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
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