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<html>
<head>
<meta http-equiv="Content-Type" content="text/html; charset=UTF-8"/>
<title>DSTC Public License</title>
</head>
<body>
<h1>DSTC Public License (DPL)</h1>
<p>Version 1.1</p>
<h2>1. Definitions.</h2>
<p><b>1.0.1. "Commercial Use" </b>means distribution or otherwise making
the Covered Code available to a third party.</p>
<p><b>1.1. "Contributor"</b> means each entity that creates or
contributes to the creation of Modifications.</p>
<p><b>1.2. "Contributor Version"</b> means the combination of the
Original Code, prior Modifications used by a Contributor, and the
Modifications made by that particular Contributor.</p>
<p><b>1.3. "Covered Code"</b> means the Original Code or
Modifications or the combination of the Original Code and Modifications,
in each case including portions thereof<b>.</b></p>
<p><b>1.4. "Electronic Distribution Mechanism"</b> means a mechanism
generally accepted in the software development community for the
electronic transfer of data.</p>
<p><b>1.5. "Executable"</b> means Covered Code in any form other than
Source Code.</p>
<p><b>1.6. "Initial Developer"</b> means the individual or entity
identified as the Initial Developer in the Source Code notice required
by <b>Exhibit A</b>.</p>
<p><b>1.7. "Larger Work"</b> means a work which combines Covered Code
or portions thereof with code not governed by the terms of this
License.</p>
<p><b>1.8. "License"</b> means this document.</p>
<p><b>1.8.1. "Licensable"</b> 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.</p>
<p><b>1.9. "Modifications"</b> 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:</p>
<ul>
<li><b>A.</b> Any addition to or
deletion from the contents of a file containing Original Code or previous
Modifications.</li>
<li><b>B.</b> Any new file that contains any part of the Original Code
or previous Modifications.</li>
</ul>
<p><b>1.10. "Original Code"</b>
means Source Code of computer software code which is described in the Source
Code notice required by <b>Exhibit A</b> as Original Code, and which, at the
time of its release under this License is not already Covered Code governed by
this License.</p>
<p><b>1.10.1. "Patent Claims"</b> means any patent claim(s), now owned
or hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.</p>
<p><b>1.11. "Source Code"</b> 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.</p>
<p><b>1.12. "You" (or "Your")</b> 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.</p>
<h2>2. Source Code License.</h2>
<h3>2.1. The Initial Developer Grant.</h3>
<p>The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:</p>
<p><b>(a)</b> 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</p>
<p><b>(b)</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).</p>
<p><b>(c) </b>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.</p>
<p><b>(d) </b>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.</p>
<h3>2.2. Contributor Grant.</h3>
<p>Subject to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license</p>
<p><b>(a)</b> 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</p>
<p><b>(b)</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).</p>
<p><b>(c) </b>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.</p>
<p><b>(d)</b> 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.</p>
<h2>3. Distribution Obligations</h2>
<h3>3.1. Application of License.</h3>
<p>The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section <b>2.2</b>. 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 <b>6.1</b>, 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
<b>3.5</b>.</p>
<h3>3.2. Availability of Source Code.</h3>
<p>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.</p>
<h3>3.3. Description of Modifications.</h3>
<p>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.</p>
<h3>3.4. Intellectual Property Matters</h3>
<h4>(a) Third Party Claims.</h4>
<p>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.</p>
<h4>(b) Contributor APIs.</h4>
<p>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.</p>
<h4>(c) Representations.</h4>
<p>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.</p>
<h3>3.5. Required Notices.</h3>
<p>You must duplicate the notice in <b>Exhibit A</b> 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 <b>Exhibit A</b>. 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.</p>
<h3>3.6. Distribution of Executable Versions.</h3>
<p>You may distribute Covered Code in Executable form only if the
requirements of Section <b>3.1-3.5</b> 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 <b>3.2</b>. 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.</p>
<h3>3.7. Larger Works.</h3>
<p>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.</p>
<h2>4. Inability to Comply Due to Statute or Regulation.</h2>
<p>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 <b>3.4</b> 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.</p>
<h2>5. Application of this License.</h2>
<p>This License applies to code to which the Initial Developer has
attached the notice in <b>Exhibit A</b> and to related Covered Code.</p>
<h2>6. Versions of the License.</h2>
<h3>6.1. New Versions</h3>
<p>The Distributed Systems Technology Centre ("DSTC") may publish
revised and/or new versions of the License from time to time. Each
version will be given a distinguishing version number.</p>
<h3>6.2. Effect of New Versions</h3>
<p>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 DSTC. No one other
than DSTC has the right to modify the terms applicable to Covered Code
created under this License.</p>
<h3>6.3. Derivative Works</h3>
<p>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 "DSTC", "DPL" 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 DSTC Public
License. (Filling in the name of the Initial Developer, Original Code or
Contributor in the notice described in <b>Exhibit A</b> shall not of
themselves be deemed to be modifications of this License.)</p>
<h2>7. Disclaimer of Warranty.</h2>
<p>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.</p>
<h2>8. Termination.</h2>
<p><b>8.1. </b>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.</p>
<p><b>8.2.
</b>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:</p>
<p><b>(a) </b>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.</p>
<p><b>(b)</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.</p>
<p><b>8.3.
</b>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.</p>
<p><b>8.4.</b> 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.</p>
<h2>9. Limitation of Liability.</h2>
<p>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.</p>
<h2>10. U.S. Government End Users.</h2>
<p>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.</p>
<h2>11. Miscellaneous.</h2>
<p>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 by
Queensland, Australia law provisions (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
Australia, any litigation relating to this License shall be subject to
the jurisdiction of Australian Courts, 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.</p>
<h2>12. Responsibility for Claims.</h2>
<p>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.</p>
<h2>13. Multiple-licensed Code.</h2>
<p>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 DPL or the alternative licenses, if any, specified by the
Initial Developer in the file described in Exhibit A.</p>
<h2>14. High Risk Activities.</h2>
<p>The Software is not fault-tolerant and is not designed, manufactured
or intended for use or resale as on-line control equipment in hazardous
environments requiring fail-safe performance, such as in the operation
of nuclear facilities, aircraft navigation or communication systems, air
traffic control, direct life support machines, or weapons systems, in
which the failure of the Software could lead directly to death, personal
injury, or severe physical or environmental damage ("High Risk
Activities").</p>
<h2>EXHIBIT A - DSTC Public License.</h2>
<p>The contents of this file are subject to the DSTC Public License
Version 1.1 (the 'License'); you may not use this file except in
compliance with the License.</p>
<p>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.</p>
<p>The Original Code is ______________________________________.</p>
<p>The Initial Developer of the Original Code is
________________________. Portions created by ______________________ are
Copyright © _____________________________. All Rights
Reserved.</p>
<p>Contributor(s): ______________________________________.</p>
<p>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 DPL, 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 DPL or the [___]
License.'</p>
<p>[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.]</p>
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