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LICENSE.txt
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Gaussian Interface Code
Open-Source Public License
Version 1.0
1. Definitions
1.1. "CONTRIBUTOR"
means each individual or legal entity that creates, contributes to
the creation of, or owns Covered Software.
1.2. "CONTRIBUTION"
means Covered Software of a particular CONTRIBUTOR.
1.3. "CONTRIBUTOR VERSION"
means the combination of the CONTRIBUTIONS of others (if any) used
by a CONTRIBUTOR and that particular CONTRIBUTOR's Contribution.
1.4. "COVERED SOFTWARE"
means Source Code Form to which the initial CONTRIBUTOR has attached
the notice in Exhibit A, the Executable Form of such Source Code
Form, and Modifications of such Source Code Form, in each case
including portions thereof.
1.5. "EXECUTABLE FORM"
means any form of the work other than Source Code Form.
1.6. "LARGER WORK"
means a work that combines COVERED SOFTWARE with other material, in
a separate file or files, that is not COVERED SOFTWARE.
1.7. "LICENSE"
means this document.
1.8. "LICENSABLE"
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently, any and
all of the rights conveyed by this LICENSE.
1.9. "MODIFICATIONS"
means any of the following:
1. any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of Covered
Software; or
2. any new file in Source Code Form that contains any COVERED SOFTWARE.
1.10. "PATENT CLAIMS" of a CONTRIBUTOR
means any patent claim(s), including without limitation, method,
process, and apparatus claims, in any patent LICENSABLE by such
CONTRIBUTOR that would be infringed, but for the grant of the
LICENSE, by the making, using, selling, offering for sale, having
made, import, or transfer of either its CONTRIBUTIONS or its
CONTRIBUTOR VERSION.
1.11. "SOURCE CODE FORM"
means the form of the work preferred for making modifications.
1.12. "YOU" (OR "YOUR")
means an individual or a legal entity exercising rights under this
LICENSE. For legal entities, "YOU" includes any entity that
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. License Grants and Conditions
2.1. Grants
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 such CONTRIBUTOR to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
CONTRIBUTIONS, either on an unmodified basis, with MODIFICATIONS, or
as part of a LARGER WORK; and
2. under PATENT CLAIMS of such CONTRIBUTOR to make, use, sell, offer
for sale, have made, import, and otherwise transfer either its
CONTRIBUTIONS or its CONTRIBUTOR VERSION.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any CONTRIBUTION
become effective for each CONTRIBUTION on the date the CONTRIBUTOR
first distributes such CONTRIBUTION.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted
under this LICENSE. No additional rights or licenses will be implied
from the distribution or licensing of COVERED SOFTWARE under this
LICENSE. Notwithstanding Section 2.1(1) above, no patent license is
granted by a CONTRIBUTOR:
1. for any code that a CONTRIBUTOR has removed from COVERED SOFTWARE; or
2. for infringements caused by: (i) YOUR and any other third party's
modifications of COVERED SOFTWARE, or (ii) the combination of its
CONTRIBUTIONS with other software (except as part of its
CONTRIBUTOR Version); or
3. under PATENT CLAIMS infringed by COVERED SOFTWARE in the absence of
its CONTRIBUTIONS.
This LICENSE does not grant any rights in the trademarks, service
marks, or logos of Gaussian, Inc. or any CONTRIBUTOR (except as may be
necessary to comply with the notice requirements in Section 3.4).
2.4. Representation
Each CONTRIBUTOR represents that the CONTRIBUTOR believes its
CONTRIBUTIONS are its original creation(s) or it has sufficient rights
to grant the rights to its CONTRIBUTIONS conveyed by this LICENSE.
2.5. Fair Use
This License is not intended to limit any rights YOU have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.
2.6. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
in Section 2.1.
3. Responsibilities
3.1. Distribution of Source Form
All distribution of COVERED SOFTWARE in SOURCE CODE FORM, including
any MODIFICATIONS that YOU create or to which YOU contribute, must be
under the terms of this License. YOU must inform recipients that the
SOURCE CODE FORM of the COVERED SOFTWARE is governed by the terms of
this License, and how they can obtain a copy of this License. YOU may
not attempt to alter or restrict the recipients' rights in the SOURCE
CODE FORM.
3.2. Distribution of EXECUTABLE FORM
If YOU distribute COVERED SOFTWARE in EXECUTABLE FORM, including any
MODIFICATIONS that YOU create or to which YOU contribute, then:
1. such COVERED SOFTWARE must also be made available in Source Code
Form, as described in Section 3.1, and YOU must inform recipients
of the EXECUTABLE FORM how they can obtain a copy of such Source
Code Form by reasonable means in a timely manner, at a charge no
more than the cost of distribution to the recipient; and
2. YOU may distribute such EXECUTABLE FORM under the terms of this
License, or sublicense it under different terms, provided that the
license for the EXECUTABLE FORM does not attempt to limit or alter
the recipients' rights in the SOURCE CODE FORM, including any
MODIFICATIONS that YOU create or to which YOU contribute, under
this License.
3.3. Notices
YOU may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the SOURCE CODE FORM of
the COVERED SOFTWARE, except that YOU may alter any license notices to
the extent required to remedy known factual inaccuracies.
3.4. Application of Additional Terms
YOU may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of
COVERED SOFTWARE. However, YOU may do so only on YOUR own behalf, and
not on behalf of any CONTRIBUTOR. YOU must make it absolutely clear
that any such warranty, support, indemnity, or liability obligation is
offered by YOU alone, and YOU hereby agree to indemnify every
CONTRIBUTOR for any liability incurred by such CONTRIBUTOR as a result
of warranty, support, indemnity or liability terms YOU offer. YOU may
include additional disclaimers of warranty and limitations of
liability specific to any jurisdiction.
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 SOFTWARE 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 placed in a text file included with all distributions of the
COVERED SOFTWARE under this License. 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. Termination
5.1. The rights granted under this License will terminate
automatically if YOU fail to comply with any of its terms. However, if
YOU become compliant, then the rights granted under this License from
a particular CONTRIBUTOR are reinstated (a) provisionally, unless and
until such CONTRIBUTOR explicitly and finally terminates YOUR grants,
and (b) on an ongoing basis, if such CONTRIBUTOR fails to notify YOU
of the non-compliance by some reasonable means prior to 60 days after
YOU have come back into compliance. Moreover, YOUR grants from a
particular CONTRIBUTOR are reinstated on an ongoing basis if such
CONTRIBUTOR notifies YOU of the non-compliance by some reasonable
means, this is the first time YOU have received notice of
non-compliance with this License from such CONTRIBUTOR, and YOU become
compliant prior to 30 days after YOUR receipt of the notice.
5.2. If YOU initiate litigation against any entity by asserting a
patent infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a CONTRIBUTOR VERSION
directly or indirectly infringes any patent, then the rights granted
to YOU by any and all CONTRIBUTORs for the COVERED SOFTWARE under
Section 2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers)
which have been validly granted by YOU or YOUR distributors under this
License prior to termination shall survive termination.
6. Disclaimer of Warranty
COVERED SOFTWARE is provided under this License on an "as is" basis,
without warranty of any kind, either expressed, implied, or statutory,
including, without limitation, warranties that the COVERED SOFTWARE 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 SOFTWARE is with YOU. Should any COVERED SOFTWARE prove
defective in any respect, YOU (not any 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 SOFTWARE is authorized under this License except under this
disclaimer.
7. Limitation of Liability
Under no circumstances and under no legal theory, whether tort
(including negligence), contract, or otherwise, shall any CONTRIBUTOR,
or anyone who distributes COVERED SOFTWARE as permitted above, be
liable to YOU for any direct, indirect, special, incidental, or
consequential damages of any character including, without limitation,
damages for lost profits, 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.
8. Litigation
Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business and such litigation shall be governed by laws of
that jurisdiction, without reference to its conflict-of-law
provisions. Nothing in this Section shall prevent a party's ability
to bring cross-claims or counter-claims.
9. Miscellaneous
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a CONTRIBUTOR.
10. Versions of the License
This is the sole applicable version of this License. It is a
modification of the Mozilla Public License version 2.0, but the
Mozilla Foundation is not responsible for this version of the license
and no modifications made to the Mozilla Public License apply to this
contract.
Exhibit A - SOURCE CODE FORM License Notice
This source code is subject to the terms of the Gaussian Interface
Code Public License, v. 1.0. A copy of this license should have
been distributed with this file, but is also available on the
Gaussian website, http://gaussian.com/public-licensev1.0
If it is not possible or desirable to put the notice in a particular
file, then YOU may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to
look for such a notice.