H. ANU - Open Source License

AUSTRALIAN NATIONAL UNIVERSITY

OPEN SOURCE LICENSE (ANUOS LICENSE)

VERSION 1.2

DEFINITIONS

Associated Documentation and Data Files shall mean all files distributed in conjunction with the Original Software which are not computer program code.

Commercial Use shall mean distribution or otherwise making the Covered Software available to a third party.

Contributor shall mean each entity that creates or contributes to the creation of Modifications.

Contributor Version shall mean in case of any Contributor the combination of the Original Software, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor and in case of the Australian National University in addition the Original Software in any form, including the form as Executable.

Covered Software shall mean the Original Software and Associated Documentation and Data Files or Modifications or the combination of the Original Software and Associated Documentation and Data Files and Modifications, in each case including portions thereof.

Electronic Distribution Mechanism shall mean a mechanism generally accepted in the software development community for the electronic transfer of data.

Executable shall mean Covered Software in any form other than Source Code.

Initial Developer shall mean the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.

The Australian National University shall mean the Australian National University, ABN 52-234-063-906, a body corporate pursuant to the Australian National University Act 1991 of Canberra, in the Australian Capital Territory.

Larger Work shall mean a work, which combines Covered Software or portions thereof with code not governed by the terms of this License.

License shall mean this document.

Licensable shall mean 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 conveyed herein.

Modifications shall mean any addition to or deletion from the substance or structure of either the Original Software, the Associated Documentation and Data Files or any previous Modifications. When Covered Software is released as a series of files, a Modification is:
a) Any addition to or deletion from the contents of a file containing Original Software, Associated Documentation and Data Files or previous Modifications.
b) Any new file that contains any part of the Original Software, Associated Documentation and Data Files or previous Modifications.

Original Software shall mean the Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Software, and which, at the time of its release under this License is not already Covered Software governed by this License.

Patent Claims shall mean any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.

Source Code shall mean the preferred form of the Covered 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 source code differential comparisons against either the Original Software or another well known, available Covered Software 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.

You (or Your) shall mean an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, You includes an entity which controls, is controlled by, or is under common control with You. For the 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 more than fifty per cent ( $50\%$ ) of the outstanding shares or beneficial ownership of such entity.
SOURCE CODE LICENSE

2.1

The Australian National University Grant.
Subject to the terms of this License, the Australian National University hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
a) under copyrights Licensable by the Australian National University to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof) with or without Modifications, and/or as part of a Larger Work;
b) and under Patents Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).
c) The licenses granted in this Section 2.1(a) and (b) are effective on the date the Australian National University first distributes Original Software under the terms of this License.
d) Notwithstanding Section 2.1(b) above, no patent license is granted:
1) for code that You delete from the Original Software;
2) separate from the Original Software; or
3) for infringements caused by: i) the modification of the Original Software or ii) the combination of the Original Software with other software or devices.

2.2

Contributor Grant.
Subject to the terms of this License and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
a) under copyrights Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
b) under Patent Claims necessarily infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of:
1) Modifications made by thatContributor (or portions thereof); and
2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Software.
d) Notwithstanding Section 2.2(b) above, no patent license is granted:
1) for any code that Contributor has deleted from the Contributor Version;
2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or
4) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
DISTRIBUTION OBLIGATIONS

3.1

Application of License
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Software may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder.

3.2

Availability of Source Code
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.

3.3

Description of Modifications
You must cause all Covered Software to which You contribute to contain a file documenting the changes You made to create that Covered Software and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Software provided by the Australian National University and including the name of the Australian National University in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Software.

3.4

Intellectual Property Matters
a) Third Party Claims
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Software that new knowledge has been obtained.
b) Contributor APIs
If Contributor's Modifications include an application programming interface (API) and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
c) Representations
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.

3.5

Required Notices
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Software. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, You may do so only on Your own behalf, and not on behalf of the Australian National University or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Australian National University and every Contributor for any liability incurred by the Australian National University or such Contributor as a result of warranty, support, indemnity or liability terms You offer.

3.6

Distribution of Executable Versions
You may distribute Covered Software in Executable form only if the requirements of Sections 3.1-3.5 have been met for that Covered Software, and if You include a notice stating that the Source Code version of the Covered Software is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Software. You may distribute the Executable version of Covered Software or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Australian National University or any Contributor. You hereby agree to indemnify the Australian National University and every Contributor for any liability incurred by the Australian National University or such Contributor as a result of any such terms You offer.

3.7

Larger Works
You may create a Larger Work by combining Covered Software with other software not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.
INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Software due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
APPLICATION OF THIS LICENSE
This License applies to code to which the Australian National University has attached the notice in Exhibit A and to related Covered Software.
VERSIONS OF THE LICENSE

6.1

New Versions
The Australian National University may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.

6.2

Effect of New Versions
Once Covered Software has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Software under the terms of any subsequent version of the License published by the Australian National University. No one other than the Australian National University has the right to modify the terms applicable to Covered Software created under this License.
DISCLAIMER OF WARRANTY
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED 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 COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE AUSTRALIAN NATIONAL UNIVERSITY, ITS LICENSORS OR AFFILIATES 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 COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
TERMINATION

8.1

This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Software which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

8.2

If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against the Australian National University or a Contributor (the Australian National University or Contributor against whom You file such action is referred to as "Participant") alleging that:
a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.

8.3

If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.

8.4

In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE AUSTRALIAN NATIONAL UNIVERSITY, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY 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, BUT MAY ALLOW LIABILITY TO BE LIMITED; IN SUCH CASES, A PARTY'S, ITS EMPLOYEES', LICENSORS' OR AFFILIATES' LIABILITY SHALL BE LIMITED TO AUD $100. NOTHING CONTAINED IN THIS LICENSE SHALL PREJUDICE THE STATUTORY RIGHTS OF ANY PARTY DEALING AS A CONSUMER.
MISCELLANEOUS. This License represents the complete agreement concerning subject matter hereof. All rights in the Covered Software not expressly granted under this License are reserved. Nothing in this License shall grant You any rights to use any of the trademarks of the Australian National University or any of its Affiliates, even if any of such trademarks are included in any part of Covered Software and/or documentation to it. This License is governed by the laws of the Australian Capital Territory excluding its conflict-of-law provisions. All disputes or litigation arising from or relating to this Agreement shall be subject to the jurisdiction of the Supreme Court of the Australian Capital Territory. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
RESPONSIBILITY FOR CLAIMS
As between the Australian National University and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilisation of rights under this License and You agree to work with the Australian National University and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
MULTIPLE-LICENSED CODE
Initial Developer may designate portions of the Covered Software as Multiple-Licensed. Multiple-Licensed means that the Initial Developer permits You to utilize portions of the Covered Software under Your choice of the ANUOS License or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.

EXHIBIT A

AUSTRALIAN NATIONAL UNIVERSITY OPEN SOURCE LICENSE (ANUOS LICENSE) VERSION 1.2
The contents of this file are subject to the ANUOS License Version 1.2 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at:
http://datamining.anu.edu.au/linkage.html

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.

The Original Software is: ___________________________.

The Initial Developers of the Original Software are: ____________.

Copyright (C) 2002 - 2005 the Australian National University and others. All Rights Reserved.

Contributors: ___________________________

Alternatively, the contents of this file may be used under the terms of the GNU General Public License Version 2 or later (the "GPL"), in which case the provisions of the GPL are applicable instead of those above. The GPL is available at the following URL: http://www.gnu.org/ If you wish to allow use of your version of this file only under the terms of the GPL, and not to allow others to use your version of this file under the terms of the ANUOS License, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the GPL. If you do not delete the provisions above, a recipient may use your version of this file under the terms of any one of the ANUOS License or the GPL.

APPENDIX 1

DIFFERENCES BETWEEN THE ANUOS LICENSE VERSION 1.0, THE MOZILLA PUBLIC LICENSE VERSION 1.1 AND THE NOKIA OPEN SOURCE LICENSE (NOKOS LICENSE) VERSION 1.0A

The ANUOS License Version 1.0 was derived from the Mozilla Public License Version 1.1 using some of the changes to the Mozilla Public License embodied in the Nokia Open Source License (NOKOS License) Version 1.0a. The differences between the ANUOS License Version 1.0 (this document), the Mozilla Public License and the NOKOS License are as follows:

i.: The title of the license was changed to "Australian National University Open Source License (ANUOS License) Version 1.0".
ii.: Globally, all references to "Netscape Communications Corporation", "Mozilla", "Nokia" and "Nokia Corporation" were changed to "Australian National University".
iii.: Globally, the words "means", "Covered Code" and "Covered Software" as used in the Mozilla Public License were changed to "shall mean", "Covered Code" and "Covered Software" respectively, as used in the NOKOS License.
iv.: In Section 1 (Definitions) and Exhibit A, a definition of "the Australian National University" was added, a definition of "Associated Documentation and Data Files" was added and the definitions of "Covered Software", "Original Software" and "Modifications" were expanded to include "Associated Documentation and Data Files".
v.: In Section 2, the term "intellectual property rights" used in the Mozilla Public License was replaced by the term "copyrights" as used in the NOKOS License.
vi.: In Section 2.2 (Contributor Grant), the words "Subject to the terms of this License" which appear in the NOKOS License were added to the Mozilla Public License.
vii.: The sentence "However, You may include an additional document offering the additional rights described in Section 3.5." which appears in the Mozilla Public License was omitted.
viii.: Section 6.3 (Derivative Works) of the Mozilla Public License, which permits modifications to the Mozilla Public License, was omitted.
ix.: In Section 9 (Limitation of Liability), a maximum liability of AUD $100 was specified for those jurisdictions which do not allow complete exclusion of liability but which do allow limitation of liability. The sentence "NOTHING CONTAINED IN THE LICENSE SHALL PREJUDICE THE STATUTORY RIGHTS OF ANY PARTY DEALING AS A CONSUMER.", which appears in the NOKOS License but not in the Mozilla Public License, was added.
x.: Section 10 of the Mozilla Public License, which provides additional conditions for United States Government End Users, was omitted.
xi.: The governing law and jurisdiction for the settlement of disputes in Section 11 of the Mozilla Public License and Section 10 of the NOKOS License was changed to the laws of the Australian Capital Territory and the Supreme Court of the Australian Capital Territory respectively. The exclusion of the application of the United Nations Convention on Contracts for the International Sale of Goods which appears in the Mozilla Public License was omitted.
xii.: Section 13 (Multiple-Licensed Code) of the Mozilla Public License was omitted.
xiii.: The provisions for alternative licensing arrangement for contributed code which appear in Exhibit A of the Mozilla Public License were omitted.
xiv.: In Exhibit A the names of the Australian National University staff members who developed the software are specified in the identification of the Initial Developer.

APPENDIX 2

DIFFERENCES BETWEEN THE ANUOS LICENSE VERSION 1.1 AND THE ANUOS LICENSE VERSION 1.0

The ANUOS License Version 1.1 was derived from the ANUOS License Version 1.0. The differences between the ANUOS License Version 1.1 (this document) and the ANUOS License Version 1.0 are as follows:

i.: In Exhibit A the names of the Australian National University staff members who developed the software were updated to reflect changes in the development team. Specifically, the names of Drs Markus Hegland, Stephen Roberts and Ole Nielsen (Mathematical Sciences Institute, Australian National University) were removed.
ii.: In Exhibit A the copyright notice was update from "2002" to "2002, 2003".

APPENDIX 3

DIFFERENCES BETWEEN THE ANUOS LICENSE VERSION 1.2 AND THE ANUOS LICENSE VERSION 1.1

The ANUOS License Version 1.2 was derived from the ANUOS License Version 1.1. The differences between the ANUOS License Version 1.2 (this document) and the ANUOS License Version 1.1 are as follows:

i.: Section 12 (Multiple-Licensed Code) was added (corresponds to Section 13 of the Mozilla Public License).
ii.: In Exhibit A a link to the Febrl project web page was added, from where a copy of the License can be obtained.
iii.: In Exhibit A the copyright notice was update from "2002,2003" to "2002 - 2005".
iv.: In Exhibit A a description of multi-licensed code was added (taken from the Mozilla tri-license boilerplate). All text related to the GNU Lesser General Public License (the "LGPL") was removed from the Mozilla tri-license boilerplate.
v.: In Exhibit A the names of the Initial Developers of the Original Software are Dr Peter Christen (Department of Computer Science, Australian National University) and Dr Tim Churches (Centre for Epidemiology and Research, New South Wales Department of Health) have been removed and replaced by the sentence: "The Initial Developers of the Original Software are:"