Regenstrief Markle Open Source License
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2006-10-25 10:24
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Regenstrief License
Version 1.0, March 23, 2006
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 10 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work 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 Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
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the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a worldwide,
non-exclusive, no-charge, royalty-free copyright license to
reproduce, prepare Derivative Works of, publicly display, publicly
perform, sublicense, and distribute the Work and such Derivative
Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a worldwide,
non-exclusive, no-charge, royalty-free (except as stated in this
section) patent license to make, have made, use, offer to sell,
sell, import, and otherwise transfer the Work, where such license
applies only to those patent claims licensable by such Contributor
that are necessarily infringed by their Contribution(s) alone or
by combination of their Contribution(s) with the Work to which such
Contribution(s) was submitted. If You institute patent litigation
against any entity (including a cross-claim or counterclaim in a
lawsuit) alleging that the Work or a Contribution incorporated
within the Work constitutes direct or contributory patent
infringement, then any patent licenses granted to You under this
License for that Work shall terminate as of the date such
litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
(d) You must duplicate this License in any documentation for the
Source form where You describe recipient's rights or
ownership rights relating to the Work; and
(e) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
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pertain to any part of the Derivative Works. The contents
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do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License; and
(f) You must display all the copyright, patent, trademark, and
attribution notices for the Work within a display generated
by the Derivative Works, if and wherever such third-party
notices normally appear.
You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Termination. This License will automatically terminate if You
materially breach any of its terms or conditions.
7. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
any other Contributor, Markle Foundation, Connecting for Health, or the
Robert Wood Johnson Foundation except as required for reasonable and
customary use in describing the origin of the Work and reproducing the
content of the NOTICE file. Further, You shall not use the name of the
Licensor, the names of any Contributors, the Markle Foundation,
Connecting for Health, or the Robert Wood Johnson Foundation
to endorse, imply an affiliation with, or otherwise promote products
derived from this Work without specific prior written permission.
8. DISCLAIMER OF WARRANTY. UNLESS REQUIRED BY APPLICABLE LAW OR
AGREED TO IN WRITING, LICENSOR PROVIDES THE WORK (AND EACH
CONTRIBUTOR PROVIDES ITS CONTRIBUTIONS) ON AN "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS
OF TITLE, NON-INFRINGEMENT, DURABILITY, PERFORMANCE, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE WORK IS FREE OF
DEFECTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
WORK IS WITH YOU, INCLUDING ANY RISK WITH RESPECT TO UNAUTHORIZED OR
INADVERTENT DISCLOSURE OF INDIVIDUALLY IDENTIFIABLE INFORMATION OR
PROTECTED HEALTH INFORMATION, AS DEFINED IN 45 CFR § 160.103. YOU
ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING
OR REDISTRIBUTING THE WORK AND ASSUME ANY RISKS ASSOCIATED WITH YOUR
EXERCISE OR PERMISSIONS UNDER THIS LICENSE. THIS DISCLAIMER OF
WARRANTY CONSITITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
THE WORK, OR ANY PORTION THEREOF, IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
9. LIMITATION OF LIABILITY. IN NO EVENT AND UNDER NO LEGAL THEORY,
WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
UNLESS REQUIRED BY APPLICABLE LAW (SUCH AS DELIBERATE AND GROSSLY
NEGLIGENT ACTS) OR AGREED TO IN WRITING, SHALL REGENSTRIEF INSTITUTE,
THE MARKLE FOUNDATION, CONNECTING FOR HEALTH, THE ROBERT WOOD
JOHNSON FOUNDATION (OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES,
CONTRACTORS OR OTHER PERSONS WORKING ON THEIR BEHALF) OR ANY
CONTRIBUTOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE OR OUT OF THE
USE OR INABILITY TO USE THE WORK (INCLUDING BUT NOT LIMITED TO DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR COMPUTER
PROGRAM FAILURE OR MALFUNCTION, LOSS OF USE, LOSS OF DATA, LOST
PROFITS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS
INTERRUPTION, UNAUTHORIZED DISCLOSURE OF PROTECTED HEALTH
INFORMATION, VIOLATION OF PRIVACY RIGHTS, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES), EVEN IF SUCH CONTRIBUTOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, Regenstrief Institute, the Markle Foundation,
Connecting for Health, or the Robert Wood Johnson Foundation
(collectively, the "Indemnified Parties") and only if You agree to indemnify,
defend, and hold each Indemnified Party harmless for any liability
incurred by, or claims asserted against, such Indemnified Party by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Regenstrief License to your work.
To apply the Regenstrief License to your work, attach the following
boilerplate notice. We also recommend that a file or class name and
description of purpose be included on the same "printed page" as
the copyright notice for easier identification within third-party
archives.
Copyright 2005-2006 Regenstrief Institute, Inc. and Markle Foundation
All Rights Reserved.
Licensed under the Regenstrief License, Version 1.0 (the "License");
you may not use this file except in compliance with the License.
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
You should have received a copy of the License along with this program;
if not, write to Regenstrief Institute, Inc., 1050 Wishard Blvd., RG5,
Indianapolis, IN 46202 or call (317) 630-7400.
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