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OpenMap Software License Agreement
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This Agreement sets forth the terms and conditions under which
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the software known as OpenMap(tm) will be licensed by BBN
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Technologies ("BBN") to you ("Licensee"), and by which Derivative
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Works (as hereafter defined) of OpenMap will be licensed by you to BBN.
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Definitions:
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"Derivative Work(s)" shall mean any revision, enhancement,
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modification, translation, abridgement, condensation or
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expansion created by Licensee or BBN that is based upon the
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Software or a portion thereof that would be a copyright
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infringement if prepared without the authorization of the
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copyright owners of the Software or portion thereof.
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"OpenMap" shall mean a programmer's toolkit for building map
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based applications as originally created by BBN, and any
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Derivative Works thereof as created by either BBN or Licensee,
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but shall include only those Derivative Works BBN has approved
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for inclusion into, and BBN has integrated into OpenMap.
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"Standard Version" shall mean OpenMap, as originally created by
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BBN.
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"Software" shall mean OpenMap and the Derivative Works created
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by Licensee and the collection of files distributed by the
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Licensee with OpenMap, and the collection of files created
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through textual modifications.
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"Copyright Holder" is whoever is named in the copyright or
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copyrights for the Derivative Works.
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"Licensee" is you, only if you agree to be bound by the terms
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and conditions set forth in this Agreement.
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"Reasonable copying fee" is whatever you can justify on the
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basis of media cost, duplication charges, time of people
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involved.
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"Freely Available" means that no fee is charged for the item
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itself, though there may be fees involved in handling the item.
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It also means that recipients of the item may redistribute it
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under the same conditions that they received it.
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1. BBN maintains all rights, title and interest in and to
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OpenMap, including all applicable copyrights, trade secrets,
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patents and other intellectual rights therein. Licensee hereby
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grants to BBN all right, title and interest into the compilation
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of OpenMap. Licensee shall own all rights, title and interest
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into the Derivative Works created by Licensee (subject to the
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compilation ownership by BBN).
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2. BBN hereby grants to Licensee a royalty free, worldwide right
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and license to use, copy, distribute and make Derivative Works of
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OpenMap, and sublicensing rights of any of the foregoing in
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accordance with the terms and conditions of this Agreement,
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provided that you duplicate all of the original copyright notices
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and associated disclaimers.
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3. Licensee hereby grants to BBN a royalty free, worldwide right
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and license to use, copy, distribute and make Derivative Works of
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Derivative Works created by Licensee and sublicensing rights of
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any of the foregoing.
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4. Licensee's right to create Derivative Works in the Software is
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subject to Licensee agreement to insert a prominent notice in
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each changed file stating how and when you changed that file, and
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provided that you do at least ONE of the following:
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a) place your modifications in the Public Domain or otherwise
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make them Freely Available, such as by posting said
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modifications to Usenet or an equivalent medium, or
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placing the modifications on a major archive site and by
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providing your modifications to the Copyright Holder.
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b) use the modified Package only within your corporation or
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organization.
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c) rename any non-standard executables so the names do not
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conflict with standard executables, which must also be
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provided, and provide a separate manual page for each
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non-standard executable that clearly documents how it
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differs from OpenMap.
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d) make other distribution arrangements with the Copyright
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Holder.
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5. Licensee may distribute the programs of this Software in
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object code or executable form, provided that you do at least ONE
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of the following:
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a) distribute an OpenMap version of the executables and
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library files, together with instructions (in the manual
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page or equivalent) on where to get OpenMap.
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b) accompany the distribution with the machine-readable
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source code with your modifications.
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c) accompany any non-standard executables with their
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corresponding OpenMap executables, giving the non-standard
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executables non-standard names, and clearly documenting
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the differences in manual pages (or equivalent), together
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with instructions on where to get OpenMap.
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d) make other distribution arrangements with the Copyright
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Holder.
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6. You may charge a reasonable copying fee for any distribution
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of this Software. You may charge any fee you choose for support
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of this Software. You may not charge a fee for this Software
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itself. However, you may distribute this Software in aggregate
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with other (possibly commercial) programs as part of a larger
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(possibly commercial) software distribution provided that you do
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not advertise this Software as a product of your own.
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7. The data and images supplied as input to or produced as output
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from the Software do not automatically fall under the copyright
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of this Software, but belong to whomever generated them, and may
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be sold commercially, and may be aggregated with this Software.
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8. BBN makes no representation about the suitability of OpenMap
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for any purposes. BBN shall have no duty or requirement to
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include any Derivative Works into OpenMap.
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9. Each party hereto represents and warrants that they have the
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full unrestricted right to grant all rights and licenses granted
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to the other party herein.
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10. THIS PACKAGE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY
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KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO)
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ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, AND
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WITHOUT ANY WARRANTIES AS TO NONINFRINGEMENT.
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11. IN NO EVENT SHALL COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT,
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SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
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FROM LOSS OF USE OF DATA OR PROFITS, WHETHER IN AN ACTION OF
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CONTRACT, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, ARISING OUT OF OR
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IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS PACKAGE.
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12. Without limitation of the foregoing, You agree to commit no
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act which, directly or indirectly, would violate any U.S. law,
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regulation, or treaty, or any other international treaty or
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agreement to which the United States adheres or with which the
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United States complies, relating to the export or re-export of
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any commodities, software, or technical data.
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