license.txt

ZILVERLINE COLLABORATIVE SOURCE LICENSE
Version 1.3.1z
(Rev. Date November 26, 2004)

RECITALS

Original Contributor has developed Specifications and Source Code
implementations of certain Technology; and

Original Contributor desires to license the Technology to a large community to
facilitate research, innovation and product development while maintaining
compatibility of such products with the Technology as delivered by Original
Contributor; and

You desire to license the Technology from Original Contributor on the terms and
conditions specified in this License.

In consideration of the mutual covenants contained herein, You and Original
Contributor agree as follows:

AGREEMENT

1. Introduction.

The ZILVERLINE Collaborative Source License (ZCSL) and effective attachments
("License") may include three distinct licenses: 1) Research and Development
Use, 2) Internal Deployment Use, 3) Contribution Agreement. The Research and
Development Use license is effective when You execute this License. You have
agreed to the terms of the ZCSL by selecting the "Accept" button at the end of
the ZCSL or executing a hardcopy ZCSL with Original Contributor.

The Internal Deployment Use (Attachment C) and the Contribution Agreement
(Attachment D) must be signed by You and Original Contributor in order to become
effective. Once effective, these licenses and the associated requirements and
responsibilities are cumulative. Capitalized terms used in this License are
defined in the Glossary.

2. License Grants.

2.1. Original Contributor Grant. Subject to Your compliance with Sections 3,
8.10 and Attachment A of this License, Original Contributor grants to You a
worldwide, royalty-free, non-exclusive license, to the extent of Original
Contributor's Intellectual Property Rights covering the Original Code, Upgraded
Code and Specifications, to do the following:

a) Research and Development Use License:

(i) use, reproduce and modify the Original Code, Upgraded Code and
Specifications to create Modifications and Reformatted Specifications for
Research and Development Use by You,

(ii) publish and display Original Code, Upgraded Code and Specifications with,
or as part of Modifications, as permitted under Section 3.1 b) below,

(iii) reproduce and distribute copies of Original Code and Upgraded Code with,
or as part of Modifications, to other Licensees and students for Research and
Development Use by You,

(iv) compile, reproduce and distribute Original Code and Upgraded Code with, or
as part of Modifications, in Executable form, and Reformatted Specifications to
anyone for Research and Development Use by You.

b) Other than the licenses expressly granted in this License, Original
Contributor retains all right, title, and interest in Original Code and Upgraded
Code and Specifications.

2.2. Your Grants.

a) To Other Licensees. You hereby grant to each Licensee a license to Your Error
Corrections and Shared Modifications, of the same scope and extent as Original
Contributor's licenses under Section 2.1 a) above relative to Research and
Development Use, Attachment C relative to Internal Deployment Use, and
Attachment D relative to Contribution in kind.

b) To Original Contributor. You hereby grant to Original Contributor a
worldwide, royalty-free, non-exclusive, perpetual and irrevocable license, to
the extent of Your Intellectual Property Rights covering Your Error Corrections,
Shared Modifications and Reformatted Specifications, to use, reproduce, modify,
display and distribute Your Error Corrections, Shared Modifications and
Reformatted Specifications, in any form, including the right to sublicense such
rights through multiple tiers of distribution.

c) Other than the licenses expressly granted in Sections 2.2 a) and b) above,
and the restriction set forth in Section 3.1 d) (iv) below, You retain all
right, title, and interest in Your Error Corrections, Shared Modifications and
Reformatted Specifications.

2.3. Contributor Modifications. You may use, reproduce, modify, display and
distribute Contributor Error Corrections, Shared Modifications and Reformatted
Specifications, obtained by You under this License, to the same scope and extent
as with Original Code, Upgraded Code and Specifications.

2.4. Subcontracting Error Corrections or Shared Modifications. You may deliver
the Source Code of Community Code to other Licensees having at least a Research
and Development Use license, for the purpose of furnishing development services
to You in connection with Your rights granted in this License. All such
Licensees must execute appropriate documents with respect to such work
consistent with the terms of this License, and acknowledging their
work-made-for-hire status or assigning exclusive right to the work product and
associated Intellectual Property Rights to You.

3. Requirements and Responsibilities.

3.1. Research and Development Use License. As a condition of exercising the
rights granted under Section 2.1 a) above, You agree to comply with the
following:

a) Your Contribution to the Community. All Error Corrections and Shared
Modifications which You create or contribute to are automatically subject to the
licenses granted under Section 2.2 above. You are encouraged to license all of
Your other Modifications under Section 2.2 as Shared Modifications, but are not
required to do so. You agree to notify Original Contributor of any errors in the
Specification.

b) Source Code Availability. You agree to provide all Your Error Corrections to
Original Contributor as soon as reasonably practicable and, in any event, prior
to Internal Deployment Use or Commercial Use, if applicable. Original
Contributor may, at its discretion, post Source Code for Your Error Corrections
and Shared Modifications on the Community Web Server. You may also post Error
Corrections and Shared Modifications on a web-server of Your choice; provided,
that You inform the Original Contributor and that You must take reasonable
precautions to ensure that only Licensees have access to such Error Corrections
and Shared Modifications. Such precautions shall include, without limitation and
at least, a click-on, download certification of Licensee status required of
those attempting to download from the server. An example of an acceptable
certification is attached as Attachment A-2.

c) Notices. All Error Corrections and Shared Modifications You create or
contribute to must include a file documenting the additions and changes You made
and the date of such additions and changes. If it is not possible to put the
notice in a particular Source Code file due to its structure, then You must
include the notice in a location (such as a relevant directory file), where a
recipient would be most likely to look for such a notice.

d) Redistribution.

(i) Community Code. Community Code may be distributed in Source Code or
Executable form to anybody that accepts the ZCSL License conditions and becomes
a licensee. You may not offer or impose any terms on any Community Code that
alter the rights, requirements, or responsibilities of such Licensee.

(ii) Community Code Compatibility. All Community Code must be Compliant
Community Code prior to any Redistribution, whether originating from You or
acquired from a third party. So if You plan to make any further Shared
Modifications to any Community Code previously determined to be Compliant
Community Code, you must ensure that it continues to be Compliant Community
Code.

(iii) Derivative Work. If You make any non shared Modifications to any Community
Code without contributing them as Shared Modifications, You must clearly
indicate that your distribution is a modified version of the official Community
Code and must clearly remind to your Licensees that they also have to accept the
ZCSL License conditions on your Derivative Work.

(iv) Modified Executable. You may distribute Executable version(s) of a
Derivative Work to Licensees and other third parties only for the purpose of
evaluation and comment in connection with Research and Development Use by You.
You must ensure that the Executable distribution based on a Derivative Work
carries a different mark than the ZILVERLINE Trademarks. You may distribute a
Derivative Work under a license of Your choice, which may contain terms
different from this License, provided (a) that You are in compliance with the
terms of this License, and (b) You must make it absolutely clear that any terms
which differ from this License are offered by You alone, not by Original
Contributor or any other Contributor. Any other type of use must be subject to
the execution of a complementary license agreement by You and Original
Contributor.

(v) Modified Class, Interface and Package Naming. In connection with Research
and Development Use by You only, You may use Original Contributor's class,
interface and package names only to accurately reference or invoke the Source
Code files You modify. Original Contributor grants to You a limited license to
the extent necessary for such purposes.

(vi) Copyrights and other Attribution Notices. You must retain, in the Source
form of any Derivative Works that You distribute, all copyright, patent,
trademark, and attribution notices from Community Code, excluding those notices
that do not pertain to any part of the Derivative Works. You may add Your own
copyright statement to Your Modifications.

(vii) You expressly agree that any distribution, in whole or in part, of
Modifications developed by You shall only be done pursuant to the terms and
conditions of this License.

e) Extensions.

(i) Community Code. You may not include any Source Code of Community Code in any
Extensions without the prior consent of the Original Contributor;

(ii) Open. You agree to refrain from enforcing any Intellectual Property Rights
You may have covering any interface(s) of Your Extension, which would prevent
the implementation of such interface(s) by Original Contributor or any Licensee.
This obligation does not prevent You from enforcing any Intellectual Property
Right You have that would otherwise be infringed by an implementation of Your
Extension.

(iii) Class, Interface and Package Naming. You may not add any packages, or any
public or protected classes or interfaces with names that originate or might
appear to originate from Original Contributor including, without limitation,
package or class names which begin with "com.zilverline", org.zilverline or its
equivalents in any subsequent class, interface and/ or package naming convention
adopted by Original Contributor. It is specifically suggested that You name any
new packages using the "Unique Package Naming Convention" as described in "The
Java Language Specification" by James Gosling, Bill Joy, and Guy Steele, ISBN
0-201-63451-1, August 1996. Section 7.7 "Unique Package Names", on page 125 of
this specification which states, in part:

"You form a unique package name by first having (or belonging to an organization
that has) an Internet domain name, such as "sun.com". You then reverse the name,
component by component, to obtain, in this example, "com.sun", and use this as a
prefix for Your package names, using a convention developed within Your
organization to further administer package names."

3.2. Additional Requirements and Responsibilities. Any additional requirements
and responsibilities relating to the Technology are listed in Attachment F
(Additional Requirements and Responsibilities), if applicable only, and are
hereby incorporated into this Section 3.

4. Versions of the License.

4.1. License Versions. Original Contributor may publish revised versions of the
License from time to time. Each version will be given a distinguishing version
number.

4.2. Effect. Once a particular version of Community Code has been provided under
a version of the License, You may always continue to use such Community Code
under the terms of that version of the License. You may also choose to use such
Community Code under the terms of any subsequent version of the License. No one
other than Original Contributor has the right to promulgate License versions.

4.3. Conditional Open Sourcing : If Original Contributor decides to stop
supporting a collaborative source compliant license policy as defined by the
Collaborative Source Initiative ( www.collaborativesource.org ) or does not want
to adjust this license consequently, Original Contributor shall release the last
version available under a collaborative source license under an open source
license of his choice as defined by the Open Source Initiative (
www.opensource.org ).

5. Disclaimer of Warranty.

5.1. COMMUNITY CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
THAT THE COMMUNITY CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE RISK IN CONNECTION WITH
YOUR USE AND DISTRIBUTION OF COMMUNITY CODE UNDER THIS LICENSE. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
COMMUNITY CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.

5.2. You acknowledge that Original Code, Upgraded Code and Specifications are
not designed or intended for use in (i) on-line control of aircraft, air
traffic, aircraft navigation or aircraft communications; or (ii) in the design,
construction, operation or maintenance of any nuclear facility. Original
Contributor disclaims any express or implied warranty of fitness for such uses.

6. Termination.

6.1. By You. You may terminate this Research and Development Use license at any
time.

6.2. By Original Contributor. This License and the rights granted hereunder will
terminate:

(i) automatically if You fail to comply with the terms of this License and fail
to cure such breach within 30 days of receipt of written notice of the breach;

(ii) immediately in the event of circumstances specified in Sections 7.1 or 8.4;
or

(iii) at Original Contributor's discretion upon any action initiated in the
first instance by You alleging that use or distribution by Original Contributor
or any Licensee, of Original Code, Upgraded Code, Error Corrections or Shared
Modifications contributed by You, or Specifications, infringe a patent owned or
controlled by You.

6.3. Effect of Termination. Upon termination, You agree to discontinue use and
return or destroy all copies of Community Code in your possession. All
sublicenses to the Community Code which you have properly granted shall survive
any termination of this License. Provisions which, by their nature, should
remain in effect beyond the termination of this License shall survive including,
without limitation, Sections 2.2, 3, 5, 7 and 8.

6.4. Each party waives and releases the other from any claim to compensation or
indemnity for permitted or lawful termination of the business relationship
established by this License.

7. Liability.

7.1. Infringement. Should any of the Original Code, Upgraded Code or
Specifications ("Materials") become the subject of a claim of infringement,
Original Contributor may, at its sole option, (i) attempt to procure the rights
necessary for You to continue using the Materials, (ii) modify the Materials so
that they are no longer infringing, or (iii) terminate Your right to use the
infringing code, immediately upon written notice, while retaining your rights to
continue using the Materials that are not the subject of a claim of
infringement.

7.2. LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW,
ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR CLAIMS RELATING TO THIS LICENSE,
WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OF
THE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL CONTRIBUTOR FOR ALL
COPIES LICENSED HEREUNDER OF THE PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IF
ANY. IN NO EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR ERROR
CORRECTIONS) OR ORIGINAL CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT
OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR
OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY,
WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY.

8. Miscellaneous.

8.1. Trademark. You agree to comply with the then current ZILVERLINE Trademark &
logo usage requirements accessible through the Zilverline Web Server. Except as
expressly provided in the License, You are granted no right, title or license
to, or interest in, any ZILVERLINE Trademarks. You agree not to (i) challenge
Original Contributor's ownership or use of ZILVERLINE Trademarks; (ii) attempt
to register any ZILVERLINE Trademarks, or any mark or logo substantially similar
thereto; or (iii) incorporate any ZILVERLINE Trademarks into your own
trademarks, product names, service marks, company names, or domain names.

8.2. Integration. This License represents the complete agreement concerning the
subject matter hereof.

8.3. Assignment. Original Contributor may assign this License, and its rights
and obligations hereunder, in its sole discretion. You may assign the Research
and Development Use portions of this License to a third party. You may not
assign the Internal Deployment Use or Commercial Use license, including by way
of merger (regardless of whether You are the surviving entity) or acquisition,
without Original Contributor's prior written consent.

8.4. Severability. 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. Notwithstanding the foregoing, if You are prohibited by law from
fully and specifically complying with Sections 2.2 or 3, this License will
immediately terminate and You must immediately discontinue any use of Community
Code.

8.5. Governing Law. This License shall be exclusively governed by the laws of
Switzerland. The application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded.

8.6. Dispute Resolution. All disputes arising out of or in connection with the
present License, including disputes on its conclusion, binding effect, amendment
and termination shall be resolved, to the exclusion of the ordinary courts by a
single Arbitrator in accordance with the International Arbitration Rules of the
Geneva Chamber of Commerce. The decision of the Arbitrator shall be final, and
the parties waive all challenge of the award in accordance with Dutch Private
International Law Statute.

8.7. Construction. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not apply to this License.

8.8. U.S. Government End Users. The Community 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 Community Code with only those rights set forth
herein. You agree to pass this notice to Your licensees.

8.9. Press Announcements. All press announcements relative to the execution of
this License must be reviewed and approved by Original Contributor and You prior
to release.

8.10. International Use.

a) Export/Import Laws. Community Code is subject to Dutch export control laws
and may be subject to export or import regulations in other countries. Each
party agrees to comply strictly with all such laws and regulations and
acknowledges their responsibility to obtain such licenses to export, re-export,
or import as may be required. You agree to pass these obligations to Your
licensees.

b) Intellectual Property Protection. Due to limited intellectual property
protection and enforcement in certain countries, You agree not to redistribute
the Original Code, Upgraded Code, and Specifications to any country other than
the list of restricted countries on the ZCSL Web Server.

8.11. Language. This License is in the English language only, which language
shall be controlling in all respects, and all versions of this License in any
other language shall be for accommodation only and shall not be binding on the
parties to this License. All communications and notices made or given pursuant
to this License, and all documentation and support to be provided, unless
otherwise noted, shall be in the English language.

GLOSSARY

1. "Commercial Use" means any use of a Derivative Work by You to any third
party, alone or bundled with any other software or hardware, for direct or
indirect commercial or strategic gain or advantage, is subject to execution of a
purchase or reselling agreement by You and Original Contributor.

2. "Community Code" means the Original Code, Upgraded Code, Error Corrections,
Shared Modifications, or any combination thereof.

3. "Community Web Server(s)" means the web server(s) designated by Original
Contributor for posting Error Corrections and Shared Modifications and/or
accessing documentation.

4. "Compliant Community Code" means Shared Modifications that have been
submitted to Original Contributor for review and have been accepted as valid and
correct Community Code.

5. "Contributor" means each Licensee that creates or contributes to the creation
of any Error Correction or Shared Modification.

6. "Derivative Work" means any work, whether in Source or Object form, that is
based on (or derived from) Community Code and for which the editorial revisions,
annotations, elaborations, or other Modifications represent, as a whole, an
original work of authorship. For the purposes of this License, Derivative Works
shall not include works that remain separable from, or merely link (or bind by
name) to the interfaces of, the Community Code and Derivative Works thereof.

7. "Error Correction" means any change made to Community Code which conforms to
the Specification and corrects the adverse effect of a failure of Community Code
to perform any function set forth in or required by the Specifications.

8. "Executable" means the Original Code, Upgraded Code, Modifications, or any
combination thereof that has been converted to a form other than Source Code.

9. "Extension(s)" means any additional classes or other programming code and/or
interfaces developed by or for You which: (i) are designed for use with the
Technology; (ii) constitute an API for a library of computing functions or
services; and (iii) are disclosed to third party software developers for the
purpose of developing software which invokes such additional classes or other
programming code and/or interfaces. The foregoing shall not apply to software
development by Your subcontractors to be exclusively used by You.

10. "Intellectual Property Rights" means worldwide statutory and common law
rights associated solely with (i) patents and patent applications; (ii) works of
authorship including copyrights, copyright applications, copyright registrations
and "moral rights"; (iii) the protection of trade and industrial secrets and
confidential information; ; (iv) trademarks, trade names, service marks and
logos (whether the same is registered or unregistered), and (v) divisions,
continuations, renewals, and re-issuances of the foregoing now existing or
acquired in the future.

11. "Internal Deployment Use" means use of the Original Code, Upgraded Code,
Modifications, or any combination thereof (excluding Research and Development
Use) within Your business or organization only by Your employees and/or agents,
subject to execution of Attachment C by You and Original Contributor, if
required.

12. "Licensee" means any party that has entered into and has in effect a version
of this License with Original Contributor.

13. "Modification(s)" means (i) any change to Community Code; (ii) any new file
or other representation of computer program statements that contains any portion
of Community Code; and/or (iii) any new Source Code implementing any portion of
the Specifications.

14. "Original Code" means the initial Source Code for the Technology as
described on the Technology Download Site.

15. "Original Contributor" means Michael Franken, Amsterdam, the Netherlands.

16. "Reformatted Specifications" means any revision to the Specifications which
translates or reformats the Specifications (as for example in connection with
Your documentation) but which does not alter, subset or superset the functional
or operational aspects of the Specifications.

17. "Research and Development Use" means use and distribution of the Original
Code, Upgraded Code, Modifications, or any combination thereof only for Your
research, development, educational or personal and individual use, and expressly
excludes Internal Deployment Use and Commercial Use.

18. "ZCSL Webpage" means the ZILVERLINE Collaborative Source license webpage
located at http://www.zilverline.org/ or such other URL that Original
Contributor may designate from time to time.

19. "Shared Modifications" means Modifications provided by You, at Your option,
pursuant to Section 2.2, or received by You from a Contributor pursuant to
Section 2.3.

20. "Source Code" means computer program statements written in any high-level,
readable form suitable for modification and development.

21. "Specifications" means the specifications for the Technology and other
documentation, as designated on the Zilverline WebServer, as may be revised by
Original Contributor and other Contributors from time to time.

22. "ZILVERLINE Trademarks" means Original Contributor's ZILVERLINE trademarks
and logos, whether now used or adopted in the future.

23. "Technology" means the technology described in Attachment B, and Upgrades.

24. "Technology Download Site" means the site(s) designated by Original
Contributor for access to the Original Code, Upgraded Code and Specifications.

25. "Upgrade(s)" means new versions of Technology designated exclusively by
Original Contributor as an "Upgrade" and released by Original Contributor from
time to time.

26. "Upgraded Code" means the Source Code for Upgrades, possibly including Error
Corrections and Shared Modifications made by Contributors.

27. "You(r)" means an individual, or a legal entity acting by and through an
individual or individuals, exercising rights either under this License or under
a future version of this License issued pursuant to Section 4.1. For legal
entities, "You(r)" includes any entity that by majority voting interest
controls, is controlled by, or is under common control with You.