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| 1 | + TERMS AND CONDITIONS |
| 2 | + FOR |
| 3 | + OPEN SOURCE CODE LICENSE |
| 4 | + Version 1.1 |
| 5 | + |
| 6 | +Japan Registry Services Co., Ltd. ("JPRS"), a Japanese corporation |
| 7 | +having its head office at Chiyoda First Bldg. East 13F 3-8-1 Nishi-Kanda, |
| 8 | +Chiyoda-ku, Tokyo 101-0065, Japan, grants you the license for open source |
| 9 | +code specified in EXHIBIT A the "Code" subject to the following Terms and |
| 10 | +Conditions ("OSCL"). |
| 11 | + |
| 12 | +1. License Grant. |
| 13 | + JPRS hereby grants you a worldwide, royalty-free, non-exclusive |
| 14 | + license, subject to third party intellectual property claims: |
| 15 | + (a) under intellectual property rights (other than patent or |
| 16 | + trademark) licensable by JPRS to use, reproduce, modify, display, |
| 17 | + perform, sublicense and distribute the Code (or portions thereof) |
| 18 | + with or without modifications, and/or as part of a derivative work; |
| 19 | + or |
| 20 | + (b) under claims of the infringement through the making, using, |
| 21 | + offering to sell and/or otherwise disposing the JPRS Revised Code |
| 22 | + (or portions thereof); |
| 23 | + (c) the licenses granted in this Section 1(a) and (b) are effective on |
| 24 | + the date JPRS first distributes the Code to you under the terms of |
| 25 | + this OSCL; |
| 26 | + (d) Notwithstanding the above stated terms, no patent license is |
| 27 | + granted: |
| 28 | + 1) for a code that you delete from the Code; |
| 29 | + 2) separate from the Code; or |
| 30 | + 3) for infringements caused by: |
| 31 | + i) modification of the Code; or |
| 32 | + ii) combination of the Code with other software or devices. |
| 33 | + |
| 34 | +2. Consents. |
| 35 | + You agree that: |
| 36 | + (a) you must include a copy of this OSCL and the notice set forth in |
| 37 | + EXHIBIT A with every copy of the Code you distribute; |
| 38 | + (b) you must include a copy of this OSCL and the notice set forth in |
| 39 | + EXHIBIT A with every copy of binary form of the Code in the |
| 40 | + documentation and/or other materials provided with the distribution; |
| 41 | + (c) you may not offer or impose any terms on any source code version |
| 42 | + that alters or restricts the applicable version of this OSCL or |
| 43 | + the recipients' rights hereunder. |
| 44 | + (d) If the terms and conditions are set forth in EXHIBIT A, you must |
| 45 | + comply with those terms and conditions. |
| 46 | + |
| 47 | +3. Proprietary Information. |
| 48 | + All trademarks, service marks, patents, copyrights, trade secrets, and |
| 49 | + other proprietary rights in or related to the Code are and will remain |
| 50 | + the exclusive property of JPRS or its licensors, whether or not |
| 51 | + specifically recognized or perfected under local law except specified |
| 52 | + in this OSCL; provided however you agree and understand that the JPRS |
| 53 | + name may not be used to endorse or promote this Code without prior |
| 54 | + written approval of JPRS. |
| 55 | + |
| 56 | +4. WARRANTY DISCLAIMER. |
| 57 | + JPRS MAKES NO REPRESENTATIONS AND WARRANTIES REGARDING THE USE OF THE |
| 58 | + CODE, NOR DOES JPRS MAKE ANY REPRESENTATIONS THAT THE CODE WILL BECOME |
| 59 | + COMMERCIALLY AVAILABLE. JPRS, ITS AFFILIATES, AND ITS SUPPLIERS DO NOT |
| 60 | + WARRANT OR REPRESENT THAT THE CODE IS FREE OF ERRORS OR THAT THE CODE |
| 61 | + IS SUITABLE FOR TRANSLATION AND/OR LOCALIZATION. THE CODE IS PROVIDED |
| 62 | + ON AN "AS IS" BASIS AND JPRS AND ITS SUPPLIERS HAVE NO OBLIGATION TO |
| 63 | + CORRECT ERRORS OR TO SUPPORT THE CODE UNDER THIS OSCL FOR ANY REASON. |
| 64 | + TO THE FULL EXTENT PERMITTED BY LAW, ALL OBLIGATIONS ARE HEREBY |
| 65 | + EXCLUDED WHETHER EXPRESS, STATUTORY OR IMPLIED UNDER LAW, COURSE OF |
| 66 | + DEALING, CUSTOM, TRADE USAGE, ORAL OR WRITTEN STATEMENT OR OTHERWISE, |
| 67 | + INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY |
| 68 | + OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE CODE. |
| 69 | + |
| 70 | +5. NO LIABILITY. |
| 71 | + UNDER NO CIRCUMSTANCES SHALL JPRS AND/OR ITS AFFILIATES, LICENSORS, OR |
| 72 | + REPRESENTATIVES BE LIABLE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO |
| 73 | + CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, |
| 74 | + WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS, INCLUDING, |
| 75 | + BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF |
| 76 | + MONEY, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE, IMPLIED |
| 77 | + WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT |
| 78 | + LIABILITY IN TORT, OR OTHERWISE. |
| 79 | + |
| 80 | +6. Indemnification. |
| 81 | + You hereby agree to indemnify, defend, and hold harmless JPRS for any |
| 82 | + liability incurred by JRPS due to your terms of warranty, support, |
| 83 | + indemnity, or liability offered by you to any third party. |
| 84 | + |
| 85 | +7. Termination. |
| 86 | +7.1 This OSCL shall be automatically terminated in the events that: |
| 87 | + (a) You fail to comply with the terms herein and fail to cure such |
| 88 | + breach within 30 days of becoming aware of the breach; |
| 89 | + (b) You initiate patent or copyright infringement litigation against |
| 90 | + any party (including a cross-claim or counterclaim in a lawsuit) |
| 91 | + alleging that the Code constitutes a direct or indirect patent or |
| 92 | + copyright infringement, in such case, this OSCL to you shall |
| 93 | + terminate as of the date such litigation is filed; |
| 94 | +7.2 In the event of termination under Sections 7.1(a) or 7.1(b) above, |
| 95 | + all end user license agreements (excluding distributors and |
| 96 | + resellers) which have been validly granted by You or any distributor |
| 97 | + hereunder prior to termination shall survive termination. |
| 98 | + |
| 99 | + |
| 100 | +8. General. |
| 101 | + This OSCL shall be governed by, and construed and enforced in |
| 102 | + accordance with, the laws of Japan. Any litigation or arbitration |
| 103 | + between the parties shall be conducted exclusively in Tokyo, Japan |
| 104 | + except written consent of JPRS provides other venue. |
| 105 | + |
| 106 | + |
| 107 | + EXHIBIT A |
| 108 | + |
| 109 | +The original open source code of idnkit-2 is idnkit-1.0 developed and |
| 110 | +conceived by Japan Network Information Center ("JPNIC"), a Japanese |
| 111 | +association, Kokusai-Kougyou-Kanda Bldg 6F, 2-3-4 Uchi-Kanda, |
| 112 | +Chiyoda-ku, Tokyo 101-0047, Japan, and JPRS modifies above original code |
| 113 | +under following Terms and Conditions set forth by JPNIC. |
| 114 | + |
| 115 | + JPNIC |
| 116 | + |
| 117 | +Copyright (c) 2000-2002 Japan Network Information Center. All rights reserved. |
| 118 | + |
| 119 | +By using this file, you agree to the terms and conditions set forth bellow. |
| 120 | + |
| 121 | + LICENSE TERMS AND CONDITIONS |
| 122 | + |
| 123 | +The following License Terms and Conditions apply, unless a different |
| 124 | +license is obtained from Japan Network Information Center ("JPNIC"), |
| 125 | +a Japanese association, Kokusai-Kougyou-Kanda Bldg 6F, 2-3-4 Uchi-Kanda, |
| 126 | +Chiyoda-ku, Tokyo 101-0047, Japan. |
| 127 | + |
| 128 | +1. Use, Modification and Redistribution (including distribution of any |
| 129 | + modified or derived work) in source and/or binary forms is permitted |
| 130 | + under this License Terms and Conditions. |
| 131 | + |
| 132 | +2. Redistribution of source code must retain the copyright notices as they |
| 133 | + appear in each source code file, this License Terms and Conditions. |
| 134 | + |
| 135 | +3. Redistribution in binary form must reproduce the Copyright Notice, |
| 136 | + this License Terms and Conditions, in the documentation and/or other |
| 137 | + materials provided with the distribution. For the purposes of binary |
| 138 | + distribution the "Copyright Notice" refers to the following language: |
| 139 | + "Copyright (c) 2000-2002 Japan Network Information Center. All rights reserved." |
| 140 | + |
| 141 | +4. The name of JPNIC may not be used to endorse or promote products |
| 142 | + derived from this Software without specific prior written approval of |
| 143 | + JPNIC. |
| 144 | + |
| 145 | +5. Disclaimer/Limitation of Liability: THIS SOFTWARE IS PROVIDED BY JPNIC |
| 146 | + "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT |
| 147 | + LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A |
| 148 | + PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL JPNIC BE LIABLE |
| 149 | + FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR |
| 150 | + CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF |
| 151 | + SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR |
| 152 | + BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, |
| 153 | + WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR |
| 154 | + OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF |
| 155 | + ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 156 | + |
| 157 | + |
| 158 | + JPRS Public License Notice |
| 159 | + For |
| 160 | + idnkit-2. |
| 161 | + |
| 162 | +The contents of this file are subject to the Terms and Conditions for |
| 163 | +the Open Source Code License (the "OSCL"). You may not use this file |
| 164 | +except in compliance with above terms and conditions. A copy of the OSCL |
| 165 | +is available at <http://jprs.co.jp/idn/>. |
| 166 | +The JPRS Revised Code is idnkit-2. |
| 167 | +The Initial Developer of the JPRS Revised Code is Japan Network |
| 168 | +Information Center ("JPNIC"), a Japanese association, |
| 169 | +Kokusai-Kougyou-Kanda Bldg 6F, 2-3-4 Uchi-Kanda, Chiyoda-ku, Tokyo |
| 170 | +101-0047, Japan. |
| 171 | +"Copyright (c) 2000-2002 Japan Network Information Center. All rights reserved." |
| 172 | +"Copyright (c) 2010-2012 Japan Registry Services Co., Ltd. All rights reserved." |
| 173 | +Contributor(s): ______________________________________. |
| 174 | + |
| 175 | +If you wish to allow use of your version of this file only under the |
| 176 | +above License(s) and not to allow others to use your version of this |
| 177 | +file, please indicate your decision by deleting the relevant provisions |
| 178 | +above and replacing them with the notice and other provisions required |
| 179 | +by the above License(s). If you do not delete the relevant provisions, |
| 180 | +a recipient may use your version of this file under either the above |
| 181 | +License(s). |
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