'ALAWAR PUBLIC LICENSE
ALAWAR CORPORATION (“ALAWAR”) IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. ALAWAR PROVIDES THIS INFORMATION ON AN "AS IS" BASIS. ALAWAR MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS ALAWAR PUBLIC LICENSE ("APL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, ALAWAR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
“Derivative Work”shall mean a work that is based upon one or more preexisting Works, such as a revision, modification, translation, abridgement, condensation, expansion, or any other form in which such preexisting Works may be recast, transformed, or adapted, and that, if prepared without authorization of the owner of the copyright in such preexisting work, would constitute a copyright infringement. For purposes hereof, a Derivative Work shall also include any compilation that incorporates such a preexisting Work.
"Distribute" means to make available to the public the original and copies of the Work or Derivative work, as appropriate, through sale or other transfer of ownership.
"License Elements" means the following license attributes as selected by Alawar and indicated in the title of this License: Attribution, Share Alike, Noncommercial.
"Work" means software, including both the Source Code and the Object Code therefor, along with all or any documentation and other written materials developed and owned by Alawar.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from Alawar to exercise rights under this License despite a previous violation.
"Publicly Perform" means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process,; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance.
"Reproduce" means to make copies of the Work by any means and on any media.
2. 'Fair Dealing Rights.
Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.
3. 'License Grant.
Subject to the terms and conditions of this License, Alawar hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to create and Reproduce Derivative works provided that any such Derivative work takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a modification could indicate "The original work has been modified";
to Distribute and Publicly Perform the Work; and,
to Distribute and Publicly Perform Derivative works.
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Alawar are hereby reserved, including but not limited to the rights described in Section 4.
The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may Distribute or Publicly Perform the Work or Derivative work only under: (i) the terms of this License; (ii) a later version of this License with the same License Elements as this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work or Derivative work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work or Derivative work that restrict the terms of this License or the ability of the recipient of the Work or Derivative work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work or Derivative work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work or Derivative work, You may not impose any effective technological measures on the Work or Derivative work that restrict the ability of a recipient of the Work or Derivative work from You to exercise the rights granted to that recipient under the terms of the License.
You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work or Derivative work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
If You Distribute, or Publicly Perform the Work or any Derivative works, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of Alawar ; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Alawar specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and, (iv) consistent with Section 3(b), in the case of an Derivative work, a credit identifying the use of the Work in the Derivative work (e.g., "Software based on original Work by Alawar"). The credit required by this Section 4(c) may be implemented in any reasonable manner. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by Alawar, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of Alawar.
For the avoidance of doubt:
Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, Alawar reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License.
Except as otherwise agreed in writing by Alawar or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Derivative works, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Alawar's goodwill.
5. 'Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALAWAR OFFERS THE WORK “AS IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
<span />'6. 'Limitation on Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW , IN NO EVENT WILL ALAWAR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY FORM ARISING OUT OF THIS LICENSE, USE OF THE WORK, TORT, NEGLIGENCE, STRICT LIABILITY, EQUITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OVERHEAD, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ALAWAR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Alawar reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License, and this License will continue in full force and effect unless terminated as stated above.
<span />'8. 'Miscellaneous
Each time You Distribute or Publicly Perform the Work, Alawar offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You Distribute or Publicly Perform an Derivative work, Alawar offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Alawar shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of Alawar and You.
These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
9. 'Alawar Notice
Except for the limited purpose of indicating to the public that the Work is licensed under the APL, Alawar does not authorize the use by either party of the trademark "Alawar" or any related trademark or logo of Alawar without the prior written consent of Alawar. Any permitted use will be in compliance with Alawar then-current trademark usage guidelines, as may be published on its website or otherwise made available upon request from time to time. For the avoidance of doubt, this trademark restriction does not form part of this License.