but which do allow
limitation of liability. The sentence "NOTHING CONTAINED IN
THE LICENSE SHALL PREJUDICE THE STATUTORY RIGHTS OF ANY PARTY
DEALING AS A CONSUMER.", which appears in the NOKOS License
but not in the Mozilla Public License, was added.
x. Section 10 of the Mozilla Public License, which provides
additional conditions for United States Government End Users,
was omitted.
xi. The governing law and jurisdiction for the settlement of
disputes in Section 11 of the Mozilla Public License and
Section 10 of the NOKOS License was changed to the laws of the
Australian Capital Territory and the Supreme Court of the
Australian Capital Territory respectively. The exclusion of
the application of the United Nations Convention on Contracts
for the International Sale of Goods which appears in the
Mozilla Public License was omitted.
xii. Section 13 (Multiple-Licensed Code) of the Mozilla Public
License was omitted.
xiii. The provisions for alternative licensing arrangement for
contributed code which appear in Exhibit A of the Mozilla
Public License were omitted.
xiv. In Exhibit A the names of the Australian National University
staff members who developed the software are specified in the
identification of the Initial Developer.
APPENDIX 2. DIFFERENCES BETWEEN THE ANUOS LICENSE VERSION 1.1 AND THE
ANUOS LICENSE VERSION 1.0
The ANUOS License Version 1.1 was derived from the ANUOS License
Version 1.0. The differences between the ANUOS License Version 1.1
(this document) and the ANUOS License Version 1.0 are as follows:
i. In Exhibit A the names of the Australian National University
staff members who developed the software were updated to
reflect changes in the development team. Specifically, the
names of Drs Markus Hegland, Stephen Roberts and Ole Nielsen
(Mathematical Sciences Insitute, Australian National University)
were removed.
ii. In Exhibit A the copyright notice was update from "2002" to
"2002, 2003".
