Copyright © 2008 Georg Heidenreich, Erlangen, www.bexar.de
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing this License is not allowed.
The BEXAR License is a free license for Standards to be used by computer software and is intended to guarantee your freedom to share a Standard, distribute copies and to include it in your applications and charge users of your applications if you wish.
As modifications contradict the notion of Standards, the BEXAR License does NOT provide the right to alter, reduce or extend any licensed Standard.
To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of Standards or if you include Standards in applications: responsibilities to respect the freedom of others.
For example, if you distribute copies of such a Standard, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the Standard. And you must show them these BEXAR License terms so they know their rights.
Developers that use the BEXAR License protect your rights with two steps:
(1) assert copyright on the application including Standards and
(2) offer you this BEXAR License giving you legal permission to copy and/or distribute the standards included.
For the developers' and authors' protection, the BEXAR License clearly explains that there is no warranty for this free software.
For both users' and authors' sake, the BEXAR License requires that no modifications are distributed under the name of licensed standards, so that their problems will not be attributed erroneously to authors of previous versions.
Finally, every standard is threatened constantly by software patents. States should not allow patents to restrict development and use of standards on general-purpose computers, but in those that do, we wish to avoid the special danger that patents applied to a free standard could make it effectively proprietary. To prevent this, the BEXAR License assures that patents cannot be used to render the standard non-free.
“This License” refers to version 1 of the BEXAR License.
“Copyright” also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.
Each licensee is addressed as “you”. “Licensees” and “recipients” may be individuals or organizations.
To “include” a work means to combine all the work with software that is able to process the full, unmodified work. The resulting combined software is called an “application” of the earlier.
A “covered work” means the full, unmodified work.
A “Standard” is any identified, versioned electronic compilation of one or multiple technical definitions copyrighted under this License and provided in a representation that is convenient to be displayed to a human reader via widely available software. Representations include formats associated with “.doc”, “.txt”, “.html”, “.pdf”, “xml”. The ability of software to otherwise process the representation is not the main focus but a convenient option.
To “propagate” a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution, making available to the public, and in some countries other activities as well.
To “convey” a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays “Appropriate Legal Notices” to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.
A “contributor” is a copyright holder who authorizes use under this BEXAR License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's “contributor version”.
A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version.
For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.
2. Basic Permissions.
All rights granted under this License are granted for the term of copyright on the Standard, and are irrevocable - provided the stated conditions are met.
This License explicitly affirms your unlimited permission to use, copy and distribute the covered Standard (fully, unmodified).
The output from running an included, licensed Standard is covered by this License only if the output, given its content, potentially comprises the covered Standard (fully, unmodified).
This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate applications that you do NOT convey, without conditions so long as your license otherwise remains in force.
You may convey applications to others for the sole purpose of having them make modifications exclusively for you (contractor’s works), or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the applications for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you. Conveying under any other circumstances is permitted solely under the conditions stated below.
Sublicensing is not allowed.
You may charge any price or no price for each copy of the Standards or including Applications that you convey, and you may offer support or warranty protection for a fee.
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Standards of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.
You may convey verbatim copies of the Standard as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License, keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.
You may convey an Application including licensed Standards provided that you also convey the machine-readable Corresponding Standards under the terms of this License, in one of these ways:
a) convey Application accompanied by the Corresponding Standards fixed on a durable physical medium customarily used for software interchange.
b) convey Application in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Standards for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Standards from a network server at no charge.
c) convey Application with a copy of the written offer to provide the Corresponding Standards. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
d) convey Application by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Standards in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Standards along with the Application. If the place to copy the Application is a network server, the Corresponding Standards may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the Application saying where to find the Corresponding Standards. Regardless of what server hosts the Corresponding Standards, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
e) Convey the Application using peer-to-peer transmission, provided you inform other peers where the Application and Corresponding Standards of the work are being offered to the general public at no charge under subsection d).
A separable portion of the Application, whose source code is excluded from the Corresponding Standards as a System Library, need not be included in conveying the object code work.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.
In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Standards of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Standards to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
5. Disclaimer of Warranty:
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
6. Limitation of Liability:
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Interpretation of 5. “Disclaimer...” and 6. “Limitations..”:
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.