- Created: 26 May 2016
XSHARP COMPILER SOURCE CODE LICENSE - V 1.0
Version effective date: Sept 15, 2015
The accompanying program is provided under the terms of this XSharp
compiler source code license ("agreement"). Any use, reproduction or
distribution of the program constitutes subscriber's acceptance of
"Program" means the source code of the XSharp compiler
a) in the case of the initial Contributor, the initial code and
documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from
and are distributed by that particular Contributor. A Contribution
'originates' from a Contributor if it was added to the Program by
such Contributor itself or anyone acting on such Contributor's
behalf. Contributions do not include additions to the Program which:
(i) are separate modules of software distributed in conjunction
with the Program under their own license agreement,
(ii) are not derivative works of the Program or
(iii) are not seen as substantial changes or additions by
"Licensed Patents" mean patent claims licensable by a Contributor
which are necessarily infringed by the use or sale of its
Contribution alone or when combined with the Program.
The "Friends Of XSharp" (FOX) community program is the subscription
service under which the XSharp project, represented by XSharp BV,
publishes the source code for the XSharp Compiler for its
"Binary Form" means a compiled version of the Program.
"XSharp BV" is "XSharp BV", a company from the Netherlands.
"Contributor" means any person or entity that contributes to the
Program and whose contribution is included by XSharp BV in the
official distribution of the Program.
"Subscriber" means anyone who subscribes to the FOX program and
receives the Program under this Agreement, including all
Contributors and including XSharp BV.
3. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby
grants Subscriber a non-exclusive, worldwide, royalty-free copyright
license to reproduce, prepare derivative works of, publicly display,
publicly perform, distribute and sublicense the Contribution of such
Contributor, if any, and such derivative works, in Binary Form.
Disclosure of the program other than in binary form to non-
Subscribers is explicitly forbidden.
b) Subject to the terms of this Agreement, each Contributor hereby
grants Subscriber a non-exclusive, worldwide, royalty-free patent
license under Licensed Patents to make, use, sell, offer to sell,
import and otherwise transfer the Contribution of such Contributor,
in Binary Form. This patent license shall apply to the combination
of the Contribution and the Program if, at the time the Contribution
is added by the Contributor, such addition of the Contribution
causes such combination to be covered by the Licensed Patents. The
patent license shall not apply to any other combinations which
include the Contribution. No hardware per se is licensed hereunder.
c) Subscriber understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity.
Each Contributor disclaims any liability to Subscriber for claims
brought by any other entity based on infringement of intellectual
property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, each Subscriber hereby
assumes sole responsibility to secure any other intellectual
property rights needed, if any.
d) Each Contributor represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to grant
the copyright license set forth in this Agreement.
A Contributor may choose to distribute the Program in Binary Form
under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all
warranties and conditions, express and implied, including warranties
or conditions of title and non-infringement, and implied warranties
or conditions of merchantability and fitness for a particular
ii) effectively excludes on behalf of all Contributors all
liability for damages, including direct, indirect, special,
incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this
Agreement are offered by that Contributor alone and not by any other
iv) states that source code for the Program is only available
Contributors may not remove or alter any copyright notices contained
within the Program.
Each Contributor must identify itself as the originator of its
Contribution, if any, in a manner that reasonably allows others to
identify the originator of the Contribution.
A complete list of all Contributors will be included with the source
code of the Program.
5. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain
responsibilities with respect to end users, business partners and
the like. While this license is intended to facilitate the
commercial use of the Program, the Contributor who includes the
Program in a commercial product offering should do so in a manner
which does not create potential liability for other Contributors.
Therefore, if a Contributor includes the Program in a commercial
product offering, such Contributor ("Commercial Contributor") hereby
agrees to defend and indemnify every other Contributor ("Indemnified
Contributor") against any losses, damages and costs (collectively
"Losses") arising from claims, lawsuits and other legal actions
brought by a third party against the Indemnified Contributor to the
extent caused by the acts or omissions of such Commercial
Contributor in connection with its distribution of the Program in a
commercial product offering. The obligations in this section do not
apply to any claims or Losses relating to any actual or alleged
intellectual property infringement. In order to qualify, an
Indemnified Contributor must: a) promptly notify the Commercial
Contributor in writing of such claim, and b) allow the Commercial
Contributor to control, and cooperate with the Commercial
Contributor in, the defense and any related settlement negotiations.
The Indemnified Contributor may participate in any such claim at its
For example, a Contributor might include the Program in a commercial
product offering, Product X. That Contributor is then a Commercial
Contributor. If that Commercial Contributor then makes performance
claims, or offers warranties related to Product X, those performance
claims and warranties are such Commercial Contributor's
responsibility alone. Under this section, the Commercial Contributor
would have to defend claims against the other Contributors related
to those performance claims and warranties, and if a court requires
any other Contributor to pay any damages as a result, the Commercial
Contributor must pay those damages.
6. LIMITED WARRANTY
Except as expressly set forth in this agreement, the program is
provided 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,
merchantability or fitness for a particular purpose. Each Subscriber
is solely responsible for determining the appropriateness of using
and distributing the Program and assumes all risks associated with
its exercise of rights under this Agreement, including but not
limited to the risks and costs of program errors, compliance with
applicable laws, damage to or loss of data, programs or equipment,
and unavailability or interruption of operations.
7. LIMITATION OF LIABILITY
Except as expressly set forth in this agreement, neither subscriber
nor any contributors shall have any liability for any direct,
indirect, incidental, special, exemplary, or consequential damages
(including without limitation lost profits), however caused and on
any theory of liability, whether in contract, strict liability, or
tort (including negligence or otherwise) arising in any way out of
the use or distribution of the program or the exercise of any rights
granted hereunder, even if advised of the possibility of such
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability
of the remainder of the terms of this Agreement, and without further
action by the parties hereto, such provision shall be reformed to
the minimum extent necessary to make such provision valid and
If Subscriber institutes patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that
the Program itself (excluding combinations of the Program with other
software or hardware) infringes such Subscriber's patent(s), then
such Subscriber's rights granted under Section 2(b) shall terminate
as of the date such litigation is filed.
All Subscriber's rights under this Agreement shall terminate if it
fails to comply with any of the material terms or conditions of this
Agreement and does not cure such failure in a reasonable period of
time after becoming aware of such noncompliance. If all Subscriber's
rights under this Agreement terminate, Subscriber agrees to cease
use and distribution of the Program as soon as reasonably
practicable. However, Subscriber's obligations under this Agreement
and any licenses granted by Subscriber relating to the Program shall
continue and survive.
10. AGREEMENT STEWARD
Everyone is permitted to copy and distribute copies of this
Agreement, but in order to avoid inconsistency the Agreement is
copyrighted and may only be modified in the following manner. The
Agreement Steward reserves the right to publish new versions
(including revisions) of this Agreement from time to time. No one
other than the Agreement Steward has the right to modify this
Agreement. XSharp BV is the initial Agreement Steward. XSharp BV may
assign the responsibility to serve as the Agreement Steward to a
suitable separate entity. Each new version of the Agreement will be
given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of
the Agreement under which it was received. In addition, after a new
version of the Agreement is published, Contributor may elect to
distribute the Program (including its Contributions) under the new
version. Except as expressly stated in Sections 2(a) and 2(b) above,
Subscriber receives no rights or licenses to the intellectual
property of any Contributor under this Agreement, whether expressly,
by implication, estoppel or otherwise. All rights in the Program not
expressly granted under this Agreement are reserved.
11. JURISDICTION AND VENUE.
This Agreement is governed by the applicable laws of The
Netherlands. No party to this Agreement will bring a legal action
under this Agreement more than one year after the cause of action
arose. Each party waives its rights to a jury trial in any resulting
END OF TERMS AND CONDITIONS
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Licensed under the X# compiler source code License, Version 1.0
you may not use this file except in compliance with the License.
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Unless required by applicable law or agreed to in writing, software
Distributed under the License is distributed on an "as is" basis,
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