From 8231ea0aa0fff26a60695668300250302a066a81 Mon Sep 17 00:00:00 2001
From: johns <>
Date: Mon, 15 Jul 2002 00:52:17 +0000
Subject: [PATCH] VP31 3.2.5.0 src added.
---
doc/vp32_opensource_license_9-6-01.txt | 437 +++++++++++++++++++++++++
1 file changed, 437 insertions(+)
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+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.]