- Definitions
1.1. "Contributor" means each individual or legal entity that creates, contributes to the creation of, or owns Covered Software.
1.2. "Contributor Version" means the combination of the Contributions of others (if any) used by a Contributor and that particular Contributor’s Contribution.
1.3. "Contribution" means Covered Software of a particular Contributor.
1.4. "Covered Software" means Source Code Form to which the initial Contributor has attached the notice in Exhibit A, the Executable Form of such Source Code Form, and Modifications of such Source Code Form, in each case including portions thereof.
1.5. "Executable Form" means any form of the work other than Source Code Form.
1.6. "Larger Work" means a work that combines Covered Software with other material, in a separate file or files, that is not Covered Software.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently, any and all of the rights conveyed by this License.
1.9. "Modifications" means any of the following:
(a) any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of Covered
Software; or
(b) any new file in Source Code Form that contains any Covered
Software.
1.10. "Research Purposes" means use for internal research and not intended for or directed towards commercial advantages or monetary compensation; provided, however, that monetary compensation does not include sponsored research of research funded by grants.
1.11 "Secondary License" means either the GNU General Public License, Version 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General Public License, Version 3.0, or any later versions of those licenses.
1.12. "Source Code Form" means the form of the work preferred for making modifications.
1.13. "You" (or "Your") means an individual or a legal entity exercising rights under this License. For legal entities, "You" includes any entity that 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.
- License Grants and Conditions
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license under Contributor copyrights Licensable by such Contributor to use, reproduce, make available, modify, display, perform, distribute, and otherwise exploit solely for Research Purposes its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution become effective for each Contribution on the date the Contributor first distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. The License is incompatible with Secondary Licenses. Notwithstanding Section 2.1 above, no copyright license is granted:
(a) for any code that a Contributor has removed from Covered Software; or
(b) use of the Contributions or its Contributor Version other than for Research Purposes only; or
(c) for infringements caused by: (i) Your and any other third party’s modifications of Covered Software, or (ii) the combination of its Contributions with other software (except as part of its Contributor Version).
This License does not grant any rights in the patents, trademarks, service marks, or logos of any Contributor (except as may be necessary to comply with the notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to distribute the Covered Software under a subsequent version of this License (see Section 10.2) or under the terms of a Secondary License (if permitted under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its Contributions are its original creation(s) or it has sufficient rights to grant the rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in Section 2.1.
- Responsibilities
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, must be under the terms of this License. You must inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License. You may not attempt to alter or restrict the recipients’ rights in the Source Code Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
(a) such Covered Software must also be made available in Source Code Form, as described in Section 3.1, and You must inform recipients of the Executable Form how they can obtain a copy of such Source Code Form by reasonable means in a timely manner, at a charge no more than the cost of distribution to the recipient; and
(b) You may distribute such Executable Form under the terms of this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. The Larger Work may not be a combination of Covered Software with a work governed by one or more Secondary Licenses.
3.4. Notices
You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any license notices to the extent required to remedy known factual inaccuracies.
3.5. Application of Additional Terms
You may not choose to offer, or charge a fee for use of the Covered Software or a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. You must make it absolutely clear that any such warranty, support, indemnity, or liability obligation is offered by You alone, and You hereby agree to indemnify every Contributor for any liability incurred by such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdiction.
- 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 Software 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 placed in a text file included with all distributions of the Covered Software under this License. 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.
- Termination
5.1. The rights granted under this License will terminate automatically if You fail to comply with any of its terms.
5.2. If You initiate litigation against any entity by asserting an infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or Your distributors under this License prior to termination shall survive termination.
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- Disclaimer of Warranty *
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- Covered Software is provided under this License on an "as is" *
- basis, without warranty of any kind, either expressed, implied, or *
- statutory, including, without limitation, warranties that the *
- Covered Software 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 Software is with You. *
- Should any Covered Software prove defective in any respect, You *
- (not any 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 Covered Software is *
- authorized under this License except under this disclaimer. *
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- Limitation of Liability *
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- Under no circumstances and under no legal theory, whether tort *
- (including negligence), contract, or otherwise, shall any *
- Contributor, or anyone who distributes Covered Software as *
- permitted above, be liable to You for any direct, indirect, *
- special, incidental, or consequential damages of any character *
- including, without limitation, damages for lost profits, loss of *
- goodwill, work stoppage, computer failure or malfunction, or any *
- and all other commercial damages or losses, even if such party *
- shall have been informed of the possibility of such damages. This *
- limitation of liability shall not apply to liability for death or *
- personal injury resulting from such party’s negligence to the *
- extent applicable law prohibits such limitation, but in such event, *
- and to the greatest extent permissible, damages will be limited to *
- direct damages not to exceed one hundred dollars. Some *
- jurisdictions do not allow the exclusion or limitation of *
- incidental or consequential damages, so this exclusion and *
- limitation may not apply to You. *
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- Litigation
Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party’s ability to bring cross-claims or counter-claims.
- Miscellaneous
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. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License against a Contributor.
- Versions of the License
10.1. New Versions
Oxford Nanopore Technologies PLC. is the license steward. Except as provided in Section 10.3, no one other than the license steward has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms of any subsequent version published by the license steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to create a new license for such software, you may create and use a modified version of this License if you rename the license and remove any references to the name of the license steward (except to note that such modified license differs from this License).
This Source Code Form is subject to the terms of the Oxford Nanopore Technologies PLC. Public License, v. 1.0. Full licence can be found obtained from support@nanoporetech.com
If it is not possible or desirable to put the notice in a particular file, then You may include the notice in a location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice.
You may add additional accurate notices of copyright ownership.