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Updating license to clarify patent license similar to Palantir’s Atla…
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Apache License | ||
Version 2.0, January 2004 | ||
http://www.apache.org/licenses/ | ||
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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION | ||
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1. Definitions. | ||
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"License" shall mean the terms and conditions for use, reproduction, | ||
and distribution as defined by Sections 1 through 9 of this document. | ||
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"Licensor" shall mean the copyright owner or entity authorized by | ||
the copyright owner that is granting the License. | ||
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"Legal Entity" shall mean the union of the acting entity and all | ||
other entities that control, are controlled by, or are under common | ||
control with that entity. For the purposes of this definition, | ||
"control" means (i) the power, direct or indirect, to cause the | ||
direction or management of such entity, whether by contract or | ||
otherwise, or (ii) ownership of fifty percent (50%) or more of the | ||
outstanding shares, or (iii) beneficial ownership of such entity. | ||
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"You" (or "Your") shall mean an individual or Legal Entity | ||
exercising permissions granted by this License. | ||
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"Source" form shall mean the preferred form for making modifications, | ||
including but not limited to software source code, documentation | ||
source, and configuration files. | ||
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"Object" form shall mean any form resulting from mechanical | ||
transformation or translation of a Source form, including but | ||
not limited to compiled object code, generated documentation, | ||
and conversions to other media types. | ||
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"Work" shall mean the work of authorship, whether in Source or | ||
Object form, made available under the License, as indicated by a | ||
copyright notice that is included in or attached to the work | ||
(an example is provided in the Appendix below). | ||
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"Derivative Works" shall mean any work, whether in Source or Object | ||
form, that is based on (or derived from) the Work and for which the | ||
editorial revisions, annotations, elaborations, or other modifications | ||
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the Work and Derivative Works thereof. | ||
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"Contribution" shall mean any work of authorship, including | ||
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to that Work or Derivative Works thereof, that is intentionally | ||
submitted to Licensor for inclusion in the Work by the copyright owner | ||
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the copyright owner. For the purposes of this definition, "submitted" | ||
means any form of electronic, verbal, or written communication sent | ||
to the Licensor or its representatives, including but not limited to | ||
communication on electronic mailing lists, source code control systems, | ||
and issue tracking systems that are managed by, or on behalf of, the | ||
Licensor for the purpose of discussing and improving the Work, but | ||
excluding communication that is conspicuously marked or otherwise | ||
designated in writing by the copyright owner as "Not a Contribution." | ||
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"Contributor" shall mean Licensor and any individual or Legal Entity | ||
on behalf of whom a Contribution has been received by Licensor and | ||
subsequently incorporated within the Work. | ||
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2. Grant of Copyright License. Subject to the terms and conditions of | ||
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copyright license to reproduce, prepare Derivative Works of, | ||
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3. Grant of Patent License. Subject to the terms and conditions of | ||
this License, each Contributor hereby grants to You a perpetual, | ||
worldwide, non-exclusive, no-charge, royalty-free, irrevocable | ||
(except as stated in this section) patent license to make, have made, | ||
use, offer to sell, sell, import, and otherwise transfer the Work, | ||
where such license applies only to those patent claims licensable | ||
by such Contributor that are necessarily infringed by their | ||
Contribution(s) alone or by combination of their Contribution(s) | ||
with the Work to which such Contribution(s) was submitted. If You | ||
institute patent litigation against any entity (including a | ||
cross-claim or counterclaim in a lawsuit) alleging that the Work | ||
or a Contribution incorporated within the Work constitutes direct | ||
or contributory patent infringement, then any patent licenses | ||
granted to You under this License for that Work shall terminate | ||
as of the date such litigation is filed. | ||
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4. Redistribution. You may reproduce and distribute copies of the | ||
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meet the following conditions: | ||
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(a) You must give any other recipients of the Work or | ||
Derivative Works a copy of this License; and | ||
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(b) You must cause any modified files to carry prominent notices | ||
stating that You changed the files; and | ||
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the Derivative Works; and | ||
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(d) If the Work includes a "NOTICE" text file as part of its | ||
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that such additional attribution notices cannot be construed | ||
as modifying the License. | ||
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You may add Your own copyright statement to Your modifications and | ||
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Notwithstanding the above, nothing herein shall supersede or modify | ||
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with Licensor regarding such Contributions. | ||
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except as required for reasonable and customary use in describing the | ||
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agreed to in writing, Licensor provides the Work (and each | ||
Contributor provides its Contributions) on an "AS IS" BASIS, | ||
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or | ||
implied, including, without limitation, any warranties or conditions | ||
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whether in tort (including negligence), contract, or otherwise, | ||
unless required by applicable law (such as deliberate and grossly | ||
negligent acts) or agreed to in writing, shall any Contributor be | ||
liable to You for damages, including any direct, indirect, special, | ||
incidental, or consequential damages of any character arising as a | ||
result of this License or out of the use or inability to use the | ||
Work (including but not limited to damages for loss of goodwill, | ||
work stoppage, computer failure or malfunction, or any and all | ||
other commercial damages or losses), even if such Contributor | ||
has been advised of the possibility of such damages. | ||
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9. Accepting Warranty or Additional Liability. While redistributing | ||
the Work or Derivative Works thereof, You may choose to offer, | ||
and charge a fee for, acceptance of support, warranty, indemnity, | ||
or other liability obligations and/or rights consistent with this | ||
License. However, in accepting such obligations, You may act only | ||
on Your own behalf and on Your sole responsibility, not on behalf | ||
of any other Contributor, and only if You agree to indemnify, | ||
defend, and hold each Contributor harmless for any liability | ||
incurred by, or claims asserted against, such Contributor by reason | ||
of your accepting any such warranty or additional liability. | ||
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END OF TERMS AND CONDITIONS | ||
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APPENDIX: How to apply the Apache License to your work. | ||
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To apply the Apache License to your work, attach the following | ||
boilerplate notice, with the fields enclosed by brackets "{}" | ||
replaced with your own identifying information. (Don't include | ||
the brackets!) The text should be enclosed in the appropriate | ||
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Copyright {yyyy} {name of copyright owner} | ||
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Licensed under the Apache License, Version 2.0 (the "License"); | ||
you may not use this file except in compliance with the License. | ||
You may obtain a copy of the License at | ||
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http://www.apache.org/licenses/LICENSE-2.0 | ||
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Unless required by applicable law or agreed to in writing, software | ||
distributed under the License is distributed on an "AS IS" BASIS, | ||
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. | ||
See the License for the specific language governing permissions and | ||
limitations under the License. | ||
The BSD License (as modified) | ||
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Copyright (c) 2016, Palantir Technologies Inc. All rights reserved. | ||
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Redistribution and use in source and binary forms, with or without modification, | ||
are permitted provided that the following conditions are met: | ||
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* Redistributions of source code must retain the above copyright notice, this | ||
list of conditions and the following disclaimer. | ||
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* Redistributions in binary form must reproduce the above copyright notice, | ||
this list of conditions and the following disclaimer in the documentation | ||
and/or other materials provided with the distribution. | ||
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* The name, trade names, trademarks, service marks, or product names of | ||
Palantir or any of its contributors may not be used to endorse or promote | ||
products derived from this software (including the user interface elements | ||
embodied therein) without specific prior written permission. Nothing in | ||
this license constitutes as permission to (i) use the software (including | ||
the user interface elements embodied therein) in a way that is likely or | ||
intended to cause confusion about the owner or source of products derived | ||
from this software (including the user interface elements therein), or (ii) | ||
assert or imply (other than any attribution notice) that products derived | ||
from this software (including the user interface elements embodied therein) | ||
are connected or affiliated with Palantir, its products, or its contributors | ||
or sourced from or sponsored or endorsed by Palantir or its contributors. | ||
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THIS SOFTWARE (INCLUDING THE USER INTERFACE ELEMENTS EMBODIED THEREIN) IS | ||
PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR | ||
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF | ||
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT | ||
SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, | ||
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT | ||
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR | ||
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF | ||
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE | ||
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE (INCLUDING THE | ||
USER INTERFACE ELEMENTS EMBODIED THEREIN), EVEN IF ADVISED OF THE POSSIBILITY OF | ||
SUCH DAMAGE. |
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Patent Grant | ||
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1. Definitions. | ||
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"Entity" means any person, corporation, partnership, limited liability company, | ||
association, joint stock company, trust, joint venture, unincorporated | ||
organization, governmental entity (or any department, agency, or political | ||
subdivision thereof) or any other legal entity. | ||
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"Palantir" means Palantir Technologies Inc., together with any Entity in | ||
whatever country organized, that controls, is controlled by or is under common | ||
control of Palantir Technologies Inc. The term "control" means possession, | ||
direct or indirect, of the power to direct or cause the direction of the | ||
management and policies of an Entity, whether by contract or otherwise. | ||
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"Software" means the Blueprint software (including the user interface elements | ||
embodied therein), in binary, source, or object form, including any | ||
modifications or additions to the Blueprint software submitted for inclusion in | ||
the software. | ||
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"You" means each Entity that is a recipient of the Software. | ||
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2. Grant of Patent License. Palantir hereby grants to You a perpetual, | ||
worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated | ||
in the termination provision below) patent license to make, have made, use, | ||
offer to sell, import, and otherwise transfer the Software, where such license | ||
applies only to those patent claims licensable by Palantir that are necessarily | ||
infringed by the Software standing alone. For avoidance of doubt, no license is | ||
granted under Palantir's rights in any patent claims that are infringed by (i) | ||
modifications to the Software made by You or any third party or (ii) the | ||
Software in combination with any software or other technology. | ||
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3. Termination of Patent License. If You or Your agent or exclusive licensee | ||
institute, directly or indirectly, or agree to the institution of or take | ||
financial interest in any lawsuit or other action, including a cross-claim or | ||
counterclaim, alleging direct, indirect, joint, or contributory infringement or | ||
inducement to infringe any patent against: (i) Palantir, (ii) any party if such | ||
allegation arises in whole or in part from any software, technology, product or | ||
service of Palantir, or (iii) any party relating to the Software, then any and | ||
all rights granted to You under this license shall terminate automatically and | ||
without notice as of the date such assertion is made. Notwithstanding the | ||
foregoing, if Palantir files a lawsuit alleging patent infringement against You | ||
in the first instance, and, in response, You file a patent infringement | ||
counterclaim that is unrelated to the Software, the license granted hereunder | ||
will not terminate due to such counterclaim. |
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