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LAB Public License

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Version 1.0
As applied to the L.A.B. Project

LAB Project Licensing

Note:
This document contains both the exact LAB License scheme and some discussion to explain most parts as most readers are not challenged lawyers.
Attention informations are not integral part of the license text, but are discussion about the reasons of such legal terms.
Copyright © 2001-2004 DJ Anubis & The LAB Project - France.

Everyone is permitted to copy and distribute this license document provided it is distributed in an unmodified form. This limitation is only for text.
Everyone is granted the right to present it under a different style and presentation
Removal of Attention notices is NOT allowed.

License Summary

1. Definitions.

Attention:
While definitions are not usually an integral part of a licensing scheme, LAB Public License uses these terms and tries to explain their meaning to make as sure as possible the meanings are the same for LAB Project Core Team, Developers, End Users and Business Partners.
Such a term list definition is common in most French Contracts. So we conform to the usage.
The following terms, used trough this whole License Document, have the following meaning. Agreing with the License implies the full acceptance of these terms. No dispute will be accepted on the implied or misunderstood terms.
  1. COMMERCIAL_USE means distribution or otherwise making the COVERED CODE available to a third party against a fee.
    Attention:
    This term does not rely on money making only. It applies even when distribution of COVERED CODE is made available free of charge, but requires a mandatory support againts fees.
    As an exception, distribution made available for a reasonable fee, covering the duplication and delivery charges is allowed.
  2. ORIGINAL_AUTHOR means individual or entity who originated the COVERED CODE creation and writing. This entity or individual is identified as Author or Original Author in the SOURCE CODE notice required by EXHIBIT A - Lab Public License Required information.
    Attention:
    Official LAB Project files use the following copyright for the ORIGINAL_AUTHOR: © 2001-2004 by DJ Anubis.
    Other projects using this license or LARGER WORKs may have another copyright notice.
  3. CONTRIBUTOR means each entity that creates or contributes to the creation of MODIFICATIONS.
    Attention:
    This is standard in Open Source projects to refer to all people, individuals or entities, having contributed to stable code and good products. Contributors are at the heart of mainstream Open Source Projects and their participation have to be noticed.
  4. CONTRIBUTOR VERSION means the combination of the ORIGINAL CODE, prior MODIFICATIONS used by a CONTRIBUTOR, and the MODIFICATIONS made by that particular CONTRIBUTOR.
    Attention:
    This does not apply to patches or modifications suggested and introduced in the mainstream product. It deals with modified versions of COVERED CODE distributed without being introduced in the main stream. Sometimes also referred as forks in some documents.
  5. COVERED CODE means the ORIGINAL CODE or MODIFICATIONS or the combination of the ORIGINAL CODE and MODIFICATIONS, in each case including portions thereof.
    Attention:
    Inclusion of all or part of Original Source Code in another project is named COVERED CODE, for the included code covered by this license.
  6. ELECTRONIC DISTRIBUTION MECHANISM means a mechanism generally accepted in the software development community for the electronic transfer of data.
    Attention:
    This usually refers to download from some internet places. In a more general acceptance, means all Electronic Device used for distribution: magnetic tapes, disks, CD-ROM, DVD, Internet or yet to invent new means.
  7. 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.
  8. EXECUTABLE means COVERED CODE in any form other than Source CODE.
  9. LARGER WORK means a work which combines COVERED CODE or portions thereof with code not governed by the terms of this LICENSE.
    Attention:
    When combining code with different License shemes, you must be sure that all inclusions fit together. By general rule, interfacing with other code without including this other code in the work is not a combination as described by this term, but interoperability process.
  10. LICENSE means this document in its integrality, without reserve or disclaimer other than herein published.
    Attention:
    License acceptance implies you accept all terms of the License document. You cannot allegate against those terms, or you should refuse it and not use the COVERED CODE.
  11. 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.
    Attention:
    ORIGINAL AUTHOR is the first entity with this granting right. Grants are delegated to COVERED CODE users by ORIGINAL AUTHOR, CONTRIBUTORs or Business Partners.
  12. 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:
    1. Any addition to or deletion from the contents of a file containing ORIGINAL CODE or previous MODIFICATIONS.
    2. Any new file that contains any part of the ORIGINAL CODE or previous MODIFICATIONS.
  13. ORIGINAL CODE means SOURCE CODE of computer software code which is described in the SOURCE CODE notice required by EXHIBIT A - Lab Public License Required information. Original Code, and which, at the time of its release under this LICENSE is not already COVERED CODE governed by this LICENSE.
    Attention:
    CONTRIBUTOR VERSION and LARGER WORK do not gain the Original Code status. They must comply with rules edicted by this License for the included portion.
  14. PATENTS 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.
    Attention:
    This definition is given as USA Government Laws allow software patents. At the time of this License Version writing, EEC Laws do not accept software patents, but only Intellectual property or Industrial property.
  15. 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
    1. the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or
    2. ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
License Summary | LAB Project Licensing

2. Source Code License.

2.1. The Original Author Grant.

The ORIGINAL_AUTHOR hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

2.1.1 Intellectual Property Rights

Under intellectual property rights (other than patent or trademark) Licensable by ORIGINAL AUTHOR 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;
Attention:
Intellectual Property is proeminent in some Legal issues. Some courts and Laws, mainly in Europe, consider intellectual property as an inalienable right. This means intellectual property session is a non sense in Open Source world, but this mention has to be here to prevent disputes from some countries.

2.1.2 Patents Claims

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).
Attention:
This is of no use in Europe, but important if the ORIGINAL CODE can be distributed in Software Patent acceptance countries such as USA.

2.1.3 Effective Grants

The licenses granted in this Section 2.1.1 Intellectual Property Rights and 2.1.2 Patents Claims are effective on the date ORIGINAL_AUTHOR first distributes ORIGINAL CODE under the terms of this LICENSE.

2.1.4. Rejected Grants

Notwithstanding Section 2.1.2 Patents Claims 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:
    a) the modification of the ORIGINAL CODE or
    b) the combination of the ORIGINAL CODE with other software or devices.
Attention:
This means YOU are sole responsible in case of patent infringements when you modify or combine ORIGINAL CODE with other software. Deleted code or separate portions creating losses or other nuisance are de facto Section 8. License Termination. cases.

2.2 The Contributor Grant.

Subject to third party intellectual property claims, each CONTRIBUTOR hereby grants YOU a world-wide, royalty-free, non-exclusive LICENSE:
  1. 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
  2. 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).
    3. The licenses granted in Sections 2.1.1 Intellectual Property Rights and 2.1.2 Patents Claims are effective on the date CONTRIBUTOR first makes COMMERCIAL_USE of the COVERED CODE.
    4. Notwithstanding Section 2.1.2 Patents Claims above, no patent license is granted:
      a) for any code that CONTRIBUTOR has deleted from the CONTRIBUTOR VERSION;
      b) separate from the CONTRIBUTOR VERSION;
      c) For infringements caused by:
      1. Third party MODIFICATIONS of CONTRIBUTOR VERSION or
      2. The combination of MODIFICATIONS made by that CONTRIBUTOR with other software (except as part of the CONTRIBUTOR VERSION) or other devices; or
      3. under Patent Claims infringed by COVERED CODE in the absence of MODIFICATIONS made by that CONTRIBUTOR.
    Attention:
    Read Attention notices in 2.1. The Original Author Grant. as they apply to this Section.
License Summary | LAB Project Licensing

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 Contributor Grant.
Attention:
This says in full words that YOU cannot apply for this license and deliver Closed Source Software using or including all or part of the COVERED CODE. In case a multiple license sheme exists for COVERED CODE and you don't want to apply for this License, you must select a License which can fall in your needs. This is sometimes called Commercial License and noticed here as COMMERCIAL USE.

3.2. Availability of Source Code.

Attention:
Source Code MUST be publicly available to all users of MODIFICATIONS. Failing this constraint entitles YOU for 8. License Termination. terms.

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 MODIFICATIONS are derived, directly or indirectly, from ORIGINAL CODE provided by the ORIGINAL_AUTHOR and including the name of the ORIGINAL_AUTHOR in

  1. The SOURCE CODE, and
  2. In any notice in an EXECUTABLE version or related documentation in which YOU describe the origin or ownership of the COVERED CODE.

Attention:
This is the direct application to EXHIBIT A - Lab Public License Required information. constraint and a subsequent application of legal Intellectual Property as defined in Section 2. Source Code License.

3.4. Intellectual Property Matters

3.4.1. 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 Section 2. Source Code License., 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.
Attention:
This is a very important detail. One must give tribute to copyright holders of all included code. However, YOU, as CONTRIBUTOR, are responsible of making sure included third party code will not break the rules edicted by the LICENSE.
If CONTRIBUTOR obtains such knowledge after the MODIFICATIONS are made available as described in Section 3.2. Availability of Source Code., 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.
Attention:
As stated in previous paragraph, tribute to copyright holders for all includd code is mandatory. Notifying users of all copyright terms included in the software pieces they use is good usage and enforced by this clause.

3.4.2. 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.
Attention:
This section enforces the End User protection about patent license violations or Commercial License violations. If included API is available under multiple licensing schemes, LEGAL document must signal this and give End User a way to find which license applies to his usage of CONTRIBUTOR's MODIFICATIONS.

3.4.3. Representations.

CONTRIBUTOR represents that, except as disclosed pursuant to Section 3.4.1. Third Party Claims. 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.
Attention:
CONTRIBUTOR is responsble for his MODIFICATIONS. If MODIFICATIONS are not CONTRIBUTOR's original creation and/or he has not rights to grant the rights conveyed by this LICENSE, CONTRIBUTOR is not representative and his MODIFICATIONS cannot be allowed under this LICENSE terms.

3.5. Required Notices.

  1. YOU must duplicate the notice in EXHIBIT A - Lab Public License Required information. 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.
    Attention:
    This is mandatory. Failing to comply with this is a Section 8. License Termination. case, as this would break this LICENSE terms.
  2. If YOU created one or more MODIFICATIONS, YOU must add your name as a CONTRIBUTOR to the notice described in EXHIBIT A - Lab Public License Required information..
    Attention:
    Fair practice. YOU have to be credited for your work.
  3. 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 ORIGINAL AUTHOR or any CONTRIBUTOR and, as such, you are entitled to COMMERCIAL USE.

    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 ORIGINAL AUTHOR and every CONTRIBUTOR for any liability incurred by the ORIGINAL_AUTHOR or such CONTRIBUTOR as a result of warranty, support, indemnity or liability terms YOU offer.
    Attention:
    Offering warranty, support, liability obligations is a service and as such, deserves a fee. But you cannot sue ORIGINAL AUTHOR or a CONTRIBUTOR for YOUR own choice of extended services.

3.6. Distribution of EXECUTABLE Versions.

  1. YOU may distribute COVERED CODE in EXECUTABLE form only if the requirements of Sections 3.1. Application of License. to 3.5. Required Notices. 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. Availability of Source Code..
    Attention:
    This allows binary only distributions, specially when full source plus binary would lead to huge downloads or other distribution means.
    But you have to make source code publicly available, be this on a standard internet FTP site or via CD-ROM distribution. Distributing binary only versions of COVERED CODE without offering at no charge access to source code is strictly forbiden.
  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.
    Attention:
    Whatever license YOUR use of COVERED CODE is, YOU are not entitled to restrict in any form rights set forth in this LICENSE. If you want binary only distributions without source code access, you must choose other licensing schemes and not include COVERED CODE in your product.
    LAB Project license has a LAB Commercial License wich entitles you to binary only distribution of COVERED CODE, restricting this use to your LARGER WORK only distribution, but does not entitle you to resell COVERED CODE unmodified in binary only form.
  3. 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 ORIGINAL AUTHOR or any CONTRIBUTOR. YOU hereby agree to indemnify the ORIGINAL_AUTHOR and every CONTRIBUTOR for any liability incurred by the ORIGINAL_AUTHOR or such CONTRIBUTOR as a result of any such terms YOU offer.
    Attention:
    YOU are sole responsible for a chosen license, if you choose another licensng scheme.

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.
Attention:
This section refers to license compatibility. One cannot mix an Open Source only license with Closed Source products, except when this is namely stated compatible with both licenses.
License Summary | LAB Project Licensing

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:
  1. Inform ORIGINAL AUTHOR of statute, judicial or regulation incompatibility and ask for an allowance to specific limitations.
    Attention:
    ORIGINAL AUTHOR can allow you to distribute a LICENSE limited COVERED CODE, but you first must ask.
  2. Comply with the terms of this LICENSE to the maximum extent possible You cannot reject the whole LICENSE when only one statement is not acceptable du to regulations, statute or judicial order. Only the relevant statement may be discarded, after informing ORIGINAL AUTHOR.
  3. Describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4. Intellectual Property Matters 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.
    Attention:
    When previous 2 dispositions are fulfilled, you must, except where prohibited by regulation, document the limitations, the code they affect and the impact on the overall COVERED CODE.

License Summary | LAB Project Licensing

5. Application of this License.

This LICENSE applies to code to which the ORIGINAL_AUTHOR has attached the notice in EXHIBIT A - Lab Public License Required information. and to related COVERED CODE.
Attention:
notice in EXHIBIT A - Lab Public License Required information. is mandatory in all related COVERED CODE. Failure entitles for Section 8. License Termination. terms.
License Summary | LAB Project Licensing

6. Versions of the License.

6.1. New Versions.

LAB Project may publish revised and/or new versions of the LICENSE from time to time. Each version will be given a distinguishing version number. A new version may be published whenever regulations changes or when statute or judicial order arises. A new and enhanced version may also be published if the Open Source paradigm evolves.

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 LAB Project. No one other than LAB Project has the right to modify the terms applicable to COVERED CODE created under this LICENSE.
Attention:
Automatic LICENSE Version upgrade is the best choice, as future versions will reflect changes in regulations and Open Source paradigm evolutions.

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
  1. Rename Your license so that the phrases LAB Project, LAB, LABPL or any confusingly similar phrase do not appear in your license (except to note that your license differs from this LICENSE) and
  2. Otherwise make it clear that your version of the LICENSE contains terms which differ from the LAB Public LICENSE. (Filling in the name of the ORIGINAL AUTHOR, ORIGINAL CODE or CONTRIBUTOR in the notice described in EXHIBIT A - Lab Public License Required information. shall not of themselves be deemed to be MODIFICATIONS of this LICENSE.)
Attention:
You may create or modify this LICENSE to fit it to your needs. But changes do not apply to COVERED CODE or code published under the terms of this LICENSE.
Your new license must be renamed to a somewhat different name to avoid confusion.
License Summary | LAB Project Licensing

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 ORIGINAL_AUTHOR 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.

Attention:
This is the standard disclaimer found in most Software Code, be this Open Source or Commercial.
License Summary | LAB Project Licensing

8. License Termination.

8.1. Failure of compliance.

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.
Attention:
This is the comply with or quit statement. But YOUr LICENSE termination do not encompass sublicenses complying with the LICENSE. This is to protect End User rights.

8.2. Patent Infringment

If YOU initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against ORIGINAL_AUTHOR or a CONTRIBUTOR (the ORIGINAL_AUTHOR or CONTRIBUTOR against whom YOU file such action is referred to as Participant) alleging that:
  1. 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. The Original Author Grant. and/or 2.2 The Contributor Grant. of this LICENSE shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice YOU either:
    a) Agree in writing to pay Participant a mutually agreeable reasonable royalty for your past and future use of MODIFICATIONS made by such Participant, or
    b) 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 2.1. The Original Author Grant. and/or 2.2 The Contributor Grant. automatically terminate at the expiration of the 60 day notice period specified above.
  2. 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 2.1. The Original Author Grant. and/or 2.2 The Contributor Grant. are revoked effective as of the date YOU first made, used, sold, distributed, or had made, MODIFICATIONS made by that Participant.
Attention:
This statement is needed to deal with all those harassing patent infringement claims and avoid, whenever possible, very costly lawsuits.

8.3. Patent Resolution

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 2.1. The Original Author Grant. and/or 2.2 The Contributor Grant. shall be taken into account in determining the amount or value of any payment or license.
Attention:
This statement is needed to deal with all those harassing patent infringement claims and avoid, whenever possible, very costly lawsuits.

8.4. Termination Resolution

In the event of termination under 2.1. The Original Author Grant. and/or 2.2 The Contributor Grant. 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.
Attention:
This mention protects End Users and grants them implicit LICENSE use rights inherent to this LICENSE. This sounds fair, as End Users do not have to suffer of CONTRIBUTOR or LARGER WORK disputes against ORIGINAL AUTHOR.
License Summary | LAB Project Licensing

9. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL AUTHOR, 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.

Attention:
This standard limitation of liability, while often present, is mostly mentioned to prevent Users to lawsuit Open Source or Free (in sense of No Charge for) Software Authors.
License Summary | LAB Project Licensing

10. French Government End Users.

French Law enforces Intellectual Property with the Code de la Propriété Intellectuelle et Industrielle (Intellectual and Industrial Property Acts) (abridged in CPI in this section).

French Law states in CPI L. 111-1 that ORIGINAL AUTHOR has, on his work, by its creation fact, an Incorporal exclusive Intellectuual Property, opposable to everyone.

This means that, even when a LICENSE delegates extended rights to Licensees, Software is always protected by the above act. This implies a contractual LICENSE with a written acknowledgement.

Attention:
This explains why the terms of this LICENSE are so numerous. French regulations need some care to be compliant with all the CPI statements.
License Summary | LAB Project Licensing

11. USA 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.

Attention:
USA CFR can be tricky with Software Licensing. One must comply with the above regulations for the License have a Legal existence.
License Summary | LAB Project Licensing

12. 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.
Attention:
This LICENSE is the real contract between Users and Grantor.
This LICENSE shall be governed by French law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions.
Attention:
Standard juridiction definition. LAB Project being created and developed in France, French Laws must apply.
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 European Economic Community, any litigation relating to this LICENSE shall be subject to the jurisdiction of the Paris France Courts, with objections be laid to EEC Central Courts.
Attention:
Extension of previous paragraph to allow EEC Courts to be competent, in case of real dispute unlaid by French Courts.
The losing party is responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses.
Attention:
Fairly standard statement, in case of lawsuit.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly included. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this LICENSE. Translations of this LICENSE must be approved by ORIGINAL AUTHOR to be considered as valid.
Attention:
Drafter usage may be very dangerous. Better stay away.
License Summary | LAB Project Licensing

13. Responsibility for claims.

As between ORIGINAL_AUTHOR 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 ORIGINAL_AUTHOR and CONTRIBUTORs to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.

License Summary | LAB Project Licensing

14. MULTIPLE LICENSED CODE.

ORIGINAL AUTHOR may designate portions of the COVERED CODE as Multiple Licensed. Multiple Licensed means that the ORIGINAL AUTHOR permits you to utilize portions of the COVERED CODE under YOUR choice of the LAB Public License or the alternative licenses, if any, specified by the ORIGINAL AUTHOR in the file described in EXHIBIT A - Lab Public License Required information..
Attention:
Multiple Licensed Code does not allow you to use other licenses than the ones described in the liblicexa document. But it allows a choice of available licenses, each with its own constraints. This is a End User and LARGER WORK agreement.
License Summary | LAB Project Licensing

EXHIBIT A - Lab Public License Required information.

YOUR MODIFICATIONS or LARGER WORK must include the following header, acording to this LICENSE terms. The [] values must be replaced to reflect your real values. Otherwise verbatim Cut and Paste is mandatory.

/*
* [Your Application Name Here]
*
* File name....... : [yourfilename.ext]
* File version.... : [0.0.1]
* Revision Date... : [Thu Mar 04 2004]
*
* File Description : [Comprehensive file description]
*
* Author.......... : [This File Author]
* Contributors.... : [Contributor List]
* Copyright....... : (C) [2001-2004] by [Grantee]
* Email .......... : [anubis@lab-project.net]
*
* License :
*	The contents of this file are subject to
*	the Lab Public License Version 1.0 (the "License").
*	You may not use this file except in
*	compliance with the License.
*	A copy of the license is available in
*	<YourDocDirectory>/LABPUBLIC.txt
*
*	You should have received a copy of the
*	Lab Public License with this package.
*	If this is not the case, you can read it
*	or download it at:
*	http://www.lab-project.net/
*
*	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.
*
*	This file depends on LAB Project libraries
* 	and Tools. LAB Project libraries information follow:
*	Original Author : DJ Anubis <anubis@lab-project.net>
*	LAB Project libraries depend on:
*	1. Qt libraries and wiget set
*	   (C) Trolltech. http://www.trolltech.com
*	2. zlib data compression library.
*	   (C) Jean-loup Gailly and Mark Adler
*	3. libmcrypt and libmhash
*	   (C) Nikos Mavroyanopoulos and Sascha Schumann
*	All Rights Reserved for the above by their respective
*	Authors.
*
*	Alternatively, the contents of this file may be used under
*	the terms of:
*	1. Q Public License (QPL) QPL.txt
*	2. General Public License (GPL) GPL.txt
*	In which case, the provisions of those licenses are applicable
*	instead of those above.
*/

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Attention:
The text of this Exhibit may differ from the text of the notices in the Source Code files of the Original Code. You MUST use the text of this Exhibit rather than the text found in the Original Code Source Code for Your Modifications.
License Summary | LAB Project Licensing

 

L.A.B. Project © 2001-2004 LAB Project & DJ Anubis