LICENSE.txt

University at Buffalo Public License ("UBPL") Version 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 under Section 6.1, 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 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
Sections 3.1, 3.2, 3.3, 3.4 and 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. Versions of the License.

6.1. New Versions 

University at Buffalo ("UB") may publish revised and/or new versions of the
License from time to time. Each version will be given a distinguishing version
number. 

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 UB. No one other than UB has the right to modify the
terms applicable to Covered Code created under this License. 

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 (a) rename Your license so that the phrases "University at
Buffalo", "University at BuffaloPL", "UBPL" 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 University at Buffalo Public License.
(Filling in the name of the Initial Developer, Original Code or Contributor in
the notice described in Exhibit A shall not of themselves be deemed to be
modifications of this License.) 

6.4. Origin of License 

This License is derived from the familiar Mozilla Public License Version 1.1
("MPL") and differs only in that 1) the title now refers to UB to indicate
that UB is the licensor; 2) UB retains the sole right to publish revised
versions of this license (See 6.1 and 6.2); 3) Section 6.3 now refers to the
phrases "University at Buffalo", "University at BuffaloPL", "UBPL";  4) the
License shall be governed by law provisions of the state of New York and any
litigation relating to this License shall be subject to the jurisdiction of the
state and federal courts of the State of New York and all parties consent to
the exclusive personal jurisdiction of those courts (See 11); and 5) Research
Foundation of State University of New York, on behalf of University at Buffalo
is cited as the copyright owner of the original code (See Exhibit A).

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 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. 

8. Termination

8.1. 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. 

8.2. 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. 

8.3. 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. 

8.4. 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. 

9. 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. 

10. U.S. 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. 

11. 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 by law provisions of the state of
New York (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 the United States of America, any litigation relating to this
License shall be subject to the jurisdiction of the state and federal courts of
the State of New York and all parties consent to the exclusive personal
jurisdiction of those 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. 

12. 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. 

13. 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 Your choice of the
UBPL or the alternative licenses, if any, specified by the Initial Developer in
the file described in Exhibit A. 


Exhibit A - University at Buffalo Public License Version 1.0.  

The contents of this file are subject to the University at Buffalo 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
____________________________.

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 ______________________________________.

The Initial Developer of the Original Code is Research Foundation of State
University of New York, on behalf of University at Buffalo.

Portions created by the Initial Developer are Copyright (C) 2007 Research
Foundation of State University of New York, on behalf of University at Buffalo.
All Rights Reserved.

Contributor(s): ______________________________________.

Alternatively, the contents of this file may be used under the terms of either
the GNU General Public License Version 2 (the "GPL"), or the GNU Lesser General
Public License Version 2.1 (the "LGPL"), in which case the provisions of the
GPL or the LGPL are applicable instead of those above. If you wish to allow use
of your version of this file only under the terms of either the GPL or the
LGPL, and not to allow others to use your version of this file under the terms
of the UBPL, indicate your decision by deleting the provisions above and
replace them with the notice and other provisions required by the GPL or the
LGPL. If you do not delete the provisions above, a recipient may use your
version of this file under the terms of any one of the UBPL, the GPL or the
LGPL.  

[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.]