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OpenMRS Public License
Version 1.0
---------------
Background.
OpenMRS, Inc. ("OpenMRS"), including, as applicable, its licensors, is
the owner of the Original Code (as that term is defined below). The
Original Code as well as all Modifications (as that term is defined
below) are made available for use, modification, and distribution
solely pursuant to and in accordance with the terms and conditions of
this Public License. PLEASE NOTE THAT WHILE THIS PUBLIC LICENSE IS
BASED UPON THE MOZILLA PUBLIC LICENSE VERSION 1.1, THIS PUBLIC LICENSE
IS DIFFERENT FROM, AND CONTAINS CERTAIN TERMS AND CONDITIONS THAT
DIFFER FROM, THE MOZILLA PUBLIC LICENSE AND THE NETSCAPE PUBLIC
LICENSE. SECTION 6.3 OF THIS PUBLIC LICENSE SETS FORTH A SUMMARY OF
THE DIFFERENCES.
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1. "Contributor" means each entity 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.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source
Code.
1.6. "Initial Developer" means (individually and collectively) OpenMRS
and such other individuals or entities as might be identified by OpenMRS
in writing as an Initial Developer.
1.7. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "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. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
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.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code" means Source Code of computer software code
which is described 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. "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 grantor.
1.11. "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. "You" (or "Your") means an individual or a legal entity
exercising rights under 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 entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You 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 use, 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 You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor, to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications
created by such Contributor (or 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 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 combination), to make, use, practice, sell, offer for sale, have
made, and/or otherwise dispose of: 1) Modifications made by that
Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor
Version (or 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.
3.1. 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. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version
of this License released under Section 6.1, 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.
3.2. Availability of Source Code.
Any Modification which 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 date it initially became available, 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 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 or 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 whom to contact. If Contributor obtains such knowledge after
the Modification is made 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 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 may 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 where You describe recipients' rights or ownership
rights relating to 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 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
collateral 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 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 this License are offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to indemnify and hold
harmless (and at the election of the Initial Developer or a
Contributor as applicable, defend) the Initial Developer and every
Contributor from and against any and all liability and expenses
incurred by the Initial Developer or such Contributor as a result of
Your distribution or use of the Covered Code.
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.
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 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.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
OpenMRS 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. 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 OpenMRS. No one
other than OpenMRS has the right to modify the terms applicable to
Covered Code created under this License.
6.3 Summary of Differences with Mozilla Public License Version 1.1.
As noted in the "Background" Section above, this License (while based
on) is different from, and contains certain terms and conditions that
differ from, the Mozilla Public License Version 1.1. The following is
a summary of the differences: (i) the "Background" Section has been
added, (ii) the definition of "Initial Developer" has been revised to
expressly specify that OpenMRS is the Initial Developer, together with
such other individuals or entities as OpenMRS may identify in writing,
(iii) the definition of "You" has been revised to remove the
compliance requirement, (iv) the word "practice" has been included in
the list of rights under Section 2.2(b), (v) the scope of the
indemnification in the last sentence of Section 3.6 has been
broadened, (vi) the ability to revise and create derivatives of this
License as was originally set forth in Section 6.3 has been deleted
and replaced with this summary of differences, (vii) the "Disclaimer
of Warranty" in Section 7 has been broadened, (viii) the limitation of
liability in Section 9 has been broadened, (ix) the choice of law and
venue in Section 11 have been changed to the State of Indiana, U.S.A.
and Marion County, Indiana, U.S.A., respectively, (x) any potential
applicability of the Uniform Computer Information Transactions Act to
this License has been expressly disclaimed in Section 11, (xi) Section
13 regarding the ability to designate portions of the Covered Code as
"Multiple Licensed" has been deleted, and (xii) Exhibit A has been
revised to remove the "Multiple Licensed" notice.
7. DISCLAIMER OF WARRANTY.
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. NO
WARRANTY IS MADE THAT THE COVERED CODE WILL OPERATE UNINTERRUPTED OR
ERROR FREE OR THAT THE FUNCTIONALITY OF THE COVERED CODE (OR ANY
INFORMATION OR CONTENT POSTED ON OR OTHERWISE MADE AVAILABLE BY WAY OF
THE COVERED CODE) WILL MEET YOUR REQUIREMENTS OR THAT THE COVERED CODE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER NO WARRANTIES
OF ANY KIND WHATSOEVER ARE MADE AS TO THE RESULTS THAT YOU WILL OBTAIN
FROM RELYING UPON THE COVERED CODE (OR ANY INFORMATION OR CONTENT
OBTAINED BY WAY OF THE COVERED CODE), INCLUDING BUT NOT LIMITED TO
COMPLIANCE WITH PRIVACY LAWS OR REGULATIONS OR CLINICAL CARE INDUSTRY
STANDARDS AND PROTOCOLS. USE OF THE COVERED CODE IS NOT A SUBSTITUTE
FOR A HEALTH CARE PROVIDERS STANDARD PRACTICE OR PROFESSIONAL
JUDGMENT. ANY DECISION WITH REGARD TO THE APPROPRIATENESS OF
TREATMENT, OR THE VALIDITY OR RELIABILITY OF INFORMATION OR CONTENT
MADE AVAILABLE BY THE COVERED CODE, IS THE SOLE RESPONSIBILITY OF THE
HEALTH CARE PROVIDER. CONSEQUENTLY, IT IS INCUMBENT UPON EACH HEALTH
CARE PROVIDER TO VERIFY ALL MEDICAL HISTORY AND TREATMENT PLANS WITH
EACH PATIENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. 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.
8.2. If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) 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 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.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or
indirectly infringes any patent where such claim is resolved (such as
by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or
license.
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.
9. LIMITATION OF LIABILITY.
THE INITIAL DEVELOPER AND EACH CONTRIBUTOR SHALL NOT BE DEEMED, DUE TO
ANY PROVISION OF THIS AGREEMENT OR OTHERWISE, TO BE LIABLE FOR ANY
CLAIMS OR LOSSES OF ANY KIND RELATED TO THE USE OR INABILITY TO USE
THE COVERED CODE (INCLUDING, WITHOUT LIMITATION, THE USE OF
INFORMATION OR CONTENT MADE AVAILABLE BY THE COVERED CODE).
CONSEQUENTLY, 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, 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, OF ANY NATURE WHATSOEVER (DIRECT
OR OTHERWISE) ON ACCOUNT OF OR ASSOCIATED WITH THE USE OR INABILITY TO
USE THE COVERED CONTENT (INCLUDING, WITHOUT LIMITATION, THE USE OF
INFORMATION OR CONTENT MADE AVAILABLE BY THE COVERED CODE, ALL
DOCUMENTATION ASSOCIATED THEREWITH, AND THE FAILURE OF THE COVERED
CODE TO COMPLY WITH PRIVACY LAWS AND REGULATIONS OR CLINICAL CARE
INDUSTRY STANDARDS AND PROTOCOLS), EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO A PARTY'S LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S GROSS 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.
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.
11. 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
the laws of the State of Indiana, U.S.A., excluding its conflict-of-
law provisions. 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 controversy relating to this
License shall be subject to the exclusive jurisdiction of the Federal
Courts and State Courts (as applicable) located in Marion County,
Indiana, U.S.A., and each party hereby submits itself to the exclusive
jurisdiction of such courts, and any courts of appeal there from, and
waives any objection (on the grounds of lack of jurisdiction, or forum
non conveniens or otherwise) to the exercise of such jurisdiction over
it by any such courts. If one party is a not a citizen of, or is an
entity chartered outside of (and not registered to do business in),
the United States, the applicable law governing the jurisdiction of
which such party is a citizen might impact the terms and conditions of
this Agreement. Whenever such applicable law does have such an
effect, the parties agree to work in good faith to execute such
amendments to this License as may be necessary to fulfill the purpose
and objectives of the terms and conditions set forth in this License.
The losing party shall be responsible for all costs, including without
limitation, court costs and reasonable attorneys' fees and expenses of
the other party(ies). The application of the United Nations Convention
on Contracts for the International Sale of Goods is expressly
excluded. THE PARTIES HEREBY AGREE THAT THE PROVISIONS OF THE UNIFORM
COMPUTER INFORMATION TRANSACTIONS ACT ("UCITA") SHALL NOT BE
APPLICABLE TO THIS AGREEMENT AND/OR THE COVERED CODE. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to
work 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.
EXHIBIT A OpenMRS Public License.
``The contents of this file are subject to the OpenMRS Public License
Version 1.0 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://license.openmrs.org
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 ______________________________________.
The Initial Developer of the Original Code is OpenMRS, LLC.
Copyright (C) OpenMRS, LLC. All Rights Reserved.
Contributor(s): ______________________________________.
[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.]