Note: This license was obtained on April 6, 2009 from http://www.opensource-definition.org/licenses/apl1.0.txt

ADAPTIVE PUBLIC LICENSE Version 1.0

THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THIS ADAPTIVE PUBLIC

LICENSE (“LICENSE”). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE

LICENSED WORK CONSTITUTES RECIPIENT’S ACCEPTANCE OF THIS LICENSE AND

ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THIS

LICENSE. “LICENSED WORK” AND “RECIPIENT” ARE DEFINED BELOW.

IMPORTANT NOTE: This License is “adaptive”, and the generic version or

another version of an Adaptive Public License should not be relied upon

to determine your rights and obligations under this License. You must

read the specific Adaptive Public License that you receive with the

Licensed Work, as certain terms are defined at the outset by the

Initial Contributor.

See Section 2.2 below, Exhibit A attached, and any Suppfile.txt

accompanying this License to determine the specific adaptive features

applicable to this License. For example, without limiting the

foregoing, (a) for selected choice of law and jurisdiction see Part 3

of Exhibit A; (b) for the selected definition of Third Party see Part 4

of Exhibit A; and (c) for selected patent licensing terms (if any) see

Section 2.2 below and Part 6 of Exhibit A.

1. DEFINITIONS.

1.1. “CONTRIBUTION” means:

(a) In the case of the Initial Contributor, the Initial Work

distributed under this License by the Initial Contributor; and

(b) In the case of each Subsequent Contributor, the Subsequent

Work originating from and distributed by such Subsequent

Contributor.

1.2. “DESIGNATED WEB SITE” means the web site having the URL

identified in Part 1 of Exhibit A, which URL may be changed by the

Initial Contributor by posting on the current Designated Web Site

the new URL for at least sixty (60) days.

1.3. “DISTRIBUTOR” means any Person that distributes the Licensed

Work or any portion thereof to at least one Third Party.

1.4. “ELECTRONIC DISTRIBUTION MECHANISM” means any mechanism

generally accepted in the software development community for the

electronic transfer of data.

1.5. “EXECUTABLE” means the Licensed Work in any form other than

Source Code.

1.6. “GOVERNING JURISDICTION” means the state, province or other

legal jurisdiction identified in Part 3 of Exhibit A.

1.7. “INDEPENDENT MODULE” means a separate module of software

and/or data that is not a derivative work of or copied from the

Licensed Work or any portion thereof. In addition, a module does

not qualify as an Independent Module but instead forms part of the

Licensed Work if the module: (a) is embedded in the Licensed Work;

(b) is included by reference in the Licensed Work other than by a

function call or a class reference; or (c) must be included or

contained, in whole or in part, within a file directory or

subdirectory actually containing files making up the Licensed Work.

1.8. “INITIAL CONTRIBUTOR” means the Person or entity identified as

the Initial Contributor in the notice required by Part 1 of Exhibit

A.

1.9. “INITIAL WORK” means the initial Source Code, object code (if

any) and documentation for the computer program identified in Part

2 of Exhibit A, as such Source Code, object code and documentation

is distributed under this License by the Initial Contributor.

1.10. “LARGER WORK” means a work that combines the Licensed Work or

portions thereof with code not governed by this License.

1.11. “LICENSED WORK” means the Initial Work and/or any Subsequent

Work, in each case including portions thereof.

1.12. “LICENSE NOTICE” has the meaning assigned in Part 5 of

Exhibit A.

1.13. “MODIFICATION” or “MODIFICATIONS” means any change to and/or

addition to the Licensed Work.

1.14. “PERSON” means an individual or other legal entity, including

a corporation, partnership or other body.

1.15. “RECIPIENT” means any Person who receives or obtains the

Licensed Work under this License (by way of example, without

limiting the foregoing, any Subsequent Contributor or Distributor).

1.16. “SOURCE CODE” means the source code for a computer program,

including the source code for all modules and components of the

computer program, plus any associated interface definition files,

and scripts used to control compilation and installation of an

executable.

1.17. “SUBSEQUENT CONTRIBUTOR” means any Person that makes or

contributes to the making of any Subsequent Work and that

distributes that Subsequent Work to at least one Third Party.

1.18. “SUBSEQUENT WORK” means a work that has resulted or arises

from changes to and/or additions to:

(a) the Initial Work;

(b) any other Subsequent Work; or

where such changes and/or additions originate from a Subsequent

Contributor. A Subsequent Work will “originate” from a

Subsequent Contributor if the Subsequent Work was a result of

efforts by such Subsequent Contributor (or anyone acting on

such Subsequent Contributor’s behalf, such as, a contractor or

other entity that is engaged by or under the direction of the

Subsequent Contributor). For greater certainty, a Subsequent

Work expressly excludes and shall not capture within its

meaning any Independent Module.

1.19. “SUPPLEMENT FILE” means a file distributed with the Licensed

Work having a file name “suppfile.txt”.

1.20. “THIRD PARTY” has the meaning assigned in Part 4 of Exhibit

A.

2. LICENSE.

2.1. COPYRIGHT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.

(a) Subject to the terms of this License, the Initial

Contributor hereby grants each Recipient a world-wide,

royalty-free, non-exclusive copyright license to:

(i) reproduce, prepare derivative works of, publicly

display, publicly perform, distribute and sublicense the

Initial Work; and

(ii) reproduce, publicly display, publicly perform,

distribute, and sublicense any derivative works (if any)

prepared by Recipient;

in Source Code and Executable form, either with other

Modifications, on an unmodified basis, or as part of a Larger

Work.

(b) Subject to the terms of this License, each Subsequent

Contributor hereby grants each Recipient a world-wide,

royalty-free, non-exclusive copyright license to:

(i) reproduce, prepare derivative works of, publicly

display, publicly perform, distribute and sublicense the

Subsequent Work of such Subsequent Contributor; and

(ii) reproduce, publicly display, publicly perform,

distribute, and sublicense any derivative works (if any)

prepared by Recipient;

in Source Code and Executable form, either with other

Modifications, on an unmodified basis, or as part of a Larger

Work.

2.2. PATENT LICENSE FROM INITIAL AND SUBSEQUENT CONTRIBUTORS.

(a) This License does not include or grant any patent license

whatsoever from the Initial Contributor, Subsequent

Contributor, or any Distributor unless, at the time the Initial

Work is first distributed or made available under this License

(as the case may be), the Initial Contributor has selected

pursuant to Part 6 of Exhibit A the patent terms in paragraphs

A, B, C, D and E from Part 6 of Exhibit A. If this is not done

then the Initial Work and any other Subsequent Work is made

available under the License without any patent license (the

“PATENTS-EXCLUDED LICENSE”).

(b) However, the Initial Contributor may subsequently

distribute or make available (as the case may be) future copies

of: (1) the Initial Work; or (2) any Licensed Work distributed

by the Initial Contributor which includes the Initial Work (or

any portion thereof) and/or any Modification made by the

Initial Contributor; available under a License which includes a

patent license (the “PATENTS-INCLUDED LICENSE”) by selecting

pursuant to Part 6 of Exhibit A the patent terms in paragraphs

A, B, C, D and E from Part 6 of Exhibit A, when the Initial

Contributor distributes or makes available (as the case may be)

such future copies under this License.

(c) If any Recipient receives or obtains one or more copies of

the Initial Work or any other portion of the Licensed Work

under the Patents-Included License, then all licensing of such

copies under this License shall include the terms in paragraphs

A, B, C, D and E from Part 6 of Exhibit A and that Recipient

shall not be able to rely upon the Patents-Excluded License for

any such copies. However, all Recipients that receive one or

more copies of the Initial Work or any other portion of the

Licensed Work under a copy of the License which includes the

Patents-Excluded License shall have no patent license with

respect to such copies received under the Patents-Excluded

License and availability and distribution of such copies,

including Modifications made by such Recipient to such copies,

shall be under a copy of the License without any patent

license.

(d) Where a Recipient uses in combination or combines any copy

of the Licensed Work (or portion thereof) licensed under a copy

of the License having a Patents-Excluded License with any copy

of the Licensed Work (or portion thereof) licensed under a copy

of the License having a Patents-Included License, the

combination (and any portion thereof) shall, from the first

time such Recipient uses, makes available or distributes the

combination (as the case may be), be subject to only the terms

of the License having the Patents-Included License which shall

include the terms in paragraphs A, B, C, D and E from Part 6 of

Exhibit A.

2.3. ACKNOWLEDGEMENT AND DISCLAIMER.

Recipient understands and agrees that although Initial Contributor

and each Subsequent Contributor grants the licenses to its

Contributions set forth herein, no representation, warranty,

guarantee or assurance is provided by any Initial Contributor,

Subsequent Contributor, or Distributor that the Licensed Work does

not infringe the patent or other intellectual property rights of

any other entity. Initial Contributor, Subsequent Contributor, and

each Distributor disclaims any liability to Recipient for claims

brought by any other entity based on infringement of intellectual

property rights or otherwise, in relation to the Licensed Works. As

a condition to exercising the rights and licenses granted

hereunder, each Recipient hereby assumes sole responsibility to

secure any other intellectual property rights needed, if any. For

example, without limiting the foregoing disclaimers, if a third

party patent license is required to allow Recipient to distribute

the Licensed Work, it is Recipient’s responsibility to acquire that

license before distributing the Licensed Work.

2.4. RESERVATION.

Nothing in this License shall be deemed to grant any rights to

trademarks, copyrights, patents, trade secrets or any other

intellectual property of Initial Contributor, Subsequent

Contributor, or Distributor except as expressly stated herein.

3. DISTRIBUTION OBLIGATIONS.

3.1. DISTRIBUTION GENERALLY.

(a) A Subsequent Contributor shall make that Subsequent

Contributor’s Subsequent Work(s) available to the public via an

Electronic Distribution Mechanism for a period of at least

twelve (12) months. The aforesaid twelve (12) month period

shall begin within a reasonable time after the creation of the

Subsequent Work and no later than sixty (60) days after first

distribution of that Subsequent Contributor’s Subsequent Work.

(b) All Distributors must distribute the Licensed Work in

accordance with the terms of the License, and must include a

copy of this License (including without limitation Exhibit A

and the accompanying Supplement File) with each copy of the

Licensed Work distributed. In particular, this License must be

prominently distributed with the Licensed Work in a file called

“license.txt.” In addition, the License Notice in Part 5 of

Exhibit A must be included at the beginning of all Source Code

files, and viewable to a user in any executable such that the

License Notice is reasonably brought to the attention of any

party using the Licensed Work.

3.2. EXECUTABLE DISTRIBUTIONS OF THE LICENSED WORK.

A Distributor may choose to distribute the Licensed Work, or any

portion thereof, in Executable form (an “EXECUTABLE DISTRIBUTION”)

to any third party, under the terms of Section 2 of this License,

provided the Executable Distribution is made available under and

accompanied by a copy of this License, AND provided at least ONE of

the following conditions is fulfilled:

(a) The Executable Distribution must be accompanied by the

Source Code for the Licensed Work making up the Executable

Distribution, and the Source Code must be distributed on the

same media as the Executable Distribution or using an

Electronic Distribution Mechanism; or

(b) The Executable Distribution must be accompanied with a

written offer, valid for at least thirty six (36) months, to

give any third party under the terms of this License, for a

charge no more than the cost of physically performing source

distribution, a complete machine-readable copy of the Source

Code for the Licensed Work making up the Executable

Distribution, to be available and distributed using an

Electronic Distribution Mechanism, and such Executable

Distribution must remain available in Source Code form to any

third party via the Electronic Distribution Mechanism (or any

replacement Electronic Distribution Mechanism the particular

Distributor may reasonably need to turn to as a substitute) for

said at least thirty six (36) months.

For greater certainty, the above-noted requirements apply to any

Licensed Work or portion thereof distributed to any third party in

Executable form, whether such distribution is made alone, in

combination with a Larger Work or Independent Modules, or in some

other combination.

3.3. SOURCE CODE DISTRIBUTIONS.

When a Distributor makes the Licensed Work, or any portion thereof,

available to any Person in Source Code form, it must be made

available under this License and a copy of this License must be

included with each copy of the Source Code, situated so that the

copy of the License is conspicuously brought to the attention of

that Person. For greater clarification, this Section 3.3 applies to

all distribution of the Licensed Work in any Source Code form. A

Distributor may charge a fee for the physical act of transferring a

copy, which charge shall be no more than the cost of physically

performing source distribution.

3.4. REQUIRED NOTICES IN SOURCE CODE.

Each Subsequent Contributor must ensure that the notice set out in

Part 5 of Exhibit A is included in each file of the Source Code for

each Subsequent Work originating from that particular Subsequent

Contributor, if such notice is not already included in each such

file. If it is not possible to put such notice in a particular

Source Code file due to its structure, then the Subsequent

Contributor must include such notice in a location (such as a

relevant directory in which the file is stored) where a user would

be likely to look for such a notice.

3.5. NO DISTRIBUTION REQUIREMENTS FOR INTERNALLY USED

MODIFICATIONS.

Notwithstanding Sections 3.2, 3.3 and 3.4, Recipient may,

internally within its own corporation or organization use the

Licensed Work, including the Initial Work and Subsequent Works, and

make Modifications for internal use within Recipient’s own

corporation or organization (collectively, “INTERNAL USE

MODIFICATIONS”). The Recipient shall have no obligation to

distribute, in either Source Code or Executable form, any such

Internal Use Modifications made by Recipient in the course of such

internal use, except where required below in this Section 3.5. All

Internal Use Modifications distributed to any Person, whether or

not a Third Party, shall be distributed pursuant to and be

accompanied by the terms of this License. If the Recipient chooses

to distribute any such Internal Use Modifications to any Third

Party, then the Recipient shall be deemed a Subsequent Contributor,

and any such Internal Use Modifications distributed to any Third

Party shall be deemed a Subsequent Work originating from that

Subsequent Contributor, and shall from the first such instance

become part of the Licensed Work that must thereafter be

distributed and made available to third parties in accordance with

the terms of Sections 3.1 to 3.4 inclusive.

3.6. INDEPENDENT MODULES.

This License shall not apply to Independent Modules of any Initial

Contributor, Subsequent Contributor, Distributor or any Recipient,

and such Independent Modules may be licensed or made available

under one or more separate license agreements.

3.7. LARGER WORKS.

Any Distributor or Recipient may create or contribute to a Larger

Work by combining any of the Licensed Work with other code not

governed by the terms of this License, and may distribute the

Larger Work as one or more products. However, in any such case,

Distributor or Recipient (as the case may be) must make sure that

the requirements of this License are fulfilled for the Licensed

Work portion of the Larger Work.

3.8. DESCRIPTION OF DISTRIBUTED MODIFICATIONS.

(a) Each Subsequent Contributor (including the Initial

Contributor where the Initial Contributor also qualifies as a

Subsequent Contributor) must cause each Subsequent Work created

or contributed to by that Subsequent Contributor to contain a

file documenting the changes, in accordance with the

requirements of Part 1 of the Supplement File, that such

Subsequent Contributor made in the creation or contribution to

that Subsequent Work. If no Supplement File exists or no

requirements are set out in Part 1 of the Supplement File, then

there are no requirements for Subsequent Contributors to

document changes that they make resulting in Subsequent Works.

(b) The Initial Contributor may at any time introduce

requirements or add to or change earlier requirements (in each

case, the “EARLIER DESCRIPTION REQUIREMENTS”) for documenting

changes resulting in Subsequent Works by revising Part 1 of

each copy of the Supplement File distributed by the Initial

Contributor with future copies of the Licensed Work so that

Part 1 then contains new requirements (the “NEW DESCRIPTION

REQUIREMENTS”) for documenting such changes.

(c) Any Recipient receiving at any time any copy of an Initial

Work or any Subsequent Work under a copy of this License (in

each case, an “Earlier LICENSED COPY”) having the Earlier

Description Requirements may choose, with respect to each such

Earlier Licensed Copy, to comply with the Earlier Description

Requirements or the New Description Requirements. Where a

Recipient chooses to comply with the New Description

Requirements, that Recipient will, when thereafter distributing

any copies of any such Earlier Licensed Copy, include a

Supplement File having a section entitled Part 1 that contains

a copy of the New Description Requirements.

(d) For greater certainty, the intent of Part 1 of the

Supplement File is to provide a mechanism (if any) by which

Subsequent Contributors must document changes that they make to

the Licensed Work resulting in Subsequent Works. Part 1 of any

Supplement File shall not be used to increase or reduce the

scope of the license granted in Article 2 of this License or in

any other way increase or decrease the rights and obligations

of any Recipient, and shall at no time serve as the basis for

terminating the License. Further, a Recipient can be required

to correct and change its documentation procedures to comply

with Part 1 of the Supplement File, but cannot be penalised

with damages. Part 1 of any Supplement File is only binding on

each Recipient of any Licensed Work to the extent Part 1 sets

out the requirements for documenting changes to the Initial

Work or any Subsequent Work.

(e) An example of a set of requirements for documenting changes

and contributions made by Subsequent Contributor is set out in

Part 7 of Exhibit A of this License. Part 7 is a sample only

and is not binding on Recipients, unless (subject to the

earlier paragraphs of this Section 3.8) those are the

requirements that the Initial Contributor includes in Part 1 of

the Supplement File with the copies of the Initial Work

distributed under this License.

3.9. USE OF DISTRIBUTOR NAME.

The name of a Distributor may not be used by any other Distributor

to endorse or promote the Licensed Work or products derived from

the Licensed Work, without prior written permission.

3.10. LIMITED RECOGNITION OF INITIAL CONTRIBUTOR.

(a) As a modest attribution to the Initial Contributor, in the

hope that its promotional value may help justify the time,

money and effort invested in writing the Initial Work, the

Initial Contributor may include in Part 2 of the Supplement

File a requirement that each time an executable program

resulting from the Initial Work or any Subsequent Work, or a

program dependent thereon, is launched or run, a prominent

display of the Initial Contributor’s attribution information

must occur (the “ATTRIBUTION INFORMATION”). The Attribution

Information must be included at the beginning of each Source

Code file. For greater certainty, the Initial Contributor may

specify in the Supplement File that the above attribution

requirement only applies to an executable program resulting

from the Initial Work or any Subsequent Work, but not a program

dependent thereon. The intent is to provide for reasonably

modest attribution, therefore the Initial Contributor may not

require Recipients to display, at any time, more than the

following Attribution Information: (a) a copyright notice

including the name of the Initial Contributor; (b) a word or

one phrase (not exceeding 10 words); (c) one digital image or

graphic provided with the Initial Work; and (d) a URL

(collectively, the “ATTRIBUTION LIMITS”).

(b) If no Supplement File exists, or no Attribution Information

is set out in Part 2 of the Supplement File, then there are no

requirements for Recipients to display any Attribution

Information of the Initial Contributor.

(c) Each Recipient acknowledges that all trademarks, service

marks and/or trade names contained within Part 2 of the

Supplement File distributed with the Licensed Work are the

exclusive property of the Initial Contributor and may only be

used with the permission of the Initial Contributor, or under

circumstances otherwise permitted by law, or as expressly set

out in this License.

3.11. For greater certainty, any description or attribution

provisions contained within a Supplement File may only be used to

specify the nature of the description or attribution requirements,

as the case may be. Any provision in a Supplement File that

otherwise purports to modify, vary, nullify or amend any right,

obligation or representation contained herein shall be deemed void

to that extent, and shall be of no force or effect.

4. COMMERCIAL USE AND INDEMNITY.

4.1. COMMERCIAL SERVICES.

A Recipient (“COMMERCIAL RECIPIENT”) may choose to offer, and to

charge a fee for, warranty, support, indemnity or liability

obligations (collectively, “SERVICES”) to one or more other

Recipients or Distributors. However, such Commercial Recipient may

do so only on that Commercial Recipient’s own behalf, and not on

behalf of any other Distributor or Recipient, and Commercial

Recipient must make it clear than any such warranty, support,

indemnity or liability obligation(s) is/are offered by Commercial

Recipient alone. At no time may Commercial Recipient use any

Services to deny any party the Licensed Work in Source Code or

Executable form when so required under any of the other terms of

this License. For greater certainty, this Section 4.1 does not

diminish any of the other terms of this License, including without

limitation the obligation of the Commercial Recipient as a

Distributor, when distributing any of the Licensed Work in Source

Code or Executable form, to make such distribution royalty-free

(subject to the right to charge a fee of no more than the cost of

physically performing Source Code or Executable distribution (as

the case may be)).

4.2. INDEMNITY.

Commercial distributors of software may accept certain

responsibilities with respect to end users, business partners and

the like. While this License is intended to facilitate the

commercial use of the Licensed Work, the Distributor who includes

any of the Licensed Work in a commercial product offering should do

so in a manner which does not create potential liability for other

Distributors. Therefore, if a Distributor includes the Licensed

Work in a commercial product offering or offers any Services, such

Distributor (“COMMERCIAL DISTRIBUTOR”) hereby agrees to defend and

indemnify every other Distributor or Subsequent Contributor (in

each case an “INDEMNIFIED PARTY”) against any losses, damages and

costs (collectively “LOSSES”) arising from claims, lawsuits and

other legal actions brought by a third party against the

Indemnified Party to the extent caused by the acts or omissions of

such Commercial Distributor in connection with its distribution of

any of the Licensed Work in a commercial product offering or in

connection with any Services. The obligations in this section do

not apply to any claims or Losses relating to any actual or alleged

intellectual property infringement. In order to qualify, an

Indemnified Party must: (a) promptly notify the Commercial

Distributor in writing of such claim; and (b) allow the Commercial

Distributor to control, and co-operate with the Commercial

Distributor in, the defense and any related settlement

negotiations. The Indemnified Party may participate in any such

claim at its own expense.

5. VERSIONS OF THE LICENSE.

5.1. NEW VERSIONS.

The Initial Contributor may publish revised and/or new versions of

the License from time to time. Each version will be given a

distinguishing version number.

5.2. EFFECT OF NEW VERSIONS.

Once the Licensed Work or any portion thereof has been published by

Initial Contributor under a particular version of the License,

Recipient may choose to continue to use it under the terms of that

version. However, if a Recipient chooses to use the Licensed Work

under the terms of any subsequent version of the License published

by the Initial Contributor, then from the date of making this

choice, the Recipient must comply with the terms of that subsequent

version with respect to all further reproduction, preparation of

derivative works, public display of, public performance of,

distribution and sublicensing by the Recipient in connection with

the Licensed Work. No one other than the Initial Contributor has

the right to modify the terms applicable to the Licensed Work

6. DISCLAIMER OF WARRANTY.

6.1. GENERAL DISCLAIMER.

EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS

PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT ANY

REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION OF ANY

KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,

WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE

RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH

RECIPIENT. SHOULD ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT,

RECIPIENT (NOT THE INITIAL CONTRIBUTOR OR ANY SUBSEQUENT

CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR

CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS

LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT

UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.

6.2. RESPONSIBILITY OF RECIPIENTS.

Each Recipient is solely responsible for determining the

appropriateness of using and distributing the Licensed Work and

assumes all risks associated with its exercise of rights under this

License, including but not limited to the risks and costs of

program errors, compliance with applicable laws, damage to or loss

of data, programs or equipment, and unavailability or interruption

of operations.

7. TERMINATION.

7.1. This License shall continue until terminated in accordance

with the express terms herein.

7.2. Recipient may choose to terminate this License automatically

at any time.

7.3. This License, including without limitation the rights granted

hereunder to a particular Recipient, will terminate automatically

if such Recipient is in material breach of any of the terms of this

License and fails to cure such breach within sixty (60) days of

becoming aware of the breach. Without limiting the foregoing, any

material breach by such Recipient of any term of any other License

under which such Recipient is granted any rights to the Licensed

Work shall constitute a material breach of this License.

7.4. Upon termination of this License by or with respect to a

particular Recipient for any reason, all rights granted hereunder

and under any other License to that Recipient shall terminate.

However, all sublicenses to the Licensed Work which were previously

properly granted by such Recipient under a copy of this License (in

each case, an “Other License” and in plural, “Other Licenses”)

shall survive any such termination of this License, including

without limitation the rights and obligations under such Other

Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7

and 8, mutatis mutandis, for so long as the respective sublicensees

(i.e. other Recipients) remain in compliance with the terms of the

copy of this License under which such sublicensees received rights

to the Licensed Work. Any termination of such Other Licenses shall

be pursuant to their respective Section 7, mutatis mutandis.

Provisions which, by their nature, must remain in effect beyond the

termination of this License shall survive.

7.5. Upon any termination of this License by or with respect to a

particular Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1,

and 8.2, together with all provisions of this License necessary for

the interpretation and enforcement of same, shall expressly survive

such termination.

8. LIMITATION OF LIABILITY.

8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS

SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE

OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY BE),

HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT DAMAGES,

PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY

DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER

(INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY

OTHER LOSS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE,

INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE

OF THE LICENSED WORK OR ANY PART THEREOF OR THE PROVISION OF OR

FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM ERRORS,

DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY

OTHER FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF

LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT

(INCLUDING NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN

ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE

LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN

IF ADVISED 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. THIS CLAUSE CONSTITUTES AN ESSENTIAL

PART OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED

HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION

THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.

8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT

SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL

DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED

AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN

ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE

EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED 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.

9. GOVERNING LAW AND LEGAL ACTION.

9.1. This License shall be governed by and construed in accordance

with the laws of the Governing Jurisdiction assigned in Part 3 of

Exhibit A, without regard to its conflict of law provisions. No

party may bring a legal action under this License more than one

year after the cause of the action arose. Each party waives its

rights (if any) to a jury trial in any litigation arising under

this License. Note that if the Governing Jurisdiction is not

assigned in Part 3 of Exhibit A, then the Governing Jurisdiction

shall be the State of New York.

9.2. The courts of the Governing Jurisdiction shall have

jurisdiction, but not exclusive jurisdiction, to entertain and

determine all disputes and claims, whether for specific

performance, injunction, damages or otherwise, both at law and in

equity, arising out of or in any way relating to this License,

including without limitation, the legality, validity, existence and

enforceability of this License. Each party to this License hereby

irrevocably attorns to and accepts the jurisdiction of the courts

of the Governing Jurisdiction for such purposes.

9.3. Except as expressly set forth elsewhere herein, in the event

of any action or proceeding brought by any party against another

under this License the prevailing party shall be entitled to

recover all costs and expenses including the fees of its attorneys

in such action or proceeding in such amount as the court may

adjudge reasonable.

10. MISCELLANEOUS.

10.1. The obligations imposed by this License are for the benefit

of the Initial Contributor and any Recipient, and each Recipient

acknowledges and agrees that the Initial Contributor and/or any

other Recipient may enforce the terms and conditions of this

License against any Recipient.

10.2. This License represents the complete agreement concerning

subject matter hereof, and supersedes and cancels all previous oral

and written communications, representations, agreements and

understandings between the parties with respect to the subject

matter hereof.

10.3. The application of the United Nations Convention on Contracts

for the International Sale of Goods is expressly excluded.

10.4. The language in all parts of this License shall be in all

cases construed simply according to its fair meaning, and not

strictly for or against any of the parties hereto. Any law or

regulation which provides that the language of a contract shall be

construed against the drafter shall not apply to this License.

10.5. If any provision of this License is invalid or unenforceable

under the laws of the Governing Jurisdiction, it shall not affect

the validity or enforceability of the remainder of the terms of

this License, and without further action by the parties hereto,

such provision shall be reformed to the minimum extent necessary to

make such provision valid and enforceable.

10.6. The paragraph headings of this License are for reference and

convenience only and are not a part of this License, and they shall

have no effect upon the construction or interpretation of any part

hereof.

10.7. Each of the terms “including”, “include” and “includes”, when

used in this License, is not limiting whether or not non-limiting

language (such as “without limitation” or “but not limited to” or

words of similar import) is used with reference thereto.

10.8. The parties hereto acknowledge they have expressly required

that this License and notices relating thereto be drafted in the

English language.

//***THE LICENSE TERMS END HERE (OTHER THAN AS SET OUT IN EXHIBIT

//A).***//

EXHIBIT A (to the Adaptive Public License)

PART 1: INITIAL CONTRIBUTOR AND DESIGNATED WEB SITE The Initial

Contributor is:

____________________________________________________

[Enter full name of Initial Contributor]

Address of Initial Contributor:

________________________________________________

________________________________________________

________________________________________________

[Enter address above]

The Designated Web Site is:

__________________________________________________

[Enter URL for Designated Web Site of Initial Contributor]

NOTE: The Initial Contributor is to complete this Part 1, along

with Parts 2, 3, and 5, and, if applicable, Parts 4 and 6.

PART 2: INITIAL WORK

The Initial Work comprises the computer program(s) distributed by

the Initial Contributor having the following title(s):

_______________________________________________.

The date on which the Initial Work was first available under this

License: _________________

PART 3: GOVERNING JURISDICTION

For the purposes of this License, the Governing Jurisdiction is

_________________________________________________. [Initial

Contributor to Enter Governing Jurisdiction here]

PART 4: THIRD PARTIES

For the purposes of this License, “Third Party” has the definition

set forth below in the ONE paragraph selected by the Initial

Contributor from paragraphs A, B, C, D and E when the Initial Work

is distributed or otherwise made available by the Initial

Contributor. To select one of the following paragraphs, the Initial

Contributor must place an “X” or “x” in the selection box alongside

the one respective paragraph selected. SELECTION BOX PARAGRAPH

[ ] A. “THIRD PARTY” means any third party.

[ ] B. “THIRD PARTY” means any third party except for any of

the following: (a) a wholly owned subsidiary of the Subsequent

Contributor in question; (b) a legal entity (the “PARENT”) that

wholly owns the Subsequent Contributor in question; or (c) a wholly

owned subsidiary of the wholly owned subsidiary in (a) or of the

Parent in (b).

[ ] C. “THIRD PARTY” means any third party except for any of

the following: (a) any Person directly or indirectly owning a

majority of the voting interest in the Subsequent Contributor or

(b) any Person in which the Subsequent Contributor directly or

indirectly owns a majority voting interest.

[ ] D. “THIRD PARTY” means any third party except for any

Person directly or indirectly controlled by the Subsequent

Contributor. For purposes of this definition, “control” shall mean

the power to direct or cause the direction of, the management and

policies of such Person whether through the ownership of voting

interests, by contract, or otherwise.

[ ] E. “THIRD PARTY” means any third party except for any

Person directly or indirectly controlling, controlled by, or under

common control with the Subsequent Contributor. For purposes of

this definition, “control” shall mean the power to direct or cause

the direction of, the management and policies of such Person

whether through the ownership of voting interests, by contract, or

otherwise.

The default definition of “THIRD PARTY” is the definition set forth

in paragraph A, if NONE OR MORE THAN ONE of paragraphs A, B, C, D

or E in this Part 4 are selected by the Initial Contributor.

PART 5: NOTICE

THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE ADAPTIVE

PUBLIC LICENSE (“LICENSE”) AS FIRST COMPLETED BY:

______________________ [Insert the name of the Initial Contributor

here]. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE, REPRODUCTION OR

DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED ON, THE

LICENSED WORK CONSTITUTES RECIPIENT’S ACCEPTANCE OF THIS LICENSE

AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE

LICENSE. “LICENSED WORK” AND “RECIPIENT” ARE DEFINED IN THE

LICENSE. A COPY OF THE LICENSE IS LOCATED IN THE TEXT FILE ENTITLED

“LICENSE.TXT” ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF

THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY

ALSO BE OBTAINED AT THE FOLLOWING WEB SITE:

___________________________________________________ [Insert Initial

Contributor’s Designated Web Site here]

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.

PART 6: PATENT LICENSING TERMS

For the purposes of this License, paragraphs A, B, C, D and E of

this Part 6 of Exhibit A are only incorporated and form part of the

terms of the License if the Initial Contributor places an “X” or

“x” in the selection box alongside the YES answer to the question

immediately below.

Is this a Patents-Included License pursuant to Section 2.2 of the

License?

YES [ ] NO [ ]

By default, if YES is not selected by the Initial Contributor, the

answer is NO.

A. For the purposes of the paragraphs in this Part 6 of Exhibit

A, “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 granted

herein.

B. The Initial Contributor hereby grants all Recipients a

world-wide, royalty-free, non-exclusive license, subject to

third party intellectual property claims, under patent claim(s)

Licensable by the Initial Contributor that are or would be

infringed by the making, using, selling, offering for sale,

having made, importing, exporting, transfer or disposal of such

Initial Work or any portion thereof. Notwithstanding the

foregoing, no patent license is granted under this Paragraph B

by the Initial Contributor: (1) for any code that the Initial

Contributor deletes from the Initial Work (or any portion

thereof) distributed by the Initial Contributor prior to such

distribution; (2) for any Modifications made to the Initial

Work (or any portion thereof) by any other Person; or (3)

separate from the Initial Work (or portions thereof)

distributed or made available by the Initial Contributor.

C. Effective upon distribution by a Subsequent Contributor to a

Third Party of any Modifications made by that Subsequent

Contributor, such Subsequent Contributor hereby grants all

Recipients a world-wide, royalty-free, non-exclusive license,

subject to third party intellectual property claims, under

patent claim(s) Licensable by such Subsequent Contributor that

are or would be infringed by the making, using, selling,

offering for sale, having made, importing, exporting, transfer

or disposal of any such Modifications made by that Subsequent

Contributor alone and/or in combination with its Subsequent

Work (or portions of such combination) to make, use, sell,

offer for sale, have made, import, export, transfer and

otherwise dispose of:

(1) Modifications made by that Subsequent Contributor (or

portions thereof); and

(2) the combination of Modifications made by that

Subsequent Contributor with its Subsequent Work (or

portions of such combination);

(collectively and in each case, the “SUBSEQUENT CONTRIBUTOR

VERSION”).

Notwithstanding the foregoing, no patent license is granted

under this Paragraph C by such Subsequent Contributor: (1) for

any code that such Subsequent Contributor deletes from the

Subsequent Contributor Version (or any portion thereof)

distributed by the Subsequent Contributor prior to such

distribution; (2) for any Modifications made to the Subsequent

Contributor Version (or any portion thereof) by any other

Person; or (3) separate from the Subsequent Contributor Version

(or portions thereof) distributed or made available by the

Subsequent Contributor.

D. Effective upon distribution of any Licensed Work by a

Distributor to a Third Party, such Distributor hereby grants

all Recipients a world-wide, royalty-free, non-exclusive

license, subject to third party intellectual property claims,

under patent claim(s) Licensable by such Distributor that are

or would be infringed by the making, using, selling, offering

for sale, having made, importing, exporting, transfer or

disposal of any such Licensed Work distributed by such

Distributor, to make, use, sell, offer for sale, have made,

import, export, transfer and otherwise dispose of such Licensed

Work or portions thereof (collectively and in each case, the

“DISTRIBUTOR VERSION”). Notwithstanding the foregoing, no

patent license is granted under this Paragraph D by such

Distributor: (1) for any code that such Distributor deletes

from the Distributor Version (or any portion thereof)

distributed by the Distributor prior to such distribution; (2)

for any Modifications made to the Distributor Version (or any

portion thereof) by any other Person; or (3) separate from the

Distributor Version (or portions thereof) distributed or made

available by the Distributor.

E. If Recipient institutes patent litigation against another

Recipient (a “USER”) with respect to a patent applicable to a

computer program or software (including a cross-claim or

counterclaim in a lawsuit, and whether or not any of the patent

claims are directed to a system, method, process, apparatus,

device, product, article of manufacture or any other form of

patent claim), then any patent or copyright license granted by

that User to such Recipient under this License or any other

copy of this License shall terminate. The termination shall be

effective ninety (90) days after notice of termination from

User to Recipient, unless the Recipient withdraws the patent

litigation claim before the end of the ninety (90) day period.

To be effective, any such notice of license termination must

include a specific list of applicable patents and/or a copy of

the copyrighted work of User that User alleges will be

infringed by Recipient upon License termination. License

termination is only effective with respect to patents and/or

copyrights for which proper notice has been given.

PART 7: SAMPLE REQUIREMENTS FOR THE DESCRIPTION OF DISTRIBUTED

MODIFICATIONS

Each Subsequent Contributor (including the Initial Contributor

where the Initial Contributor qualifies as a Subsequent

Contributor) is invited (but not required) to cause each Subsequent

Work created or contributed to by that Subsequent Contributor to

contain a file documenting the changes such Subsequent Contributor

made to create that Subsequent Work and the date of any change.