XHDN DOCUMENTATION LICENSE Version 1.0
1.1. "Commercial Use" means distribution or otherwise making the Documentation available to a third party.
1.2. "Contributor" means a person or entity who creates or contributes to the creation of Modifications.
1.3. "Documentation" means the Original Documentation available from http://www.xHarbour.com/xHDN or Modifications or the combination of the Original Documentation and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted for the electronic transfer of data.
1.5. "Initial Writer" means the individual or entity identified as the Initial Writer.
1.6. "License" means this document.
1.7. "Modifications" means any addition to or deletion from the substance or structure of either the Original Documentation or any previous Modifications, such as a translation, abridgment, condensation, or any other form in which the Original Documentation or previous Modifications may be recast, transformed or adapted. A work consisting of editorial revisions, annotations, elaborations, and other modifications which, as a whole represent an original work of authorship, is a Modification. For example, when Documentation is released as a series of documents, a Modification is:
A. Any addition to or deletion from the contents of the Original Documentation or previous Modifications.
B. Any new documentation that contains any part of the Original Documentation or previous Modifications.
1.8. "Original Documentation" means documentation described as Original Documentation available from http://www.xHarbour.com/xHDN, and which, at the time of its release under this License is not already Documentation governed by this License.
1.9. "Editable Form" means the preferred form of the Documentation for making Modifications to it. The Documentation can be in an electronic, compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.10. "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 5.0 ("Versions of the License"). For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2.0 LICENSE GRANTS.
2.1 Initial Writer Grant.
The Initial Writer hereby grants You a world-wide, royalty-free, non-exclusive license to use, prepare Modifications of, compile, publicly perform, publicly display and demonstrate the Original Documentation. The license rights granted in this Section 2.1 ("Initial Writer Grant") are effective on the date Initial Writer first distributes Original Documentation under the terms of this License.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license to use, prepare Modifications of, compile, publicly perform, publicly display and demonstrate the Original Documentation. Each Contributor hereby grants xHarbour.com Inc. a world-wide, royalty-free, non-exclusive license to use, reproduce, prepare Modifications of, compile, publicly perform, publicly display, demonstrate, market, disclose and distribute the Documentation in any form, on any media or via any Electronic Distribution Mechanism or other method now known or later discovered, and to sublicense the foregoing rights to third parties through multiple tiers of sublicensees in accordance with the terms of this License. The license rights granted in this Section 2.2 ("Contributor Grant") are effective on the date Contributor makes its first modification to the Original Documentation.
3.0 DISTRIBUTION OBLIGATIONS
3.1. Application of License
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2 ("Contributor Grant"). The Documentation may be distributed only by xHarbour.com Inc. under the terms of this License or a future version of this License released in accordance with Section 5.0 ("Versions of the License").
3.2. Availability of Documentation.
Any Modification which You create or to which You contribute must be made available to xHarbour.com Inc. in Editable Form under the terms of this License.
3.3. Intellectual Property Matters.
Contributor represents that 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.
4.0 APPLICATION OF THIS LICENSE.
This License applies to Documentation available from http://www.xHarbour.com/xHDN
5.0 VERSIONS OF THE LICENSE.
5.1. New Versions.
Initial Writer 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 Documentation 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 Documentation under the terms of any subsequent version of the License published by xHarbour.com Inc. No one other than xHarbour.com Inc. has the right to modify the terms of this License.
6.0 DISCLAIMER OF WARRANTY.
DOCUMENTATION 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 DOCUMENTATION IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, AND PERFORMANCE OF THE DOCUMENTATION IS WITH YOU. SHOULD ANY DOCUMENTATION PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL WRITER 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 DOCUMENTATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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 Documentation which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.0 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL WRITER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF DOCUMENTATION, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY DIRECT, 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 DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THE USE OF THE DOCUMENTATION, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
This License represents the complete agreement concerning the 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 Nevada law, excluding its conflict-of-law provisions. With respect to disputes or any litigation relating to this License, the losing party is 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.