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comparison Xcode-iPhoneOS/Demos/data/bitmapfont/license.txt @ 3277:20326ba2bda2

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This name inconsistency has been bugging me for a while...
author Sam Lantinga <slouken@libsdl.org>
date Sat, 19 Sep 2009 07:32:36 +0000
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3276:720d176be107 3277:20326ba2bda2
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9 ----------------------------------------------------------------------
10 Product : font-pack.zip
11 Website : http://www.spicypixel.net
12 Author : Marc Russell
13 Released: 16th January 2008
14 ----------------------------------------------------------------------
15
16 What is this?
17 -------------
18 font-pack is a package of free art assets to be used under the terms of this document. It is available to game developers and hobbyists alike.
19
20 Contents
21 --------
22 The contents of the font-pack ZIP file include 20 bitmap fonts
23
24 Usage License & Restrictions
25 ----------------------------
26 font-pack is distributed under the "Common Public License Version 1.0."
27 The terms of which are given below. If you do not understand the terms of the license please refer to a solicitor. It should however, be relatively clear how this package can be used.
28
29 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
30 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
31 THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
32
33 1. DEFINITIONS
34
35 "Contribution" means:
36
37 a) in the case of the initial Contributor, the initial code and
38 documentation distributed under this Agreement, and
39
40 b) in the case of each subsequent Contributor:
41
42 i) changes to the Program, and
43
44 ii) additions to the Program;
45
46 where such changes and/or additions to the Program originate from
47 and are distributed by that particular Contributor. A Contribution
48 'originates' from a Contributor if it was added to the Program by
49 such Contributor itself or anyone acting on such Contributor's
50 behalf. Contributions do not include additions to the Program which:
51 (i) are separate modules of software distributed in conjunction with
52 the Program under their own license agreement, and (ii) are not
53 derivative works of the Program.
54
55 "Contributor" means any person or entity that distributes the Program.
56
57 "Licensed Patents " mean patent claims licensable by a Contributor which
58 are necessarily infringed by the use or sale of its Contribution alone
59 or when combined with the Program.
60
61 "Program" means the Contributions distributed in accordance with this
62 Agreement.
63
64 "Recipient" means anyone who receives the Program under this Agreement,
65 including all Contributors.
66
67 2. GRANT OF RIGHTS
68
69 a) Subject to the terms of this Agreement, each Contributor hereby
70 grants Recipient a non-exclusive, worldwide, royalty-free copyright
71 license to reproduce, prepare derivative works of, publicly display,
72 publicly perform, distribute and sublicense the Contribution of such
73 Contributor, if any, and such derivative works, in source code and
74 object code form.
75
76 b) Subject to the terms of this Agreement, each Contributor hereby
77 grants Recipient a non-exclusive, worldwide, royalty-free patent
78 license under Licensed Patents to make, use, sell, offer to sell,
79 import and otherwise transfer the Contribution of such Contributor,
80 if any, in source code and object code form. This patent license
81 shall apply to the combination of the Contribution and the Program
82 if, at the time the Contribution is added by the Contributor, such
83 addition of the Contribution causes such combination to be covered
84 by the Licensed Patents. The patent license shall not apply to any
85 other combinations which include the Contribution. No hardware per
86 se is licensed hereunder.
87
88 c) Recipient understands that although each Contributor grants the
89 licenses to its Contributions set forth herein, no assurances are
90 provided by any Contributor that the Program does not infringe the
91 patent or other intellectual property rights of any other entity.
92 Each Contributor disclaims any liability to Recipient for claims
93 brought by any other entity based on infringement of intellectual
94 property rights or otherwise. As a condition to exercising the
95 rights and licenses granted hereunder, each Recipient hereby assumes
96 sole responsibility to secure any other intellectual property rights
97 needed, if any. For example, if a third party patent license is
98 required to allow Recipient to distribute the Program, it is
99 Recipient's responsibility to acquire that license before
100 distributing the Program.
101
102 d) Each Contributor represents that to its knowledge it has
103 sufficient copyright rights in its Contribution, if any, to grant
104 the copyright license set forth in this Agreement.
105
106 3. REQUIREMENTS
107
108 A Contributor may choose to distribute the Program in object code form
109 under its own license agreement, provided that:
110
111 a) it complies with the terms and conditions of this Agreement; and
112
113 b) its license agreement:
114
115 i) effectively disclaims on behalf of all Contributors all
116 warranties and conditions, express and implied, including warranties
117 or conditions of title and non-infringement, and implied warranties
118 or conditions of merchantability and fitness for a particular
119 purpose;
120
121 ii) effectively excludes on behalf of all Contributors all liability
122 for damages, including direct, indirect, special, incidental and
123 consequential damages, such as lost profits;
124
125 iii) states that any provisions which differ from this Agreement are
126 offered by that Contributor alone and not by any other party; and
127
128 iv) states that source code for the Program is available from such
129 Contributor, and informs licensees how to obtain it in a reasonable
130 manner on or through a medium customarily used for software
131 exchange.
132
133 When the Program is made available in source code form:
134
135 a) it must be made available under this Agreement; and
136
137 b) a copy of this Agreement must be included with each copy of the
138 Program.
139
140 Contributors may not remove or alter any copyright notices contained
141 within the Program.
142
143 Each Contributor must identify itself as the originator of its
144 Contribution, if any, in a manner that reasonably allows subsequent
145 Recipients to identify the originator of the Contribution.
146
147 4. COMMERCIAL DISTRIBUTION
148
149 Commercial distributors of software may accept certain responsibilities
150 with respect to end users, business partners and the like. While this
151 license is intended to facilitate the commercial use of the Program, the
152 Contributor who includes the Program in a commercial product offering
153 should do so in a manner which does not create potential liability for
154 other Contributors. Therefore, if a Contributor includes the Program in
155 a commercial product offering, such Contributor ("Commercial
156 Contributor") hereby agrees to defend and indemnify every other
157 Contributor ("Indemnified Contributor") against any losses, damages and
158 costs (collectively "Losses") arising from claims, lawsuits and other
159 legal actions brought by a third party against the Indemnified
160 Contributor to the extent caused by the acts or omissions of such
161 Commercial Contributor in connection with its distribution of the
162 Program in a commercial product offering. The obligations in this
163 section do not apply to any claims or Losses relating to any actual or
164 alleged intellectual property infringement. In order to qualify, an
165 Indemnified Contributor must: a) promptly notify the Commercial
166 Contributor in writing of such claim, and b) allow the Commercial
167 Contributor to control, and cooperate with the Commercial Contributor
168 in, the defense and any related settlement negotiations. The Indemnified
169 Contributor may participate in any such claim at its own expense.
170
171 For example, a Contributor might include the Program in a commercial
172 product offering, Product X. That Contributor is then a Commercial
173 Contributor. If that Commercial Contributor then makes performance
174 claims, or offers warranties related to Product X, those performance
175 claims and warranties are such Commercial Contributor's responsibility
176 alone. Under this section, the Commercial Contributor would have to
177 defend claims against the other Contributors related to those
178 performance claims and warranties, and if a court requires any other
179 Contributor to pay any damages as a result, the Commercial Contributor
180 must pay those damages.
181
182 5. NO WARRANTY
183
184 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
185 ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
186 EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
187 OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
188 A PARTICULAR PURPOSE. Each Recipient is solely responsible for
189 determining the appropriateness of using and distributing the Program
190 and assumes all risks associated with its exercise of rights under this
191 Agreement, including but not limited to the risks and costs of program
192 errors, compliance with applicable laws, damage to or loss of data,
193 programs or equipment, and unavailability or interruption of operations.
194
195 6. DISCLAIMER OF LIABILITY
196
197 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
198 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
199 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
200 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
201 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
202 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
203 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
204 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
205
206 7. GENERAL
207
208 If any provision of this Agreement is invalid or unenforceable under
209 applicable law, it shall not affect the validity or enforceability of
210 the remainder of the terms of this Agreement, and without further action
211 by the parties hereto, such provision shall be reformed to the minimum
212 extent necessary to make such provision valid and enforceable.
213
214 If Recipient institutes patent litigation against a Contributor with
215 respect to a patent applicable to software (including a cross-claim or
216 counterclaim in a lawsuit), then any patent licenses granted by that
217 Contributor to such Recipient under this Agreement shall terminate as of
218 the date such litigation is filed. In addition, if Recipient institutes
219 patent litigation against any entity (including a cross-claim or
220 counterclaim in a lawsuit) alleging that the Program itself (excluding
221 combinations of the Program with other software or hardware) infringes
222 such Recipient's patent(s), then such Recipient's rights granted under
223 Section 2(b) shall terminate as of the date such litigation is filed.
224
225 All Recipient's rights under this Agreement shall terminate if it fails
226 to comply with any of the material terms or conditions of this Agreement
227 and does not cure such failure in a reasonable period of time after
228 becoming aware of such noncompliance. If all Recipient's rights under
229 this Agreement terminate, Recipient agrees to cease use and distribution
230 of the Program as soon as reasonably practicable. However, Recipient's
231 obligations under this Agreement and any licenses granted by Recipient
232 relating to the Program shall continue and survive.
233
234 Everyone is permitted to copy and distribute copies of this Agreement,
235 but in order to avoid inconsistency the Agreement is copyrighted and may
236 only be modified in the following manner. The Agreement Steward reserves
237 the right to publish new versions (including revisions) of this
238 Agreement from time to time. No one other than the Agreement Steward has
239 the right to modify this Agreement. IBM is the initial Agreement
240 Steward. IBM may assign the responsibility to serve as the Agreement
241 Steward to a suitable separate entity. Each new version of the Agreement
242 will be given a distinguishing version number. The Program (including
243 Contributions) may always be distributed subject to the version of the
244 Agreement under which it was received. In addition, after a new version
245 of the Agreement is published, Contributor may elect to distribute the
246 Program (including its Contributions) under the new version. Except as
247 expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
248 rights or licenses to the intellectual property of any Contributor under
249 this Agreement, whether expressly, by implication, estoppel or
250 otherwise. All rights in the Program not expressly granted under this
251 Agreement are reserved.
252
253 This Agreement is governed by the laws of the State of New York and the
254 intellectual property laws of the United States of America. No party to
255 this Agreement will bring a legal action under this Agreement more than
256 one year after the cause of action arose. Each party waives its rights
257 to a jury trial in any resulting litigation.
258