path: root/licenses/VPL-1.0

      Viag�nie Public License 1.0 (VPL 1.0)

      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.

           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.

      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. 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. 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.

      7. TERMINATION.

           7.1. 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.

           7.2. 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.

           7.3. 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.

           7.4.  In the event of termination under Sections 7.1 or
           7.2 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.

      8. 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.

      9. MISCELLANEOUS.

           This License represents the complete agreement concerning
           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 and be construed by laws of the
           Province of Quebec and the laws of Canada applicable
           therein (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 Canada, any litigation
           relating to this License shall be subject to the
           jurisdiction of the Federal Courts of the province of
           Quebec, with venue lying in Quebec city, Quebec, 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. 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.

      10. 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.

      11. 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 the VPL or the alternative
           licenses, if any, specified by the Initial Developer in
           the file described in Exhibit A.

      12. LANGUAGE OF AGREEMENT.

           You agree that this agreement be drafted in the English
           language. Vous acceptez que cette convention soit r�dig�e
           en anglais.

      EXHIBIT A - Viag�nie Public License.

           ``The contents of this file are subject to the Viag�nie
           Public License Version 1.0 (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.freenet6.net/VPL/

           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 _source code of the tunnel server
           protocol-client side_.

           The Initial Developer of the Original Code is Viag�nie .
           Portions created by __________ are Copyright (C)
           _________________________________.
           All Rights Reserved.

           Contributor(s): ______________________________________.