From 8de4ed5d95376af72f29746dc8b1d44364fb6ea2 Mon Sep 17 00:00:00 2001
From: William Thomson <wltjr@gentoo.org>
Date: Wed, 16 Jan 2008 06:36:51 +0000
Subject: Added Initial Developers Public License (IDPL) for Firebird per bug
 #200276

---
 licenses/IDPL | 496 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
 1 file changed, 496 insertions(+)
 create mode 100644 licenses/IDPL

(limited to 'licenses/IDPL')

diff --git a/licenses/IDPL b/licenses/IDPL
new file mode 100644
index 000000000000..1bd557871f1b
--- /dev/null
+++ b/licenses/IDPL
@@ -0,0 +1,496 @@
+      Initial Developer's PUBLIC LICENSE
+               Version 1.0 
+
+   1. Definitions
+
+      1.0 "Commercial Use" means distribution or otherwise making the Covered 
+      Code available to a third party. 
+
+      1.1 ''Contributor'' means each entity that creates or contributes to the 
+      creation of Modifications. 
+
+      1.2 ''Contributor Version'' means the combination of the Original Code, prior 
+      Modifications used by a Contributor, and the Modifications made by that 
+      particular Contributor. 
+
+      1.3. ''Covered Code'' means the Original Code or Modifications or the 
+      combination of the Original Code and Modifications, in each case including 
+      portions thereof. 
+
+      1.4. ''Electronic Distribution Mechanism'' means a mechanism generally 
+      accepted in the software development community for the electronic transfer of 
+      data. 
+
+      1.5. ''Executable'' means Covered Code in any form other than Source Code. 
+
+      1.6. ''Initial Developer'' means the individual or entity identified as the Initial 
+      Developer in the Source Code notice required by Exhibit A. 
+
+      1.7. ''Larger Work'' means a work which combines Covered Code or portions 
+      thereof with code not governed by the terms of this License. 
+
+      1.8. ''License'' means this document. 
+
+         1.8.1. "Licensable" means having the right to grant, to the maximum 
+         extent possible, whether at the time of the initial grant or subsequently 
+         acquired, any and all of the rights conveyed herein.
+
+      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: 
+
+         Any addition to or deletion from the contents of a file containing Original 
+         Code or previous Modifications. 
+
+         Any new file that contains any part of the Original Code or previous 
+         Modifications. 
+
+      1.10. ''Original Code'' means Source Code of computer software code which 
+      is described in the Source Code notice required by Exhibit A as Original Code, 
+      and which, at the time of its release under this License is not already Covered 
+      Code governed by this License. 
+
+         1.10.1. "Patent Claims" means any patent claim(s), now owned or 
+         hereafter acquired, including without limitation, method, process, and 
+         apparatus claims, in any patent Licensable by grantor.
+
+      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 source code differential comparisons against either the 
+      Original Code or another well known, available Covered Code of the 
+      Contributor's choice. The Source Code can be in a compressed or archival 
+      form, provided the appropriate decompression or de-archiving software is 
+      widely available for no charge.
+
+      1.12. "You'' (or "Your") means an individual or a legal entity exercising rights 
+      under, and complying with all of the terms of, this License or a future version 
+      of this License issued under Section 6.1. For legal entities, "You'' includes any 
+      entity w hich 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 more than fifty percent (50%) of 
+      the outstanding shares or beneficial ownership of such entity. 
+
+
+   2. Source Code License.
+
+
+   2.1. The Initial Developer Grant. The Initial Developer hereby grants You a 
+   world-wide, royalty-free, non-exclusive license, subject to third party intellectual 
+   property claims: 
+
+      (a) under intellectual property rights (other than patent or trademark) 
+      Licensable by Initial Developer to use, reproduce, modify, display, perform, 
+      sublicense and distribute the Original Code (or portions thereof) with or without 
+      Modifications, and/or as part of a Larger Work; and 
+
+      (b) under Patents Claims infringed by the making, using or selling of Original 
+      Code, to make, have made, use, practice, sell, and offer for sale, and/or 
+      otherwise dispose of the Original Code (or portions thereof). 
+      (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date 
+      Initial Developer first distributes Original Code 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 Code; 
+
+         2) separate from the Original Code; or 
+
+         3) for infringements caused by: 
+
+            i) the modification of the Original Code or 
+
+            ii) the combination of the Original Code with other software or 
+            devices. 
+
+   2.2. Contributor Grant. Subject to third party intellectual property claims, each 
+   Contributor hereby grants You a world-wide, royalty-free, non-exclusive license 
+
+      (a) under intellectual property rights (other than patent or trademark) 
+      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 Code and/or as part of a Larger Work; and 
+
+      (b) under Patent Claims 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 Code. 
+
+      (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 Code 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 Code may be 
+      distributed only under the terms of this License or a future version of this 
+      License released under Section 6.1, and You must include a copy of this 
+      License with every copy of the Source Code You distribute. You may not offer 
+      or impose any terms on any Source Code version that alters or restricts the 
+      applicable version of this License or the recipients' rights hereunder. However, 
+      You may include an additional document offering the additional rights described 
+      in Section 3.5. 
+
+
+      3.2. Availability of Source Code. Any Modification which You create or to 
+      which You contribute must be made available in Source Code form under the 
+      terms of this License either on the same media as an Executable version or via 
+      an accepted Electronic Distribution Mechanism to anyone to whom you made 
+      an Executable version available; and if made available via Electronic Distribution 
+      Mechanism, must remain available for at least twelve (12) months after the 
+      date it initially became available, or at least six (6) months after a subsequent 
+      version of that particular Modification has been made available to such 
+      recipients. You are responsible for ensuring that the Source Code version 
+      remains available even if the Electronic Distribution Mechanism is maintained by 
+      a third party. 
+
+
+      3.3. Description of Modifications. You must cause all Covered Code to 
+      which You contribute to contain a file documenting the changes You made to 
+      create that Covered Code and the date of any change. You must include a 
+      prominent statement that the Modification is derived, directly or indirectly, from 
+      Original Code provided by the Initial Developer and including the name of the 
+      Initial Developer in 
+
+         (a) the Source Code, and
+
+         (b) in any notice in an Executable version or related documentation in 
+         which You describe the origin or ownership of the Covered Code.
+
+
+      3.4. Intellectual Property Matters
+
+         a) Third Party Claims. If 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 Code that new knowledge has been obtained. 
+
+         (b) Contributor APIs. If Contributor's Modifications include an application 
+         programming interface 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 Code. You may 
+      choose to offer, and to charge a fee for, warranty, support, indemnity or 
+      liability obligations to one or more recipients of Covered Code. However, You 
+      may do so only on Your own behalf, and not on behalf of the Initial Developer 
+      or any Contributor. You must make it absolutely clear than any such warranty, 
+      support, indemnity or liability obligation is offered by You alone, and You 
+      hereby agree to indemnify the Initial Developer and every Contributor for any 
+      liability incurred by the Initial Developer or such Contributor as a result of 
+      warranty, support, indemnity or liability terms You offer. 
+
+
+      3.6. Distribution of Executable Versions. You may distribute Covered 
+      Code in Executable form only if the requirements of Section 3.1-3.5 have been 
+      met for that Covered Code, and if You include a notice stating that the Source 
+      Code version of the Covered Code is available under the terms of this License, 
+      including a description of how and where You have fulfilled the obligations of 
+      Section 3.2. The notice must be conspicuously included in any notice in an 
+      Executable version, related documentation or collateral in which You describe 
+      recipients' rights relating to the Covered Code. You may distribute the 
+      Executable version of Covered Code 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 hat the license 
+      for the Executable version does not attempt to limit or alter the recipient's rights 
+      in the Source Code version from the rights set forth in this License. If You 
+      distribute the Executable version under a different license You must make it 
+      absolutely clear that any terms which differ from this License are offered by 
+      You alone, not by the Initial Developer or any Contributor. You hereby agree to 
+      indemnify the Initial Developer and every Contributor for any liability incurred by 
+      the Initial Developer or such Contributor as a result of any such terms You 
+      offer. 
+
+
+      3.7. Larger Works. You may create a Larger Work by combining Covered 
+      Code with other code not governed by the terms of this License and distribute 
+      the Larger Work as a single product. In such a case, You must make sure the 
+      requirements of this License are fulfilled for the Covered Code. 
+
+
+   4. Inability to Comply Due to Statute or Regulation.
+
+    
+
+   If it is impossible for You to comply with any of the terms of this License with respect 
+   to some or all of the Covered Code due to statute, 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 Initial Developer has attached the notice in 
+   Exhibit A and to related Covered Code. 
+
+
+   6. Versions of the License.
+
+
+      6.1. New Versions. The Initial Developer of this code may publish revised 
+      and/or new versions of the License from time to time. Each version will be 
+      given a distinguishing version number. 
+
+
+      6.2. Effect of New Versions. Once Covered Code has been published under 
+      a particular version of the License, You may always continue to use it under 
+      the terms of that version. You may also choose to use such Covered Code 
+      under the terms of any subsequent version of the License published by the 
+      Initial Developer. No one other than the Initial Developer has the right to modify 
+      the terms applicable to Covered Code created under this License.
+
+
+      6.3. Derivative Works. If You create or use a modified version of this License 
+      (which you may only do in order to apply it to code which is not already 
+      Covered Code governed by this License), You must 
+
+         (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'', 
+         ''MOZPL'', ''Netscape'', "MPL", ''NPL", or any confusingly similar phrases 
+         do not appear in your license (except to note that your license differs 
+         from this License) and 
+
+         (b) otherwise make it clear that Your version of the license contains 
+         terms which differ from the Mozilla Public License and Netscape Public 
+         License. (Filling in the name of the Initial Developer, Original Code or 
+         Contributor in the notice described in Exhibit A shall not of themselves 
+         be deemed to be modifications of this License.) 
+
+
+      6.4 Origin of the Initial Developer's Public License. The Initial Developer's 
+      Public License is based on the Mozilla Public License V 1.1 with the following 
+      changes: 
+
+         1) The license is published by the Initial Developer of this code. Only the 
+         Initial Developer can modify the terms applicable to Covered Code. 
+
+         2) The license can be modified and used for code which is not already 
+         governed by this license. Modified versions of the license must be 
+         renamed to avoid confusion with Netscape's license Initial Developer's's 
+         license and must include a description of changes from the Initial 
+         Developer's Public License. 
+
+         3) The name of the license in Exhibit A is the "Initial Developer's Public 
+         License".
+
+         4) The reference to an alternative license in Exhibit A has been removed
+
+         . 
+         5) Amendments I, II, III, V, and VI have been deleted.
+
+         6) Exhibit A, Netscape Public License has been deleted
+
+
+   7. DISCLAIMER OF WARRANTY.
+
+    
+
+   COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT 
+   WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT 
+   LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, 
+   MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE 
+   ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS 
+   WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, 
+   YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE 
+   COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER 
+   OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 
+   ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 
+   DISCLAIMER. 
+
+
+   8. TERMINATION.
+
+    
+      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 Code 
+      which are properly granted shall survive any termination of this License. 
+      Provisions which, by their nature, must remain in effect beyond the termination 
+      of this License shall survive. 
+
+      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 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 INITIAL 
+   DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED 
+   CODE, 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, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 
+
+
+   10. U.S. GOVERNMENT END USERS.
+
+
+   The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 
+   (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer 
+   software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). 
+   Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 
+   1995), all U.S. Government End Users acquire Covered Code with only those rights 
+   set forth herein. 
+
+
+   11. MISCELLANEOUS.
+
+
+   This License represents the complete agreement concerning subject matter hereof. If 
+   any provision of this License is held to be unenforceable, such provision shall be 
+   reformed only to the extent necessary to make it enforceable. This License shall be 
+   governed by California law provisions (except to the extent applicable law, if any, 
+   provides otherwise), excluding its conflict-of-law provisions. With respect to disputes 
+   in which at least one party is a citizen of, or an entity chartered or registered to do 
+   business in the United States of America, any litigation relating to this License shall be 
+   subject to the jurisdiction of the Federal Courts of the Northern District of California, 
+   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. Any law or regulation which 
+   provides that the language of a contract shall be construed against the drafter shall 
+   not apply to this License. 
+
+
+   12. RESPONSIBILITY FOR CLAIMS.
+
+
+   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 
+   License 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. 
+
+
+   13. MULTIPLE-LICENSED CODE.
+
+
+   Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". 
+   "Multiple-Licensed" means that the Initial Devpoeloper permits you to utilize portions of 
+   the Covered Code under Your choice of the IDPL or the alternative licenses, if any, 
+   specified by the Initial Developer in the file described in Exhibit A. 
+
+   EXHIBIT A -Initial Developer's Public License.
+
+   The contents of this file are subject to the Initial Developer's Public License Version 1.0 
+   (the "License"); you may not use this file except in compliance with the License. You 
+   may obtain a copy of the License at http://www.ibphoenix.com/idpl.html 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 Code is ______________________________________. 
+
+   The Initial Developer of the Original Code is ________________________.
+
+   Portions created by ______________________ are Copyright (C) ______ 
+   _______________________.
+
+   All Rights Reserved.
+
+   Contributor(s): ______________________________________. 
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