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PSYSTAR PUBLIC LICENSE Version 1.0 - September, 1 2008 Please read this License carefully before downloading this software. By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software. 1. General; Definitions. This License applies to any program or other work which Psystar Corporation ("Psystar") makes publicly available and which contains a notice placed by Psystar identifying such program or work as "Original Code" and stating that it is subject to the terms of this Psystar Public License version 1.0 ("License"). As used in this License: 1.1 "Applicable Patent Rights" mean: (a) in the case where Psystar is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Psystar and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code. 1.2 "Contributor" means any person or entity that creates or contributes to the creation of Modifications. 1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof. 1.4 "Externally Deploy" means: (a) to sublicense, distribute or otherwise make Covered Code available, directly or indirectly, to anyone other than You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in any way to provide a service, including but not limited to delivery of content, through electronic communication with a client other than You. 1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. 1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code. 1.7 "Original Code" means (a) the Source Code of a program or other work as originally made available by Psystar under this License, including the Source Code of any updates or upgrades to such programs or works made available by Psystar under this License, and that has been expressly identified by Psystar as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Psystar under this License. 1.8 "Source Code" means the human readable form of a program or other work that is suitable 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 (object code). 1.9 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "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. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Psystar hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Psystar's Applicable Patent Rights and copyrights covering the Original Code, to do the following: 2.1 Unmodified Code. You may use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy verbatim, unmodified copies of the Original Code, for non-commercial purposes, provided that in each instance: (a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Psystar as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and (b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute or Externally Deploy, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6. 2.2 Modified Code. You may modify Covered Code and use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy Your Modifications and Covered Code, for non-commercial purposes, provided that in each instance You also meet all of these conditions: (a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code; (b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; and (c) If You Externally Deploy Your Modifications, You must make Source Code of all Your Externally Deployed Modifications either available to those to whom You have Externally Deployed Your Modifications, or publicly available. Source Code of Your Externally Deployed Modifications must be released under the terms set forth in this License, including the license grants set forth in Section 3 below, for as long as you Externally Deploy the Covered Code or twelve (12) months from the date of initial External Deployment, whichever is longer. You should preferably distribute the Source Code of Your Externally Deployed Modifications electronically (e.g. download from a web site). 2.3 Distribution of Executable Versions. In addition, if You Externally Deploy Covered Code (Original Code and/or Modifications) in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code. 2.4 Third Party Rights. You expressly acknowledge and agree that although Psystar and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Psystar or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Psystar and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code. 3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant to any person or entity receiving or distributing Covered Code under this License a non-exclusive, royalty-free, perpetual, irrevocable license, under Your Applicable Patent Rights and ot