附录
APPENDIX
부 록
14
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.
License Author may publish revised and/or new
versions of the License from time to time. Each
version will be given a distinguishing version
number and shall be submitted to opensource.org
for certification.
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 Initial Developer. No one
other than Initial Developer 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, except in association with the required
Devloper Specific License described in section
6.4, (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 “Open”, “OpenPL”, “OPL”
or any confusingly similar phrase do not appear
anywhere in your license and (b) otherwise make
it clear that your version of the license contains
terms which differ from the Open 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. Required Additional Developer Specific
License
This license is a union of the following two parts
that should be found as text files in the same place
(directory), in the order of preeminence:
0. A Developer specific license.
1. The contents of this file OPL.html, stating the
general licensing policy of the software.
In case of conflicting dispositions in the parts of
this license, the terms of the lower- numbered
part will always be superseded by the terms of the
higher numbered part.
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS
LICENSE ON AN “AS IS” BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED
O R IM P L IE D , I N CL U DI NG , W I T H OU T
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 Termination upon Breach
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 that, by their nature, must
remain in effect beyond the termination of this
License shall survive.
8.2. Termination Upon Litigation.
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:
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.
a. any software, hardware, or device, other than
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