Subject: For Approval: Broad Institute Public License (BIPL)
From: "Rory Pheiffer" <rpp@MIT.EDU>
Date: Tue, 11 Jul 2006 13:08:40 -0400
Tue, 11 Jul 2006 13:08:40 -0400
Hello Discussion Board,

 

I e-mailed you just over two months ago with regard to my submission of the
Broad Institute Public License (BIPL) for approval.  Russ informed me today
that my original e-mail did not have the proper Subject header, and
therefore, he asked me to resubmit the license for discussion.  A discussion
on this license already occurred between May 8th and May 19th, and can be
found here: http://crynwr.com/cgi-bin/ezmlm-cgi?3:sss:11537.  In case you
failed to see this discussion initially because of the improperly labeled
header, please take a moment to review the license and provide your
comments.  I have also included the initial e-mail I sent to this list back
on May 8th.

 

We are anxious to have this license approved.  Thank you for your
consideration.

 

Regards,

Rory

 

 

 

 

Hello,

 

I am writing to begin a discussion about the license we (the Massachusetts
Institute of Technology or MIT for short) recently submitted to the Open
Source Initiative for approval as an OSI Certified license.  The title of
the license is the Broad (pronounced Brr-ode as opposed to Brr-awed)
Institute Public License, or BIPL for short.  Below please find the three
sections which your group has asked me to address:

 

 

SECTION ONE - Most Similar OSI Certified License to the BIPL.

 

The OSI Certified license that is most similar to the BIPL is the Mozilla
Public License (MPL).  However, because of the Broad Institute's affiliation
with MIT, and further because of MIT's unique situation as a very large
research and educational institution, we could not distribute software under
all of the MPL's terms.

 

The most significant reason why we could not use the MPL is because MIT
cannot agree to grant a license to any MIT-owned patent that may end up
being associated with the software.  This is because it is virtually
impossible for MIT to know if any of its many professors, researchers,
investigators, or students have, are, or will do work that gives rise to a
patent claim that covers use of its software under the BIPL.  MIT cannot
grant rights to these patent claims because the professors, researchers,
investigators, or students involved with the patent claim would not have an
opportunity to make decisions regarding the licensing of these patent claims
if a blind patent grant was part of a license that we distribute under.  The
patent grant in the MPL is an encumbrance that MIT cannot agree to give.

 

In the process of modifying the MPL to not include a grant to MIT-owned
patents, other less significant changes were also made.  These changes
resulted from cleaning up the current MPL to reflect MIT-preferred language
in some areas and to clear up areas of the MPL that can often be confusing.
As a whole though, the only major difference between the MPL and BIPL is the
loss of the patent grant language found in section 2.1 of the MPL.

 

 

SECTION TWO - Use in Conjunction with Software Distributed Under Other Open
Source Licenses.

 

Because we have incorporated many of the ideas of the MPL into the BIPL,
software distributed under the BIPL can easily be used in conjunction with
software distributed under other open source licenses.  Both sections 3.6
and sections 12 of the BIPL allow for such distribution.  It is likely that
derivative and combined works would be licensed under the BIPL, but because
of its versatility, there is no reason the rest of the work could not be
licensed under another open source license so long as the requirements of
the BIPL are met for the Covered Code.  We are not aware of any software
license that would be entirely incompatible with the BIPL, although if a
license is entirely incompatible with the MPL, it would also likely be
incompatible with the BIPL.

 

 

SECTION THREE - Plain Text Version of the BIPL.

 

I have attached two documents to this e-mail to aid the discussion.  The
first is a Text and HTML version of the BIPL (entitled Broad Institute
Public License Clean 2006-05-05).  If for some reason you have difficulty
reading this attachment, you can also find the license here:
http://web.mit.edu/afs/athena.mit.edu/user/r/p/rpp/www/.  The second is a
comparison of the BIPL to the MPL, performed using Deltaview but saved as
both a Microsoft Word and HTML file (entitled DV Comparison - MPL vs BIPL
2006-05-05).

 

 

I look forward to receiving your feedback on the BIPL.  Please don't
hesitate to contact me with any questions or concerns that you may have.

 

Best regards,

Rory Pheiffer

 

 

 

 

Rory P. Pheiffer, Esq.

Technology Licensing Associate

Massachusetts Institute of Technology

Technology Licensing Office

Five Cambridge Center, NE25-230

Kendall Square

Cambridge, MA  02142-1493

 

E-mail:   <mailto:rpp@mit.edu> rpp@mit.edu

Telephone:  (617) 253-6966

Fax:  (617) 258-6790

 

____________________________________________________________________________
___ 

NOTICE: This email may contain confidential or privileged information
intended for the addressee 

only.  If you are not the addressee, be aware that any disclosure, copying,
distribution, or use of the 

information is prohibited.  If you have received this email in error, please
call us at 617-253-6966.

____________________________________________________________________________
___ 

 



Hello Discussion Board,

 

I e-mailed you just over two months ago with regard to my submission of the Broad Institute Public License (BIPL) for approval.  Russ informed me today that my original e-mail did not have the proper Subject header, and therefore, he asked me to resubmit the license for discussion.  A discussion on this license already occurred between May 8th and May 19th, and can be found here: http://crynwr.com/cgi-bin/ezmlm-cgi?3:sss:11537.  In case you failed to see this discussion initially because of the improperly labeled header, please take a moment to review the license and provide your comments.  I have also included the initial e-mail I sent to this list back on May 8th.

 

We are anxious to have this license approved.  Thank you for your consideration.

 

Regards,

Rory

 

 

 

 

Hello,

 

I am writing to begin a discussion about the license we (the Massachusetts Institute of Technology or MIT for short) recently submitted to the Open Source Initiative for approval as an OSI Certified license.  The title of the license is the Broad (pronounced Brr-ode as opposed to Brr-awed) Institute Public License, or BIPL for short.  Below please find the three sections which your group has asked me to address:

 

 

SECTION ONE – Most Similar OSI Certified License to the BIPL.

 

The OSI Certified license that is most similar to the BIPL is the Mozilla Public License (MPL).  However, because of the Broad Institute’s affiliation with MIT, and further because of MIT’s unique situation as a very large research and educational institution, we could not distribute software under all of the MPL’s terms.

 

The most significant reason why we could not use the MPL is because MIT cannot agree to grant a license to any MIT-owned patent that may end up being associated with the software.  This is because it is virtually impossible for MIT to know if any of its many professors, researchers, investigators, or students have, are, or will do work that gives rise to a patent claim that covers use of its software under the BIPL.  MIT cannot grant rights to these patent claims because the professors, researchers, investigators, or students involved with the patent claim would not have an opportunity to make decisions regarding the licensing of these patent claims if a blind patent grant was part of a license that we distribute under.  The patent grant in the MPL is an encumbrance that MIT cannot agree to give.

 

In the process of modifying the MPL to not include a grant to MIT-owned patents, other less significant changes were also made.  These changes resulted from cleaning up the current MPL to reflect MIT-preferred language in some areas and to clear up areas of the MPL that can often be confusing.  As a whole though, the only major difference between the MPL and BIPL is the loss of the patent grant language found in section 2.1 of the MPL.

 

 

SECTION TWO – Use in Conjunction with Software Distributed Under Other Open Source Licenses.

 

Because we have incorporated many of the ideas of the MPL into the BIPL, software distributed under the BIPL can easily be used in conjunction with software distributed under other open source licenses.  Both sections 3.6 and sections 12 of the BIPL allow for such distribution.  It is likely that derivative and combined works would be licensed under the BIPL, but because of its versatility, there is no reason the rest of the work could not be licensed under another open source license so long as the requirements of the BIPL are met for the Covered Code.  We are not aware of any software license that would be entirely incompatible with the BIPL, although if a license is entirely incompatible with the MPL, it would also likely be incompatible with the BIPL.

 

 

SECTION THREE – Plain Text Version of the BIPL.

 

I have attached two documents to this e-mail to aid the discussion.  The first is a Text and HTML version of the BIPL (entitled Broad Institute Public License Clean 2006-05-05).  If for some reason you have difficulty reading this attachment, you can also find the license here: http://web.mit.edu/afs/athena.mit.edu/user/r/p/rpp/www/.  The second is a comparison of the BIPL to the MPL, performed using Deltaview but saved as both a Microsoft Word and HTML file (entitled DV Comparison – MPL vs BIPL 2006-05-05).

 

 

I look forward to receiving your feedback on the BIPL.  Please don’t hesitate to contact me with any questions or concerns that you may have.

 

Best regards,

Rory Pheiffer

 

 

 

 

Rory P. Pheiffer, Esq.

Technology Licensing Associate

Massachusetts Institute of Technology

Technology Licensing Office

Five Cambridge Center, NE25-230

Kendall Square

Cambridge, MA  02142-1493

 

E-mail:  rpp@mit.edu

Telephone:  (617) 253-6966

Fax:  (617) 258-6790

 

NOTICE: This email may contain confidential or privileged information intended for the addressee

only.  If you are not the addressee, be aware that any disclosure, copying, distribution, or use of the

information is prohibited.  If you have received this email in error, please call us at 617-253-6966.

 


Broad Institute Public License 1.0
(BIPL 1.0)

1. DEFINITIONS.
 
	1.1. ''Commercial Use'' means distribution or otherwise making the Covered Code available
to a third party.

	1.2. ''Contributor'' means each individual that creates or contributes to the creation
of Modifications, whether on his or her own behalf or on behalf of his or her employer.
 ''Contributor'' shall not include Initial Developer, notwithstanding any Modifications
that may be contributed by Initial Developer.

	1.3. ''Covered Code'' means the Original Code or Modifications or the combination of
the Original Code and Modifications, in each case in their entirety or any portions
thereof.

	1.4. ''Effective Date'' means the date You download the Covered Code and exercise any
of the rights granted to You in this License.

	1.5. ''Electronic Distribution Mechanism'' means a mechanism generally accepted in
the software development community for the electronic transfer of data or software programs.

	1.6. ''Executable'' means Covered Code in any form other than Source Code.

	1.7. ''Initial Developer'' means the individual(s) or entity(ies) identified as the
Initial Developer in the Source Code notice required by Exhibit A.

	1.8. ''Larger Work'' means a work which combines Covered Code with code not governed
by the terms of this License and which is not a Modification.

	1.9. ''License'' means this document.

	1.10. ''Licensable'' means having the right to grant, whether at the time of the initial
grant or subsequently acquired, any and all of the rights conveyed herein.

	1.11. ''Modifications'' means: (i) any addition to or deletion from the substance or
structure of the Original Code; or (ii) any addition or deletion to the results of (i).
 Each of (i) and (ii) and any continuing additions or deletions to (i) and (ii) are
all 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; or 
		(b) Any new file that contains any part of the Original Code or previous Modifications.


	1.12. ''Original Code'' means Source Code of computer software code described as ''Original
Code'' in the Source Code notice required by Exhibit A.

	1.13. ''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 Contributor.

	1.14.  ''Source Code '' means the preferred form of 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
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.

	1.15.  ''You '' (or  ''Your '') means an individual exercising rights under, and complying
with all of the terms of, this License or a future version of this License issued pursuant
to Section 5.1.

2. SOURCE CODE LICENSE.

	2.1. The Initial Developer Grant.

	Subject to third party intellectual property claims, the Initial Developer hereby grants
You, as of the Effective Date, a world-wide, royalty-free, non-exclusive license, under
intellectual property rights (other than patent or trademark) Licensable by Initial
Developer, to run, 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. 

	2.2. Contributor Grant.

	Subject to third party intellectual property claims, each Contributor hereby grants
the Initial Developer and You, as of the Effective Date, a world-wide, royalty-free,
non-exclusive license:
 
		(a) under intellectual property rights (other than patent or trademark) Licensable
by Contributor, to run, reproduce, modify, display, perform, sublicense, and distribute
the Modifications created by such Contributor (or any portions thereof) either on an
unmodified basis, with Modifications, as Covered Code, and/or as part of a Larger Work;
and

		(b) under Patent Claims Licensable by Contributor that are infringed by the exercise
of the license granted under Section 2.2(a), and solely to the extent necessary to exercise
the license granted under Section 2.2(a), to make, use, sell, offer for sale, or import:
1) Modifications made by that Contributor (or any portions thereof); and 2) the combination
of Modifications made by that Contributor with its version of Covered Code (or any portions
of such combination). 

3. DISTRIBUTION OBLIGATIONS.

	3.1. Application of License and Additional Terms.

	This License applies to code to which the Initial Developer has attached the notice
in Exhibit A and to resulting Covered Code.  The Modifications which You create or to
which You contribute are governed by all of the terms of this License.  The Source Code
version of Covered Code shall be distributed only under the terms of this License or
a future version of this License released in accordance with Section 5.1, 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 choose to offer, and to charge a fee for, warranty, support, indemnity, or liability
obligations to one or more recipients of Covered Code; provided that You 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..

	3.2. Availability of Source Code.

	Any Modification that 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 Effective Date, 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 version of 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 Section
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 who to contact.  If Contributor obtains such knowledge after Contributor
makes the Covered Code available, 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 from Contributor 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 shall 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 that You distribute
where You describe recipients' rights or ownership rights relating to the Covered Code.

	3.6. Distribution of Executable Versions.

	You may distribute Covered Code in Executable form only if You have met the requirements
of Section 3.1-3.5 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 other related material in which You describe recipients' rights
relating to the Covered Code.  You may distribute the Executable version of Covered
Code 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, expand, 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 or are in addition to 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.

	4.1. Comply to the Maximum Extent Possible; Provide Notice.

	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 portion of the Covered 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.

	4.2. Export Controls.

	If Your exercise of any rights granted in this License causes the Initial Developer
or any Contributor to violate any applicable United States laws, regulations, executive
orders and governmental requirements imposing export controls on certain items, materials,
software, and technical information, or imposing embargoes, sanctions and/or other restrictions
on making payments to, providing services or anything of value to, travel to, contracting
with, or taking other actions respecting sanctioned countries, individuals and entities,
or prohibiting corrupt payments and other practices in dealings with any foreign (non-U.S.)
government, official, other entity or person, including without limitation, the Foreign
Corrupt Practices Act, the Arms Export Control Act, the laws and regulations administered
by the Office of Foreign Assets Control of the U.S. Treasury Department, by the Bureau
of Industry and Security of the Commerce Department, or by the Directorate of Defense
Trade Controls of the State Department (and their successor agencies), and Executive
Order 13224 (collectively, ''Restrictions''), then all rights granted to You under this
License shall immediately terminate.

5. VERSIONS OF THE LICENSE.

	5.1. New Versions.

	The Initial Developer may publish revised and/or new versions of the License from time
to time.  Each version will be given a distinguishing version number.

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

	5.3. Derivative Licenses.

	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 ''Broad,'' ''Broad Institute,'' ''BIPL,''
''Massachusetts Institute of Technology,'' ''MIT,'' ''The Eli and Edythe L. Broad Institute,''
''The Eli and Edythe L. Broad Institute, A Collaboration of Massachusetts Institute
of Technology, Harvard University and affiliated Hospitals, and Whitehead Institute
for Biomedical Research,'' ''Whitehead,'' ''Whitehead Institute,'' ''WIBR,'' 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 Broad Institute 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. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.

	EXCEPT AS PROVIDED IN SECTION 3.4(c), 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 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.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE
OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER TO 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.

7. TERMINATION.

	7.1. Breach.

	In addition to termination under Section 4.2, 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.

	7.2. Patent Infringement Litigation.

		(a)  Immediate Termination.

		If You initiate patent infringement litigation against Initial Developer or a Contributor
(the Initial Developer or Contributor against whom You file such action is referred
to as ''Participant'') and/or against any entity affiliated with the Participant and/or
that employs the Participant with respect to a patent applicable to Covered Code, or
any portion thereof, then all rights granted to You under Sections 2.1 and 2.2 shall
terminate as of the date such litigation is filed.

		(b)  Value of License.

		If You assert a patent infringement claim against Participant and/or any related entity
alleging that exercise of the rights granted in this License  directly or indirectly
infringes any patent where such claim is resolved (such as by license or settlement)
prior to the initiation of or final resolution of patent infringement litigation, then
the reasonable value of the licenses granted to You under Sections 2.1 and/or 2.2 shall
be taken into account in determining the amount or value of any payment or license.

	7.3. Sublicenses; Survival.

	In the event of termination under Sections 7.1 or 7.2(a) above, all sublicenses to
the Covered Code which are properly granted under this License, and remain subject to
this License, shall survive any termination of this License.  Provisions which, by their
nature, must remain in effect beyond the termination of this License shall survive.
 In the event of termination under Section 4.2, compliant sublicenses shall survive
solely to the extent that such sublicenses do not violate the laws and regulations,
etc. described in Section 4.2.

8. TRADEMARKS.

	This License does not grant any rights to use the trademarks, service marks, logos,
or trade names belonging to: the Whitehead Institute for Biomedical Research; the Massachusetts
Institute of Technology; or the Eli and Edythe L. Broad Institute, A Collaboration of
Massachusetts Institute of Technology, Harvard University and affiliated Hospitals,
and Whitehead Institute for Biomedical Research; or to any trademark, service mark,
logo, or trade name belonging to any Contributor.

9. U.S. GOVERNMENT END USERS.

	9.1. Commercial Item.

	Except as may be described in Exhibit A, 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.

	9.2. Obligations to the United States Government.

	To the extent any Contributor's Modification is subject to licensing obligations to
the United States Government, such obligations shall be listed directly under Contributor's
name on Exhibit A and shall describe the portion of the Modification to which such obligation
applies.

10. 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 Massachusetts law, excluding its conflict-of-law provisions (except that questions
affecting the construction and effect of any patent shall be determined by the law of
the country in which the patent shall have been granted).  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 Federal Courts of Massachusetts, with venue
lying in Suffolk County, Massachusetts, 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.  This License may be translated but the English version is the official version.

11. RESPONSIBILITY FOR CLAIMS.

	As between and among Initial Developer and Contributors, each party is responsible,
jointly but not severally, for claims and damages arising, directly or indirectly, out
of its grants and/or exercise of rights under this License, and You agree to cooperate
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.

12. 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 Broad Institute Public License or the alternative
licenses, if any, specified by the Initial Developer in the file described in Exhibit
A.

EXHIBIT A - Broad Institute Public License (BIPL).

	''The contents of this file are subject to the Broad Institute Public License (the
''License''); You may not use this file except in compliance with the License.  You
may obtain a copy of the License at [INSERT LICENSE DOWNLOAD WEBSITE HERE].
 
	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                                       , available at [INSERT ORIGINAL
CODE DOWNLOAD WEBSITE HERE]. 

	The Initial Developer of the Original Code is: (i) the Whitehead Institute for Biomedical
Research (''WIBR''); and (ii) the Massachusetts Institute of Technology (''MIT'') through
the Eli and Edythe L. Broad Institute, A Collaboration of Massachusetts Institute of
Technology, Harvard University and affiliated Hospitals, and Whitehead Institute for
Biomedical Research (the ''Broad Institute'').

	Portions created by WIBR are copyright (c) Whitehead Institute for Biomedical Research,
[YEAR].  Portions created by MIT are copyright (c) Massachusetts Institute of Technology
(Broad Institute), [YEAR].

	Contributor(s):                                       .

		Government Rights, if any:                                .

	Alternatively, the contents of this Contributor's file may be used under the terms
of the       license (the [   ] License), in which case the provisions of [      ] License
are applicable instead of those above.  If You wish to allow use of Your version of
this file only under the terms of the [    ] License and not to allow others to use
Your version of this file under the BIPL, indicate Your decision by deleting the provisions
above and replace them with the notice and other provisions required by the [   ] License.
 If You do not delete the provisions above, a recipient may use Your version of this
file under either the BIPL or the [   ] License.'' 

	[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.]



Mozilla Public License 1

Broad Institute Public License 1.0

(BIPL 1.0)

 

1. DEFINITIONS.

 

1.1. “Commercial Use means distribution or otherwise making the Covered Code available to a third party.

 

1.2. “Contributor means each individual that creates or contributes to the creation of Modifications, whether on his or her own behalf or on behalf of his or her employer.  “Contributor” shall not include Initial Developer, notwithstanding any Modifications that may be contributed by Initial Developer.

 

1.3. “Covered Code means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case in their entirety or any portions thereof.

 

1.4. “Effective Date” means the date You download the Covered Code and exercise any of the rights granted to You in this License.

 

1.5. “Electronic Distribution Mechanism means a mechanism generally accepted in the software development community for the electronic transfer of data or software programs.

 

1.6. “Executable means Covered Code in any form other than Source Code.

 

1.7. “Initial Developer means the individual(s) or entity(ies) identified as the Initial Developer in the Source Code notice required by Exhibit A.

 

1.8. “Larger Work means a work which combines Covered Code with code not governed by the terms of this License and which is not a Modification.

 

1.9. “License means this document.

 

1.10. “Licensable means having the right to grant, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.

 

1.11. “Modifications means: (i) any addition to or deletion from the substance or structure of the Original Code; or (ii) any addition or deletion to the results of (i).  Each of (i) and (ii) and any continuing additions or deletions to (i) and (ii) are all 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; or

(b) Any new file that contains any part of the Original Code or previous Modifications.

1.12. “Original Code means Source Code of computer software code described as “Original Code” in the Source Code notice required by Exhibit A.

 

1.13. “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 Contributor.

 

1.14. “Source Code means the preferred form of 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 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.

 

1.15. “You (or “Your means an individual exercising rights under, and complying with all of the terms of, this License or a future version of this License issued pursuant to Section 5.1.

 

2. SOURCE CODE LICENSE.

 

2.1. The Initial Developer Grant.

Subject to third party intellectual property claims, the Initial Developer hereby grants You, as of the Effective Date, a world-wide, royalty-free, non-exclusive license, under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to run, 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.

 

2.2. Contributor Grant.

Subject to third party intellectual property claims, each Contributor hereby grants the Initial Developer and You, as of the Effective Date, a world-wide, royalty-free, non-exclusive license:

 
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to run, reproduce, modify, display, perform, sublicense, and distribute the Modifications created by such Contributor (or any portions thereof) either on an unmodified basis, with Modifications, as Covered Code, and/or as part of a Larger Work; and

 

(b) under Patent Claims Licensable by Contributor that are infringed by the exercise of the license granted under Section 2.2(a), and solely to the extent necessary to exercise the license granted under Section 2.2(a), to make, use, sell, offer for sale, or import: 1) Modifications made by that Contributor (or any portions thereof); and 2) the combination of  Modifications made by that Contributor with its version of Covered Code (or any portions of such combination).


3. DISTRIBUTION OBLIGATIONS.

 

3.1. Application of License and Additional Terms.

This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to resulting Covered Code.  The Modifications which You create or to which You contribute are governed by all of the terms of this License.  The Source Code version of Covered Code shall be distributed only under the terms of this License or a future version of this License released in accordance with Section 5.1, 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 choose to offer, and to charge a fee for, warranty, support, indemnity, or liability obligations to one or more recipients of Covered Code; provided that You 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..

 

3.2. Availability of Source Code.

Any Modification that 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 Effective Date, 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 version of 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 Section 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 who to contact.  If Contributor obtains such knowledge after Contributor makes the Covered Code available, 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 from Contributor 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 shall 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 that You distribute where You describe recipients' rights or ownership rights relating to the Covered Code.

 

3.6. Distribution of Executable Versions.


You may distribute Covered Code in Executable form only if You have met the requirements of Section 3.1-3.5 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 other related material in which You describe recipients' rights relating to the Covered Code.  You may distribute the Executable version of Covered Code 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, expand, 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 or are in addition to 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.

 

4.1. Comply to the Maximum Extent Possible; Provide Notice.

 

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 portion of the Covered 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.

 

4.2. Export Controls.

 

If Your exercise of any rights granted in this License causes the Initial Developer or any Contributor to violate any applicable United States laws, regulations, executive orders and governmental requirements imposing export controls on certain items, materials, software, and technical information, or imposing embargoes, sanctions and/or other restrictions on making payments to, providing services or anything of value to, travel to, contracting with, or taking other actions respecting sanctioned countries, individuals and entities, or prohibiting corrupt payments and other practices in dealings with any foreign (non-U.S.) government, official, other entity or person, including without limitation, the Foreign Corrupt Practices Act, the Arms Export Control Act, the laws and regulations administered by the Office of Foreign Assets Control of the U.S. Treasury Department, by the Bureau of Industry and Security of the Commerce Department, or by the Directorate of Defense Trade Controls of the State Department (and their successor agencies), and Executive Order 13224 (collectively, Restrictions), then all rights granted to You under this License shall immediately terminate.

 

5. VERSIONS OF THE LICENSE.

 

5.1. New Versions.


The Initial Developer may publish revised and/or new versions of the License from time to time.  Each version will be given a distinguishing version number.

 

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

 

5.3. Derivative Licenses.


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 Broad, Broad Institute, BIPL, Massachusetts Institute of Technology, MIT, The Eli and Edythe L. Broad Institute, The Eli and Edythe L. Broad Institute, A Collaboration of Massachusetts Institute of Technology, Harvard University and affiliated Hospitals, and Whitehead Institute for Biomedical Research, Whitehead, Whitehead Institute, WIBR, 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 Broad Institute 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. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.

 

EXCEPT AS PROVIDED IN SECTION 3.4(c), 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 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.

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER TO 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.

 

7. TERMINATION.

 

7.1.  Breach.

 

In addition to termination under Section 4.2, 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.

 

7.2.  Patent Infringement Litigation.

 

(a)  Immediate Termination.

 

If You initiate patent infringement litigation against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as Participant) and/or against any entity affiliated with the Participant and/or that employs the Participant with respect to a patent applicable to Covered Code, or any portion thereof, then all rights granted to You under Sections 2.1 and 2.2 shall terminate as of the date such litigation is filed.

 

(b)  Value of License.

 

If You assert a patent infringement claim against Participant and/or any related entity alleging that exercise of the rights granted in this License  directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of or final resolution of patent infringement litigation, then the reasonable value of the licenses granted to You under Sections 2.1 and/or 2.2 shall be taken into account in determining the amount or value of any payment or license.

 

7.3.  Sublicenses; Survival.

 

In the event of termination under Sections 7.1 or 7.2(a) above, all sublicenses to the Covered Code which are properly granted under this License, and remain subject to this License, shall survive any termination of this License.  Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.  In the event of termination under Section 4.2, compliant sublicenses shall survive solely to the extent that such sublicenses do not violate the laws and regulations, etc. described in Section 4.2.

 

8. TRADEMARKS.
 
This License does not grant any rights to use the trademarks, service marks, logos, or trade names belonging to: the Whitehead Institute for Biomedical Research; the Massachusetts Institute of Technology; or the Eli and Edythe L. Broad Institute, A Collaboration of Massachusetts Institute of Technology, Harvard University and affiliated Hospitals, and Whitehead Institute for Biomedical Research; or to any trademark, service mark, logo, or trade name belonging to any Contributor.

 

9. U.S. GOVERNMENT END USERS.

 

9.1. Commercial Item.

 

Except as may be described in Exhibit A, 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.

 

9.2. Obligations to the United States Government.

 

To the extent any Contributor’s Modification is subject to licensing obligations to the United States Government, such obligations shall be listed directly under Contributor’s name on Exhibit A and shall describe the portion of the Modification to which such obligation applies.

 

10. 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 Massachusetts law, excluding its conflict-of-law provisions (except that questions affecting the construction and effect of any patent shall be determined by the law of the country in which the patent shall have been granted).  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 Federal Courts of Massachusetts, with venue lying in Suffolk County, Massachusetts, 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.  This License may be translated but the English version is the official version.

 

11. RESPONSIBILITY FOR CLAIMS.

 

As between and among Initial Developer and Contributors, each party is responsible, jointly but not severally, for claims and damages arising, directly or indirectly, out of its grants and/or exercise of rights under this License, and You agree to cooperate 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.

 

12. 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 Broad Institute Public License or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.


EXHIBIT A - Broad Institute Public License (BIPL).

 

The contents of this file are subject to the Broad Institute Public License (the License); You may not use this file except in compliance with the License.  You may obtain a copy of the License at [INSERT LICENSE DOWNLOAD WEBSITE HERE].

 

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 , available at [INSERT ORIGINAL CODE DOWNLOAD WEBSITE HERE].

 

The Initial Developer of the Original Code is: (i) the Whitehead Institute for Biomedical Research (WIBR); and (ii) the Massachusetts Institute of Technology (MIT) through the Eli and Edythe L. Broad Institute, A Collaboration of Massachusetts Institute of Technology, Harvard University and affiliated Hospitals, and Whitehead Institute for Biomedical Research (the Broad Institute).

 

Portions created by WIBR are copyright © Whitehead Institute for Biomedical Research, [YEAR].  Portions created by MIT are copyright © Massachusetts Institute of Technology (Broad Institute), [YEAR].

 

Contributor(s): .

 

                Government Rights, if any: .

 

Alternatively, the contents of this Contributor’s file may be used under the terms of the license (the [ ] License), in which case the provisions of [ ] License are applicable instead of those above.  If You wish to allow use of Your version of this file only under the terms of the [ ] License and not to allow others to use Your version of this file under the BIPL, indicate Your decision by deleting the provisions above and replace  them with the notice and other provisions required by the [ ] License.  If You do not delete the provisions above, a recipient may use Your version of this file under either the BIPL or the [ ] License.

 

[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.]


["application/msword" not shown]
Mozilla Public License 1

MozillaBroad Institute Public License 1.1 (MPL 1.11.0

(BIPL 1.0)

1. Definitions.

 

1. DEFINITIONS.

 

1.0.1. "1.1. “Commercial Use" means distribution or otherwise making the Covered Code available to a third party.

 

1.1. ''1.2. “Contributor'' means each entityindividual 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., whether on his or her own behalf or on behalf of his or her employer.  “Contributor” shall not include Initial Developer, notwithstanding any Modifications that may be contributed by Initial Developer.

 

1.3. ''Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case includingin their entirety or any portions thereof.

 

1.4. ''“Effective Date” means the date You download the Covered Code and exercise any of the rights granted to You in this License.

 

1.5. “Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data or software programs.

 

1.5. ''1.6. “Executable'' means Covered Code in any form other than Source Code.

 

1.6. ''1.7. “Initial Developer'' means the individual(s) or entity(ies) identified as the Initial Developer in the Source Code notice required by Exhibit A.

 

1.7. ''1.8. “Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License and which is not a Modification.

 

1.8. ''1.9. “License'' means this document.

 

1.8.1. "1.10. “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. ''1.11. “Modifications'' means: (i) any addition to or deletion from the substance or structure of either the Original Code; or any previous(ii) any addition or deletion to the results of (i).  Each of (i) and (ii) and any continuing additions or deletions to (i) and (ii) are all Modifications.  When Covered Code is released as a series of files, a Modification is:

 

A.(a) Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.; or

B.(b) Any new file that contains any part of the Original Code or previous Modifications.
 

1.10. ''1.12. “Original Code'' means Source Code of computer software code which is described as “Original Code” 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. "1.13. “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 grantorContributor.

 

1.11. ''1.14. “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. "1.15. “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 (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 entitypursuant to Section 5.1.

 

2. Source Code License.

2. SOURCE CODE LICENSE.

 

2.1. The Initial Developer Grant.
The


Subject to third party intellectual property claims, the Initial Developer hereby grants You, as of the Effective Date, 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 userun, 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 Youthe Initial Developer and You, as of the Effective Date, a world-wide, royalty-free, non-exclusive license :

 
(a)
 under intellectual property rights (other than patent or trademark) Licensable by Contributor, to userun, reproduce, modify, display, perform, sublicense, and distribute the Modifications created by such Contributor (or any 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 Licensable by Contributor that are 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 combinationexercise of the license granted under Section 2.2(a), and solely to the extent necessary to exercise the license granted under Section 2.2(a), to make, use, sell, offer for sale, have made, and/or otherwise dispose ofor import: 1) Modifications made by that Contributor (or any portions thereof); and 2) the combination of  Modifications made by that Contributor with its Contributor Version (orversion of Covered Code (or any 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. DISTRIBUTION OBLIGATIONS.

 

3.1. Application of License and Additional Terms.

This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to resulting Covered Code.  The Modifications which You create or to which You contribute are governed by all of the terms of this License, including without limitation Section 2.2. .  The Source Code version of Covered Code mayshall be distributed only under the terms of this License or a future version of this License released underin accordance with Section 6.1,5.1, 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.  However, 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; provided that You 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..

 

3.2. Availability of Source Code.

Any Modification whichthat 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 youYou 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 availableEffective Date, 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 version of 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 orSection 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 whomwho to contact.  If Contributor obtains such knowledge after the Modification is madeContributor makes the Covered Code 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 from Contributor 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 mayshall add yourYour name as a Contributor to the notice described in Exhibit A.  You must also duplicate this License in any documentation for the Source Code that You distribute where You describe recipients' rights or ownership rights relating to the 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
You have met the requirements of Section 3.1-3.5 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 collateralother related material 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, expand, 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 or are in addition to 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.

 

4.1. Comply to the Maximum Extent Possible; Provide Notice.

 

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 codeportion of the Covered 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.

 

4.2. Export Controls.

 

If Your exercise of any rights granted in this License causes the Initial Developer or any Contributor to violate any applicable United States laws, regulations, executive orders and governmental requirements imposing export controls on certain items, materials, software, and technical information, or imposing embargoes, sanctions and/or other restrictions on making payments to, providing services or anything of value to, travel to, contracting with, or taking other actions respecting sanctioned countries, individuals and entities, or prohibiting corrupt payments and other practices in dealings with any foreign (non-U.S.) government, official, other entity or person, including without limitation, the Foreign Corrupt Practices Act, the Arms Export Control Act, the laws and regulations administered by the Office of Foreign Assets Control of the U.S. Treasury Department, by the Bureau of Industry and Security of the Commerce Department, or by the Directorate of Defense Trade Controls of the State Department (and their successor agencies), and Executive Order 13224 (collectively, “Restrictions”), then all rights granted to You under this License shall immediately terminate.

 

5. VERSIONS OF THE LICENSE.

 

5. Application of this License.

5.1. New Versions.

This License applies to code to which the
The
Initial Developer has attached the notice in Exhibit A and to related Covered Code.

 

6. Versions of the License. 6.1. New Versions.
Netscape Communications Corporation (''Netscape'')
may publish revised and/or new versions of the License from time to time.  Each version will be given a distinguishing version number.

 

6.2.5.2. 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
Netscape.the Initial Developer.  No one other than Netscapethe Initial Developer has the right to modify the License terms applicable to Covered Code created under this License.

 

6.3.5.3. Derivative Works. Licenses.


If You create or use a modified version of this License (which
youYou 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 ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL''“Broad,” “Broad Institute,” “BIPL,” “Massachusetts Institute of Technology,” “MIT,” “The Eli and Edythe L. Broad Institute,” “The Eli and Edythe L. Broad Institute, A Collaboration of Massachusetts Institute of Technology, Harvard University and affiliated Hospitals, and Whitehead Institute for Biomedical Research,” “Whitehead,” “Whitehead Institute,” “WIBR,” or any confusingly similar phrase do not appear in yourYour license (except to note that yourYour license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and NetscapeBroad Institute 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.).

 

7.6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.

 

EXCEPT AS PROVIDED IN SECTION 3.4(c), 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.

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER TO 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.

 

8.7. TERMINATION.

 

7.1.  Breach.

 

8.1.  ThisIn addition to termination under Section 4.2, 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.

 

7.2.  Patent Infringement Litigation.

 

(a)  Immediate Termination.

 

8.2.  If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions)litigation 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“Participant”) and/or against any entity affiliated with the Participant and/or that employs the Participant with respect to a patent applicable to Covered Code, or any portion thereof, then 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. 2.2 shall terminate as of the date such litigation is filed.

 

(b)  Value of License.

 

8.3.  If You assert a patent infringement claim against Participant and/or any related entity alleging that such Participant's Contributor Version exercise of the rights granted in this License  directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of or final resolution of patent infringement litigation, then the reasonable value of the licenses granted by such Participantto You under Sections 2.1 and/or 2.2 shall be taken into account in determining the amount or value of any payment or license.

 

7.3.  Sublicenses; Survival.

 

In the event of termination under Sections 7.1 or 7.2(a) above, all sublicenses to the Covered Code which are properly granted under this License, and remain subject to this License, shall survive any termination of this License.  Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.  In the event of termination under Section 4.2, compliant sublicenses shall survive solely to the extent that such sublicenses do not violate the laws and regulations, etc. described in Section 4.2.

 

8. TRADEMARKS.
 

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.

This License does not grant any rights to use the trademarks, service marks, logos, or trade names belonging to: the Whitehead Institute for Biomedical Research; the Massachusetts Institute of Technology; or the Eli and Edythe L. Broad Institute, A Collaboration of Massachusetts Institute of Technology, Harvard University and affiliated Hospitals, and Whitehead Institute for Biomedical Research; or to any trademark, service mark, logo, or trade name belonging to any Contributor.

 

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.

 

9.1. Commercial Item.

 

TheExcept as may be described in Exhibit A, 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 Usersend users acquire Covered Code with only those rights set forth herein.

 

9.2. Obligations to the United States Government.

 

To the extent any Contributor’s Modification is subject to licensing obligations to the United States Government, such obligations shall be listed directly under Contributor’s name on Exhibit A and shall describe the portion of the Modification to which such obligation applies.

 

11.10. 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 California law provisions (except to the extent applicable law, if any, provides otherwise)Massachusetts law, excluding its conflict-of-law provisionslaw provisions (except that questions affecting the construction and effect of any patent shall be determined by the law of the country in which the patent shall have been granted).  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 Federal Courts of the Northern District of CaliforniaMassachusetts, with venue lying in Santa ClaraSuffolk County, CaliforniaMassachusetts, 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.  This License may be translated but the English version is the official version.

 

12.11. RESPONSIBILITY FOR CLAIMS.

 

As between and among Initial Developer and the Contributors, each party is responsible, jointly but not severally, for claims and damages arising, directly or indirectly, out of its utilizationgrants and/or exercise of rights under this License, and You agree to workcooperate 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.

 

13.12. MULTIPLE-LICENSED CODE.

 

Initial Developer may designate portions of the Covered Code as Multiple-Licensed.  Multiple-Licensed means that the Initial Developer permits youYou to utilize portions of the Covered Code under Your choice of the MPLBroad Institute Public License or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.



EXHIBIT A -Mozilla Broad Institute Public License (BIPL).

 

``The contents of this file are subject to the MozillaBroad Institute Public License Version 1.1 (the "License"); youYou may not use this file except in compliance with the License.  You may obtain a copy of the License at
http://www.mozilla.org/MPL/
[INSERT LICENSE DOWNLOAD WEBSITE HERE].

 

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 , available at [INSERT ORIGINAL CODE DOWNLOAD WEBSITE HERE].

 

The Initial Developer of the Original Code is . Portions created by
  are Copyright (C) . All Rights
Reserved.
: (i) the Whitehead Institute for Biomedical Research (“WIBR”); and (ii) the Massachusetts Institute of Technology (“MIT”) through the Eli and Edythe L. Broad Institute, A Collaboration of Massachusetts Institute of Technology, Harvard University and affiliated Hospitals, and Whitehead Institute for Biomedical Research (the “Broad Institute”).

 

Portions created by WIBR are copyright © Whitehead Institute for Biomedical Research, [YEAR].  Portions created by MIT are copyright © Massachusetts Institute of Technology (Broad Institute), [YEAR].

 

Contributor(s): .

 

                Government Rights, if any: .

 

Alternatively, the contents of this Contributor’s file may be used under the terms of the license (the  [ ] License), in which case the provisions of [ ] License are applicable  instead of those above.  If youYou wish to allow use of yourYour version of this file only under the terms of the [ ] License and not to allow others to use yourYour version of this file under the MPLBIPL, indicate yourYour decision by deleting  the provisions above and replace  them with the notice and other provisions required by the [ ] License.  If youYou do not delete the provisions above, a recipient may use yourYour version of this file under either the MPLBIPL or the [ ] License."

 

[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.]

 


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