Gobligine/doc/vp32_opensource_license_9-6-01.txt

VP3.2 Public License 0.1

(This license is derived from the Mozilla Public License 1.1 (MPL 1.1) from 
Netscape Communications, as found at www.opensource.com.  Material modifications 
have been made through the addition of sections 2.1 (e) and 2.2 (e).)

1. Definitions. 

1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code 
available to a third party. 

1.1. "Contributor" means each entity that creates or contributes to the creation 
of Modifications. 

1.2. "Contributor Version" means the combination of the Original Code, prior 
Modifications used by a Contributor, and the Modifications made by that 
particular Contributor. 

1.3. "Covered Code" means the Original Code or Modifications or the combination 
of the Original Code and Modifications, in each case including portions thereof. 

1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in 
the software development community for the electronic transfer of data. 

1.5. "Executable" means Covered Code in any form other than Source Code. 

1.6. "Initial Developer" means the individual or entity identified as the 
Initial Developer in the Source Code notice required by Exhibit A. 

1.7. "Larger Work" means a work which combines Covered Code or portions thereof 
with code not governed by the terms of this License. 

1.8. "License" means this document. 

1.8.1. "Licensable" means 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. 

1.9. "Modifications" means any addition to or deletion from the substance or 
structure of either the Original Code or any previous Modifications. When 
Covered Code is released as a series of files, a Modification is: 

A. Any addition to or deletion from the contents of a file containing Original 
Code or previous Modifications. 

B. Any new file that contains any part of the Original Code or previous 
Modifications. 
 
1.10. "Original Code" means Source Code of computer software code which is 
described in the Source Code notice required by Exhibit A as Original Code, and 
which, at the time of its release under this License is not already Covered Code 
governed by this License. 

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

1.11. "Source Code" means the preferred form of the Covered Code 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 Code or another well known, available Covered Code 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. 

1.12. "You" (or "Your")  means 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 any 
entity which controls, is controlled by, or is under common control with You. 
For 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 percent (50%) of the 
outstanding shares or beneficial ownership of such entity.

2. Source Code License. 

2.1. The Initial Developer Grant. 
The Initial Developer hereby grants You a world-wide, royalty-free, non-
exclusive license, subject to third party intellectual property claims: 

(a)  under intellectual property rights (other than patent or trademark) 
Licensable by Initial Developer to use, reproduce, modify, display, perform, 
sublicense and distribute the Original Code (or portions thereof) with or 
without Modifications, and/or as part of a Larger Work; and 

(b) under Patents Claims infringed by the making, using or selling of Original 
Code, to make, have made, use, practice, sell, and offer for sale, and/or 
otherwise dispose of the Original Code (or portions thereof). 
 
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the 
date Initial Developer first distributes Original Code 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 Code; 2) separate from the Original Code;  
or 3) for infringements caused by: i) the modification of the Original Code or 
ii) the combination of the Original Code with other software or devices. 

(e) Notwithstanding Sections 2.1 (a), (b), and (c) above, no license
is granted to You, under any intellectual property rights including patent 
rights, to modify the code in such a way as to create or accept data that is 
incompatible with data produced or accepted by the Original Code.  By way of 
example but not limitation, a Modification that adds support for other 
compression data such as MPEG-1 or MPEG-2 would be permissible, but only if the 
resulting Larger Work continues to support playback of VP3.2 data.  
Modifications that provide only playback or encode support are also permissible.  
However, a Modification that adds support for encoding or playback of any non-
VP3.2 compatible files or bitstreams without complementary support for VP3.2 
encoding or playback would not be permissible, and no license is granted for 
such Modification(s).
 
2.2. Contributor Grant. 
Subject to third party intellectual property claims, each Contributor hereby 
grants You a world-wide, royalty-free, non-exclusive license 
  
(a)  under intellectual property rights (other than patent or trademark) 
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 Code and/or as part of a Larger Work; and 

(b) under Patent Claims 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 
that Contributor (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 Code. 

(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 Code in the absence of Modifications made by that Contributor.

e) Notwithstanding Sections 2.2 (a), (b), and (c) above, no license
may be granted to You by Contributor, under any intellectual property rights 
including patent rights, to modify the code in such a way as to create or accept 
data that is incompatible with data produced or accepted by the Original Code.  
By way of example but not limitation, a Modification that adds support for other 
compression data such as MPEG-1 or MPEG-2 would be permissible, but only if the 
resulting Larger Work continues to support playback of VP3.2 data.  
Modifications that provide only playback or encode support are also permissible. 
However, a Modification that adds support for encoding or playback of any non-
VP3.2 compatible files or bitstreams without complementary support for VP3.2 
encoding or playback is not permissible, and no license is granted for such 
Modification(s).

3. 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 Code 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. However, You may include an additional document 
offering the additional rights described in Section 3.5. 
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 Code to which You contribute to contain a file 
documenting the changes You made to create that Covered Code and the date of any 
change. You must include a prominent statement that the Modification is derived, 
directly or indirectly, from Original Code provided by the Initial Developer and 
including the name of the Initial Developer 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 Code. 

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 Code that new knowledge has 
been obtained. 

(b) Contributor APIs. 
If Contributor's Modifications include an application programming interface 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 Code.  You may choose to offer, and to 
charge a fee for, warranty, support, indemnity or liability obligations to one 
or more recipients of Covered Code. However, You may do so only on Your own 
behalf, and not on behalf of the Initial Developer or any Contributor. You must 
make it absolutely clear than any such warranty, support, indemnity or liability 
obligation is offered by You alone, and You hereby agree to indemnify the 
Initial Developer and every Contributor for any liability incurred by the 
Initial Developer 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 Code in Executable form only if the requirements of 
Section 3.1-3.5 have been met for that Covered Code, and if You include a notice 
stating that the Source Code version of the Covered Code 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 
Code. You may distribute the Executable version of Covered Code 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 Initial Developer or any 
Contributor. You hereby agree to indemnify the Initial Developer and every 
Contributor for any liability incurred by the Initial Developer 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 Code with other code 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 Code.

4. 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 Code 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.

5. Application of this License. 
This License applies to code to which the Initial Developer has attached the 
notice in Exhibit A and to related Covered Code.

6. Versions of the License. 

6.1. New Versions. 
On2 Technologies, The Duck Corporation ("On2") 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 Code 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 Code under the terms of any subsequent version of the 
License published by On2. No one other than On2 has the right to modify the 
terms applicable to Covered Code created under this License. 

6.3. Derivative Works. 
If You create or use a modified version of this License (which you may only do 
in order to apply it to code which is not already Covered Code governed by this 
License), You must (a) rename Your license so that the phrases "VP3.2", "On2", 
or any confusingly similar phrase do not appear in your license (except to note 
that your license differs from this License) and (b) otherwise make it clear 
that Your version of the license contains terms which differ from the Vp3.2 
Public License. (Filling in the name of the Initial Developer, Original Code or 
Contributor in the notice described in Exhibit A shall not of themselves be 
deemed to be modifications of this License.)

7. DISCLAIMER OF WARRANTY. 
COVERED CODE 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 CODE 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 CODE IS WITH YOU. SHOULD ANY COVERED CODE 
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER 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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. 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 Code 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 Initial Developer or a 
Contributor (the Initial Developer 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.

9. LIMITATION OF LIABILITY. 
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING 
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER 
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, 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, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10. U.S. GOVERNMENT END USERS. 
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 
2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial 
computer software documentation," as such terms are used in 48 C.F.R. 12.212 
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with 
only those rights set forth herein.

11. MISCELLANEOUS. 
This License represents the complete agreement concerning the subject matter 
hereof. If any provision of this License is held to be unenforceable, such 
provision shall be reformed only to the extent necessary to make it enforceable. 
This License shall be governed by the law provisions of New York(except to the 
extent applicable law, if any, provides otherwise), excluding its conflict-of-
law provisions. With respect to disputes in which at least one party is a 
citizen of, or an entity chartered or registered to do business in the United 
States of America, any litigation relating to this License shall be subject to 
the jurisdiction of the Federal Courts of the Southern District of New York, 
with venue lying in New York County, New York, with the losing party responsible 
for costs, including without limitation, court costs and reasonable attorneys' 
fees and expenses. The application of the United Nations Convention on Contracts 
for the International Sale of Goods is expressly excluded. Any law or regulation 
which provides that the language of a contract shall be construed against the 
drafter shall not apply to this License.

12. RESPONSIBILITY FOR CLAIMS. 
As between Initial Developer and the Contributors, each party is responsible for 
claims and damages arising, directly or indirectly, out of its utilization of 
rights under this License and You agree to work with Initial Developer and 
Contributors to distribute such responsibility on an equitable basis. Nothing 
herein is intended or shall be deemed to constitute any admission of liability.

13. MULTIPLE-LICENSED CODE. 
Initial Developer may designate portions of the Covered Code as "Multiple-
Licensed".  "Multiple-Licensed" means that the Initial Developer permits you to 
utilize portions of the Covered Code under Your choice of the NPL or the 
alternative licenses, if any, specified by the Initial Developer in the file 
described in Exhibit A.

EXHIBIT A -VP3.2 Public License. 
"The contents of this file are subject to the VP3.2 Public License Version 0.1 
(the "License"); you may not use this file except in compliance with the 
License. You may obtain a copy of the License at 
http://www.vp3.com/license/ 
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 Code is ______________________________________. 
The Initial Developer of the Original Code is ________________________. Portions 
created by 
 ______________________ are Copyright (C) ______ _______________________. All 
Rights 
Reserved. 
Contributor(s): ______________________________________. 
Alternatively, the contents of this file may be used under the terms of the 
_____ license (the  "[___] License"), in which case the provisions of [______] 
License are applicable  instead of those above.  If you wish to allow use of 
your version of this file only under the terms of the [____] License and not to 
allow others to use your version of this file under the MPL, indicate your 
decision by deleting  the provisions above and replace  them with the notice and 
other provisions required by the [___] License.  If you do not delete the 
provisions above, a recipient may use your version of this file under either the 
MPL or the [___] License." 

[NOTE: The text of this Exhibit A may differ slightly from the text of the 
notices in the Source Code files of the Original Code. You should use the text 
of this Exhibit A rather than the text found in the Original Code Source Code 
for Your Modifications.]