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Active Networks Daemon (Anetd) Download
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Anetd Community Software License
Version 1.5
1. DEFINITIONS
1.1. "Community" means the Initial Developer and each and every one of You.
1.2. "Contributor" means each individual or legal entity that creates
or contributes to the creation of Modifications.
1.3. "Contributor Code" means, collectively, (a) the Original Source
Code, (b) the Modifications created by that particular Contributor,
and (c) all other Modifications used by the Contributor in creating
its own Modifications.
1.4. "Contributor IP" means all patent claims, copyright, and trade
secrets owned or licensable by a Contributor that are embodied in or
necessarily practiced by the Contributor Code of that particular
Contributor.
1.5. "Distribute" means to transfer, publish, or otherwise provide or
make available a copy of software to any third party.
1.6. "Distributor" means each individual or legal entity exercising a
right to Distribute Licensed Software under this License.
1.7. "Distributor Code" means, collectively, (a) the Original Source
Code and (b) the Licensed Software that is Distributed by a particular
Distributor.
1.8. "Distributor IP" means all patent claims, copyright, and trade
secrets owned or licensable by a Distributor that are embodied in or
necessarily practiced by the Distributor Code of that particular
Distributor.
1.9. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.10. "Executable" means software in any form other than Source Code.
1.11. "Initial Developer" means SRI International ("SRI"), a
California nonprofit public benefit corporation having offices in
Menlo Park, California.
1.12. "Initial Developer IP" means all patent claims, copyright, and
trade secrets owned or licensable by the Initial Developer which are
embodied in or necessarily practiced by the unmodified Original Source
Code.
1.13. "License" means this agreement, the Anetd Community Software
License Version 1.5.
1.14. "Licensed Purpose" means all purposes, without limitation.
1.15. "Licensed Software" means any copy of the Original Source Code and/or
the Modifications, as to which You are exercising any rights under
this License.
1.16. "Modifications" means any derivative work of either the Original
Source Code or of existing Modifications, created by exercise of license
rights granted hereunder. Including header files or calls to Licensed
Software library functions in an application program shall not in and of
itself cause that application program to be deemed a Modification,
provided that the Licensed Software so included shall in any case remain
subject to the terms of this License.
1.17. "Original Source Code" means the Source Code for Anetd version 1.5
as made available for download by SRI International from
http://www.csl.sri.com/activate as of April 2000.
1.18. "Source Code" means the preferred form of software for making
modifications to it, including all modules it contains, plus any
associated interface definition files, scripts used to control
compilation and installation of an Executable, or a list of source
code differential comparisons against either the Original Source Code
or another well known, available Modification 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.
1.19. "You" means an individual or a legal entity exercising rights
under this License. For legal entities, "You" includes any entity that
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. SOFTWARE LICENSE GRANTS
2.1. The Initial Developer Grant
The Initial Developer hereby grants the Community worldwide,
royalty-free, non-exclusive rights, solely for the Licensed Purpose
and subject to the terms and conditions of this License (including
without limitation the Contributor and Distributor grants set forth in
Section 2 and the Distribution Obligations set forth in Section 3), as
follows:
A license under the Initial Developer IP to modify, copy, use, and
Distribute the Original Source Code and Modifications.
2.2. Contributor Grant
If You are a Contributor, You hereby grant the Community a
worldwide, royalty-free, non-exclusive license under the
Contributor IP, solely for the Licensed Purpose and subject to
the terms and conditions of this License, to modify, copy, use,
and Distribute the Contributor Code and Modifications.
2.3. Distributor Grant
If You are a Distributor, You hereby grant the Community a
worldwide, royalty-free, non-exclusive license under the
Distributor IP, solely for the Licensed Purpose and subject to
the terms and conditions of this License, to modify copy, use,
and Distribute the Distributor Code and Modifications.
2.4. Sublicenses
The license rights that are granted under this Section 2 may be
sublicensed only by Distributing Licensed Software in compliance
with all applicable terms and conditions of this License. No
other sublicensing of intellectual property rights granted under
this License is permitted.
2.5. No Other Rights
Except as expressly set forth in this section 2, no other
license rights are implied or otherwise granted under this
License. By way of illustration and not limitation, this
License does not entitle You to any support, enhancements, or
updates for the Licensed Software. You may not exercise any
rights under this License for any purpose other than the
Licensed Purpose as defined herein.
3. DISTRIBUTION OBLIGATIONS
The right to Distribute Licensed Software set forth above, whether to
a government sponsor or to any other recipient, is subject to the
following obligations:
3.1. Notice of License to Recipients. Any publication or other
Distribution of Licensed Software must be made expressly subject to
this License. You must include a prominent copy of the notice set
forth in Exhibit A with all Licensed Software that You Distribute: (a)
in all notices or documentation in which You describe the origin or
ownership of the software or the recipient's rights thereto, and (b)
in each Source Code file. Except as expressly authorized by this
License, no right is granted to use the name of SRI in any
advertising, news release, other publication, or product
documentation, without the prior express written consent of SRI. You
hereby agree to indemnify the Initial Developer and every Contributor
to the Licensed Software for any and all liability or damages they may
incur if caused by Your violation of this Section.
3.2. Required Availability of Source Code. If You Distribute Licensed
Software for which You are a Contributor, You must make the Source
Code for all Modifications to which You contribute publicly available
to the Community, under the terms of this License and at no additional
restriction or cost, via an accepted Electronic Distribution Mechanism
for a period of at least twelve (12) months following the date You
first Distribute the Licensed Software. You must also include with
the Source Code a file documenting any changes You made to create each
Modification, and the dates of such changes.
3.3. Licensee Registration. Before You Distribute any Licensed Software
under this License, You must first register by sending e-mail
to the Initial Developer addressed to anetd@sdl.sri.com,
including a statement confirming that You accept the terms and
conditions of this License and describing the specific Electronic
Distribution Mechanism you are using (e.g., identify the URL) to make
Source Code available under Section 3.2 where applicable.
4. DISCLAIMER OF WARRANTY
LICENSED SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE LICENSED SOFTWARE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED
SOFTWARE IS WITH YOU. SHOULD ANY LICENSED SOFTWARE 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 LICENSED SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
5. 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 LICENSED
SOFTWARE, 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.
6. RESPONSIBILITY FOR CLAIMS.
You are responsible for damages arising, directly or indirectly,
out of Your exercise of rights under this License, based on the
number of copies of Licensed Software 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.
7. TERMINATION.
This License will terminate automatically if You fail to comply with
the above terms. On termination, You must destroy all copies of the
Licensed Software.
8. U.S. GOVERNMENT RESTRICTED RIGHTS.
If the Licensed Software or any accompanying documentation is used
or acquired by or on behalf of any unit, division or agency of the
United States Government, this provision applies. The Licensed
Software and any accompanying documentation are provided with
RESTRICTED RIGHTS. The use, modification, reproduction, release,
display, duplication or disclosure thereof by or on behalf of any
unit, division or agency of the Government is subject to the
restrictions set forth in subdivision (c)(1) of the Commercial
Computer Software-Restricted Rights clause at 48 CFR 52.227-19 and
the restrictions set forth in the Rights in Technical
Data-Non-commercial Items clause set forth in 48 CFR 252.227-7013.
9. 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
Agreement shall be subject to personal jurisdiction and venue in
the Federal Courts of the Northern District of California, and in
the California state courts of San Mateo 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.
EXHIBIT A.
The contents of this file are subject to the Anetd Community Software
License Version 1.5 (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.csl.sri.com/activate/. 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. Portions
of the software are Copyright (c) SRI International, 1998-2000. All rights
reserved.