VP3.2 Public License

VP3.2 Public License 0.1\r\n\r\n(This license is derived from the Mozilla Public License 1.1 (MPL 1.1) from \r\nNetscape Communications, as found at www.opensource.com.  Material modifications \r\nhave been made through the addition of sections 2.1 (e) and 2.2 (e).)\r\n\r\n1. Definitions. \r\n\r\n1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code \r\navailable to a third party. \r\n\r\n1.1. "Contributor" means each entity that creates or contributes to the creation \r\nof Modifications. \r\n\r\n1.2. "Contributor Version" means the combination of the Original Code, prior \r\nModifications used by a Contributor, and the Modifications made by that \r\nparticular Contributor. \r\n\r\n1.3. "Covered Code" means the Original Code or Modifications or the combination \r\nof the Original Code and Modifications, in each case including portions thereof. \r\n\r\n1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in \r\nthe software development community for the electronic transfer of data. \r\n\r\n1.5. "Executable" means Covered Code in any form other than Source Code. \r\n\r\n1.6. "Initial Developer" means the individual or entity identified as the \r\nInitial Developer in the Source Code notice required by Exhibit A. \r\n\r\n1.7. "Larger Work" means a work which combines Covered Code or portions thereof \r\nwith code not governed by the terms of this License. \r\n\r\n1.8. "License" means this document. \r\n\r\n1.8.1. "Licensable" means having the right to grant, to the maximum extent \r\npossible, whether at the time of the initial grant or subsequently acquired, any \r\nand all of the rights conveyed herein. \r\n\r\n1.9. "Modifications" means any addition to or deletion from the substance or \r\nstructure of either the Original Code or any previous Modifications. When \r\nCovered Code is released as a series of files, a Modification is: \r\n\r\nA. Any addition to or deletion from the contents of a file containing Original \r\nCode or previous Modifications. \r\n\r\nB. Any new file that contains any part of the Original Code or previous \r\nModifications. \r\n \r\n1.10. "Original Code" means Source Code of computer software code which is \r\ndescribed in the Source Code notice required by Exhibit A as Original Code, and \r\nwhich, at the time of its release under this License is not already Covered Code \r\ngoverned by this License. \r\n\r\n1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter \r\nacquired, including without limitation,  method, process, and apparatus claims, \r\nin any patent Licensable by grantor. \r\n\r\n1.11. "Source Code" means the preferred form of the Covered Code for making \r\nmodifications to it, including all modules it contains, plus any associated \r\ninterface definition files, scripts used to control compilation and installation \r\nof an Executable, or source code differential comparisons against either the \r\nOriginal Code or another well known, available Covered Code of the Contributor's \r\nchoice. The Source Code can be in a compressed or archival form, provided the \r\nappropriate decompression or de-archiving software is widely available for no \r\ncharge. \r\n\r\n1.12. "You" (or "Your")  means an individual or a legal entity exercising rights \r\nunder, and complying with all of the terms of, this License or a future version \r\nof this License issued under Section 6.1. For legal entities, "You" includes any \r\nentity which controls, is controlled by, or is under common control with You. \r\nFor purposes of this definition, "control" means (a) the power, direct or \r\nindirect, to cause the direction or management of such entity, whether by \r\ncontract or otherwise, or (b) ownership of more than fifty percent (50%) of the \r\noutstanding shares or beneficial ownership of such entity.\r\n\r\n2. Source Code License. \r\n\r\n2.1. The Initial Developer Grant. \r\nThe Initial Developer hereby grants You a world-wide, royalty-free, non-\r\nexclusive license, subject to third party intellectual property claims: \r\n\r\n(a)  under intellectual property rights (other than patent or trademark) \r\nLicensable by Initial Developer to use, reproduce, modify, display, perform, \r\nsublicense and distribute the Original Code (or portions thereof) with or \r\nwithout Modifications, and/or as part of a Larger Work; and \r\n\r\n(b) under Patents Claims infringed by the making, using or selling of Original \r\nCode, to make, have made, use, practice, sell, and offer for sale, and/or \r\notherwise dispose of the Original Code (or portions thereof). \r\n \r\n(c) the licenses granted in this Section 2.1(a) and (b) are effective on the \r\ndate Initial Developer first distributes Original Code under the terms of this \r\nLicense. \r\n\r\n(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for \r\ncode that You delete from the Original Code; 2) separate from the Original Code;  \r\nor 3) for infringements caused by: i) the modification of the Original Code or \r\nii) the combination of the Original Code with other software or devices. \r\n\r\n(e) Notwithstanding Sections 2.1 (a), (b), and (c) above, no license\r\nis granted to You, under any intellectual property rights including patent \r\nrights, to modify the code in such a way as to create or accept data that is \r\nincompatible with data produced or accepted by the Original Code.  By way of \r\nexample but not limitation, a Modification that adds support for other \r\ncompression data such as MPEG-1 or MPEG-2 would be permissible, but only if the \r\nresulting Larger Work continues to support playback of VP3.2 data.  \r\nModifications that provide only playback or encode support are also permissible.  \r\nHowever, a Modification that adds support for encoding or playback of any non-\r\nVP3.2 compatible files or bitstreams without complementary support for VP3.2 \r\nencoding or playback would not be permissible, and no license is granted for \r\nsuch Modification(s).\r\n \r\n2.2. Contributor Grant. \r\nSubject to third party intellectual property claims, each Contributor hereby \r\ngrants You a world-wide, royalty-free, non-exclusive license \r\n  \r\n(a)  under intellectual property rights (other than patent or trademark) \r\nLicensable by Contributor, to use, reproduce, modify, display, perform, \r\nsublicense and distribute the Modifications created by such Contributor (or \r\nportions thereof) either on an unmodified basis, with other Modifications, as \r\nCovered Code and/or as part of a Larger Work; and \r\n\r\n(b) under Patent Claims infringed by the making, using, or selling of  \r\nModifications made by that Contributor either alone and/or in combination with \r\nits Contributor Version (or portions of such combination), to make, use, sell, \r\noffer for sale, have made, and/or otherwise dispose of: 1) Modifications made by \r\nthat Contributor (or portions thereof); and 2) the combination of  Modifications \r\nmade by that Contributor with its Contributor Version (or portions of such \r\ncombination). \r\n\r\n(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date \r\nContributor first makes Commercial Use of the Covered Code. \r\n\r\n(d)    Notwithstanding Section 2.2(b) above, no patent license is granted: 1) \r\nfor any code that Contributor has deleted from the Contributor Version; 2)  \r\nseparate from the Contributor Version;  3)  for infringements caused by: i) \r\nthird party modifications of Contributor Version or ii)  the combination of \r\nModifications made by that Contributor with other software  (except as part of \r\nthe Contributor Version) or other devices; or 4) under Patent Claims infringed \r\nby Covered Code in the absence of Modifications made by that Contributor.\r\n\r\ne) Notwithstanding Sections 2.2 (a), (b), and (c) above, no license\r\nmay be granted to You by Contributor, under any intellectual property rights \r\nincluding patent rights, to modify the code in such a way as to create or accept \r\ndata that is incompatible with data produced or accepted by the Original Code.  \r\nBy way of example but not limitation, a Modification that adds support for other \r\ncompression data such as MPEG-1 or MPEG-2 would be permissible, but only if the \r\nresulting Larger Work continues to support playback of VP3.2 data.  \r\nModifications that provide only playback or encode support are also permissible. \r\nHowever, a Modification that adds support for encoding or playback of any non-\r\nVP3.2 compatible files or bitstreams without complementary support for VP3.2 \r\nencoding or playback is not permissible, and no license is granted for such \r\nModification(s).\r\n\r\n3. Distribution Obligations. \r\n\r\n3.1. Application of License. \r\nThe Modifications which You create or to which You contribute are governed by \r\nthe terms of this License, including without limitation Section 2.2. The Source \r\nCode version of Covered Code may be distributed only under the terms of this \r\nLicense or a future version of this License released under Section 6.1, and You \r\nmust include a copy of this License with every copy of the Source Code You \r\ndistribute. You may not offer or impose any terms on any Source Code version \r\nthat alters or restricts the applicable version of this License or the \r\nrecipients' rights hereunder. However, You may include an additional document \r\noffering the additional rights described in Section 3.5. \r\n3.2. Availability of Source Code. \r\nAny Modification which You create or to which You contribute must be made \r\navailable in Source Code form under the terms of this License either on the same \r\nmedia as an Executable version or via an accepted Electronic Distribution \r\nMechanism to anyone to whom you made an Executable version available; and if \r\nmade available via Electronic Distribution Mechanism, must remain available for \r\nat least twelve (12) months after the date it initially became available, or at \r\nleast six (6) months after a subsequent version of that particular Modification \r\nhas been made available to such recipients. You are responsible for ensuring \r\nthat the Source Code version remains available even if the Electronic \r\nDistribution Mechanism is maintained by a third party. \r\n3.3. Description of Modifications. \r\nYou must cause all Covered Code to which You contribute to contain a file \r\ndocumenting the changes You made to create that Covered Code and the date of any \r\nchange. You must include a prominent statement that the Modification is derived, \r\ndirectly or indirectly, from Original Code provided by the Initial Developer and \r\nincluding the name of the Initial Developer in (a) the Source Code, and (b) in \r\nany notice in an Executable version or related documentation in which You \r\ndescribe the origin or ownership of the Covered Code. \r\n\r\n3.4. Intellectual Property Matters \r\n\r\n(a) Third Party Claims. \r\nIf Contributor has knowledge that a license under a third party's intellectual \r\nproperty rights is required to exercise the rights granted by such Contributor \r\nunder Sections 2.1 or 2.2, Contributor must include a text file with the Source \r\nCode distribution titled "LEGAL" which describes the claim and the party making \r\nthe claim in sufficient detail that a recipient will know whom to contact. If \r\nContributor obtains such knowledge after the Modification is made available as \r\ndescribed in Section 3.2, Contributor shall promptly modify the LEGAL file in \r\nall copies Contributor makes available thereafter and shall take other steps \r\n(such as notifying appropriate mailing lists or newsgroups) reasonably \r\ncalculated to inform those who received the Covered Code that new knowledge has \r\nbeen obtained. \r\n\r\n(b) Contributor APIs. \r\nIf Contributor's Modifications include an application programming interface and \r\nContributor has knowledge of patent licenses which are reasonably necessary to \r\nimplement that API, Contributor must also include this information in the LEGAL \r\nfile. \r\n \r\n(c)    Representations. \r\nContributor represents that, except as disclosed pursuant to Section 3.4(a) \r\nabove, Contributor believes that Contributor's Modifications are Contributor's \r\noriginal creation(s) and/or Contributor has sufficient rights to grant the \r\nrights conveyed by this License.\r\n\r\n3.5. Required Notices. \r\nYou must duplicate the notice in Exhibit A in each file of the Source Code.  If \r\nit is not possible to put such notice in a particular Source Code file due to \r\nits structure, then You must include such notice in a location (such as a \r\nrelevant directory) where a user would be likely to look for such a notice.  If \r\nYou created one or more Modification(s) You may add your name as a Contributor \r\nto the notice described in Exhibit A.  You must also duplicate this License in \r\nany documentation for the Source Code where You describe recipients' rights or \r\nownership rights relating to Covered Code.  You may choose to offer, and to \r\ncharge a fee for, warranty, support, indemnity or liability obligations to one \r\nor more recipients of Covered Code. However, You may do so only on Your own \r\nbehalf, and not on behalf of the Initial Developer or any Contributor. You must \r\nmake it absolutely clear than any such warranty, support, indemnity or liability \r\nobligation is offered by You alone, and You hereby agree to indemnify the \r\nInitial Developer and every Contributor for any liability incurred by the \r\nInitial Developer or such Contributor as a result of warranty, support, \r\nindemnity or liability terms You offer. \r\n\r\n3.6. Distribution of Executable Versions. \r\nYou may distribute Covered Code in Executable form only if the requirements of \r\nSection 3.1-3.5 have been met for that Covered Code, and if You include a notice \r\nstating that the Source Code version of the Covered Code is available under the \r\nterms of this License, including a description of how and where You have \r\nfulfilled the obligations of Section 3.2. The notice must be conspicuously \r\nincluded in any notice in an Executable version, related documentation or \r\ncollateral in which You describe recipients' rights relating to the Covered \r\nCode. You may distribute the Executable version of Covered Code or ownership \r\nrights under a license of Your choice, which may contain terms different from \r\nthis License, provided that You are in compliance with the terms of this License \r\nand that the license for the Executable version does not attempt to limit or \r\nalter the recipient's rights in the Source Code version from the rights set \r\nforth in this License. If You distribute the Executable version under a \r\ndifferent license You must make it absolutely clear that any terms which differ \r\nfrom this License are offered by You alone, not by the Initial Developer or any \r\nContributor. You hereby agree to indemnify the Initial Developer and every \r\nContributor for any liability incurred by the Initial Developer or such \r\nContributor as a result of any such terms You offer. \r\n\r\n3.7. Larger Works. \r\nYou may create a Larger Work by combining Covered Code with other code not \r\ngoverned by the terms of this License and distribute the Larger Work as a single \r\nproduct. In such a case, You must make sure the requirements of this License are \r\nfulfilled for the Covered Code.\r\n\r\n4. Inability to Comply Due to Statute or Regulation. \r\nIf it is impossible for You to comply with any of the terms of this License with \r\nrespect to some or all of the Covered Code due to statute, judicial order, or \r\nregulation then You must: (a) comply with the terms of this License to the \r\nmaximum extent possible; and (b) describe the limitations and the code they \r\naffect. Such description must be included in the LEGAL file described in Section \r\n3.4 and must be included with all distributions of the Source Code. Except to \r\nthe extent prohibited by statute or regulation, such description must be \r\nsufficiently detailed for a recipient of ordinary skill to be able to understand \r\nit.\r\n\r\n5. Application of this License. \r\nThis License applies to code to which the Initial Developer has attached the \r\nnotice in Exhibit A and to related Covered Code.\r\n\r\n6. Versions of the License. \r\n\r\n6.1. New Versions. \r\nOn2 Technologies, The Duck Corporation ("On2") may publish revised and/or new \r\nversions of the License from time to time. Each version will be given a \r\ndistinguishing version number. \r\n\r\n6.2. Effect of New Versions. \r\nOnce Covered Code has been published under a particular version of the License, \r\nYou may always continue to use it under the terms of that version. You may also \r\nchoose to use such Covered Code under the terms of any subsequent version of the \r\nLicense published by On2. No one other than On2 has the right to modify the \r\nterms applicable to Covered Code created under this License. \r\n\r\n6.3. Derivative Works. \r\nIf You create or use a modified version of this License (which you may only do \r\nin order to apply it to code which is not already Covered Code governed by this \r\nLicense), You must (a) rename Your license so that the phrases "VP3.2", "On2", \r\nor any confusingly similar phrase do not appear in your license (except to note \r\nthat your license differs from this License) and (b) otherwise make it clear \r\nthat Your version of the license contains terms which differ from the Vp3.2 \r\nPublic License. (Filling in the name of the Initial Developer, Original Code or \r\nContributor in the notice described in Exhibit A shall not of themselves be \r\ndeemed to be modifications of this License.)\r\n\r\n7. DISCLAIMER OF WARRANTY. \r\nCOVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT \r\nWARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT \r\nLIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, \r\nFIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE \r\nQUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE \r\nPROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER \r\nCONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. \r\nTHIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO \r\nUSE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.\r\n\r\n8. TERMINATION. \r\n\r\n8.1.  This License and the rights granted hereunder will terminate automatically \r\nif You fail to comply with terms herein and fail to cure such breach within 30 \r\ndays of becoming aware of the breach. All sublicenses to the Covered Code which \r\nare properly granted shall survive any termination of this License. Provisions \r\nwhich, by their nature, must remain in effect beyond the termination of this \r\nLicense shall survive. \r\n\r\n8.2.  If You initiate litigation by asserting a patent infringement claim \r\n(excluding declatory judgment actions) against Initial Developer or a \r\nContributor (the Initial Developer or Contributor against whom You file such \r\naction is referred to as "Participant")  alleging that: \r\n\r\n(a)  such Participant's Contributor Version directly or indirectly infringes any \r\npatent, then any and all rights granted by such Participant to You under \r\nSections 2.1 and/or 2.2 of this License shall, upon 60 days notice from \r\nParticipant terminate prospectively, unless if within 60 days after receipt of \r\nnotice You either: (i)  agree in writing to pay Participant a mutually agreeable \r\nreasonable royalty for Your past and future use of Modifications made by such \r\nParticipant, or (ii) withdraw Your litigation claim with respect to the \r\nContributor Version against such Participant.  If within 60 days of notice, a \r\nreasonable royalty and payment arrangement are not mutually agreed upon in \r\nwriting by the parties or the litigation claim is not withdrawn, the rights \r\ngranted by Participant to You under Sections 2.1 and/or 2.2 automatically \r\nterminate at the expiration of the 60 day notice period specified above. \r\n\r\n(b)  any software, hardware, or device, other than such Participant's \r\nContributor Version, directly or indirectly infringes any patent, then any \r\nrights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are \r\nrevoked effective as of the date You first made, used, sold, distributed, or had \r\nmade, Modifications made by that Participant. \r\n\r\n8.3.  If You assert a patent infringement claim against Participant alleging \r\nthat such Participant's Contributor Version directly or indirectly infringes any \r\npatent where such claim is resolved (such as by license or settlement) prior to \r\nthe initiation of patent infringement litigation, then the reasonable value of \r\nthe licenses granted by such Participant under Sections 2.1 or 2.2 shall be \r\ntaken into account in determining the amount or value of any payment or license. \r\n\r\n8.4.  In the event of termination under Sections 8.1 or 8.2 above,  all end user \r\nlicense agreements (excluding distributors and resellers) which have been \r\nvalidly granted by You or any distributor hereunder prior to termination shall \r\nsurvive termination.\r\n\r\n9. LIMITATION OF LIABILITY. \r\nUNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING \r\nNEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER \r\nCONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH \r\nPARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR \r\nCONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES \r\nFOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND \r\nALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN \r\nINFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL \r\nNOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S \r\nNEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME \r\nJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR \r\nCONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.\r\n\r\n10. U.S. GOVERNMENT END USERS. \r\nThe Covered Code is a "commercial item," as that term is defined in 48 C.F.R. \r\n2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial \r\ncomputer software documentation," as such terms are used in 48 C.F.R. 12.212 \r\n(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through \r\n227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with \r\nonly those rights set forth herein.\r\n\r\n11. MISCELLANEOUS. \r\nThis License represents the complete agreement concerning the subject matter \r\nhereof. If any provision of this License is held to be unenforceable, such \r\nprovision shall be reformed only to the extent necessary to make it enforceable. \r\nThis License shall be governed by the law provisions of New York(except to the \r\nextent applicable law, if any, provides otherwise), excluding its conflict-of-\r\nlaw provisions. With respect to disputes in which at least one party is a \r\ncitizen of, or an entity chartered or registered to do business in the United \r\nStates of America, any litigation relating to this License shall be subject to \r\nthe jurisdiction of the Federal Courts of the Southern District of New York, \r\nwith venue lying in New York County, New York, with the losing party responsible \r\nfor costs, including without limitation, court costs and reasonable attorneys' \r\nfees and expenses. The application of the United Nations Convention on Contracts \r\nfor the International Sale of Goods is expressly excluded. Any law or regulation \r\nwhich provides that the language of a contract shall be construed against the \r\ndrafter shall not apply to this License.\r\n\r\n12. RESPONSIBILITY FOR CLAIMS. \r\nAs between Initial Developer and the Contributors, each party is responsible for \r\nclaims and damages arising, directly or indirectly, out of its utilization of \r\nrights under this License and You agree to work with Initial Developer and \r\nContributors to distribute such responsibility on an equitable basis. Nothing \r\nherein is intended or shall be deemed to constitute any admission of liability.\r\n\r\n13. MULTIPLE-LICENSED CODE. \r\nInitial Developer may designate portions of the Covered Code as "Multiple-\r\nLicensed".  "Multiple-Licensed" means that the Initial Developer permits you to \r\nutilize portions of the Covered Code under Your choice of the NPL or the \r\nalternative licenses, if any, specified by the Initial Developer in the file \r\ndescribed in Exhibit A.\r\n\r\nEXHIBIT A -VP3.2 Public License. \r\n"The contents of this file are subject to the VP3.2 Public License Version 0.1 \r\n(the "License"); you may not use this file except in compliance with the \r\nLicense. You may obtain a copy of the License at \r\nhttp://www.vp3.com/license/ \r\nSoftware distributed under the License is distributed on an "AS IS" basis, \r\nWITHOUT WARRANTY OF \r\nANY KIND, either express or implied. See the License for the specific language \r\ngoverning rights and \r\nlimitations under the License. \r\nThe Original Code is ______________________________________. \r\nThe Initial Developer of the Original Code is ________________________. Portions \r\ncreated by \r\n ______________________ are Copyright (C) ______ _______________________. All \r\nRights \r\nReserved. \r\nContributor(s): ______________________________________. \r\nAlternatively, the contents of this file may be used under the terms of the \r\n_____ license (the  "[___] License"), in which case the provisions of [______] \r\nLicense are applicable  instead of those above.  If you wish to allow use of \r\nyour version of this file only under the terms of the [____] License and not to \r\nallow others to use your version of this file under the MPL, indicate your \r\ndecision by deleting  the provisions above and replace  them with the notice and \r\nother provisions required by the [___] License.  If you do not delete the \r\nprovisions above, a recipient may use your version of this file under either the \r\nMPL or the [___] License." \r\n\r\n[NOTE: The text of this Exhibit A may differ slightly from the text of the \r\nnotices in the Source Code files of the Original Code. You should use the text \r\nof this Exhibit A rather than the text found in the Original Code Source Code \r\nfor Your Modifications.]