FIPL-1.0
FreeImage Public License - Version 1.0
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1. Definitions.
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.
1.9. "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 License is not already Covered Code governed by this License.
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 for no charge.
1.12. "You" 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 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.
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) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or
portions thereof) with or without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made,
use and sell ("Utilize") the Original Code (or portions thereof), but solely to the extent that
any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions
thereof) and not to any greater extent that may be necessary to Utilize further Modifications or
combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to
third party intellectual property claims:
(a) 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 or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor
Version (or portions thereof), but solely to the extent that any such patent is reasonably
necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any
greater extent that
may be necessary to Utilize further Modifications or combinations.
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 You have knowledge that a party claims an intellectual property right in particular
functionality or code (or its utilization under this License), 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 each file of the Source Code, and this License in any
documentation for the Source Code, where You describe recipients' rights relating to Covered Code.
If You created one or more Modification(s), You may add your name as a Contributor to the notice
described in Exhibit A. 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 file)
where a user would be likely to look for such a notice. 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 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 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 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.
Floris van den Berg 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 Floris van den Berg
No one other than Floris van den Berg 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 "FreeImage", `FreeImage Public License", "FIPL", or any confusingly
similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your
version of the license contains terms which differ from the FreeImage 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.)
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.
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.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
OTHERWISE, SHALL THE INITIAL DEVELOPER, 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 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 Dutch 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 The Netherlands: (a) unless otherwise agreed in writing, all
disputes relating to this License (excepting any dispute relating to intellectual property rights)
shall be subject to final and binding arbitration, with the losing party paying all costs of
arbitration; (b) any arbitration relating to this Agreement shall be held in Almelo, The
Netherlands; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction
of the court of Almelo, The Netherlands with the losing party responsible for costs, including
without limitation, court costs and reasonable attorneys fees and expenses. 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.
Except in cases where another Contributor has failed to comply with Section 3.4, You are
responsible for damages arising, directly or indirectly, out of Your utilization of rights under
this License, based
on the number of copies of Covered Code you made available, the revenues you received from
utilizing such rights, and other relevant factors. You agree to work with affected parties to
distribute
responsibility on an equitable basis.
EXHIBIT A.
"The contents of this file are subject to the FreeImage 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://home.wxs.nl/~flvdberg/freeimage-license.txt
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.