Subject: For Approval: MindTree Public License
From: "Shahnawaz Khan" <shahnawaz_khan@mindtree.com>
Date: Thu, 6 Oct 2005 10:24:04 +0530
Thu, 6 Oct 2005 10:24:04 +0530
 
There is no OSI certified license that is similar to proposed MindTree Public
License. We want to distribute MindTree IP in OpenSource under our own Open
Source compliant license. This license will be specific to IP developed by
MindTree.
 
Software distributed under MindTree Public License can be used with other OSI
certified licenses. Derivative works for software released under MindTree
Public License would need to be released under MindTree Public License. 
 
MindTree Public License is attached with this email.
 
 
Regards,
Shahnawaz Khan
 


 
There is no OSI certified license that is similar to proposed MindTree Public License. We want to distribute MindTree IP in OpenSource under our own Open Source compliant license. This license will be specific to IP developed by MindTree.
 
Software distributed under MindTree Public License can be used with other OSI certified licenses. Derivative works for software released under MindTree Public License would need to be released under MindTree Public License. 
 
MindTree Public License is attached with this email.
 
 
Regards,
Shahnawaz Khan
 

MINDTREE PUBLIC LICENSE
Version 1.0        [06 October 2005]

MindTree Consulting Private Limited ("MindTree") is the owner of the Original Licensed
Software and proposes to permit the use, copy, 
Distribution or Modification of the Original Licensed Software under the terms of this
MindTree Public License (the "MPL").

By clicking on the I Agree button below, You shall be affirming that You have read the
terms and conditions of this MPL and that You agree 
to be bound by the terms of this MPL and that You will abide by and adhere to the duties
and obligations contained in this MPL. Your 
electronic acceptance shall operate as a valid binding contract for the purpose of all
applicable laws in this regard.

1.	MindTree is the owner of the Original Licensed Software, in its entirety, as protected
by Indian law and international conventions. 
Subject to the terms of this MPL, MindTree hereby grants You a world-wide, royalty-free,
perpetual, non-exclusive license to install, use, 
reproduce, Modify, display, perform and Distribute the Original Licensed Software verbatim
or portions thereof (including Modifications), 
in Source Code, with or without the object code.

2.	In the event You Distribute copies of the Original Licensed Software, You agree that
You shall Distribute the same under the terms of 
the MPL, make available a copy of this MPL to every recipient of the Original Licensed
Software and ensure that such recipient is bound by 
the terms and conditions of this MPL. Any failure on Your part to Distribute the Original
Licensed Software, under the terms of the MPL, 
including providing a copy of this MPL, shall render You liable for all direct or indirect
consequences arising from such failure, 
including any indemnification to be provided to MindTree for all such consequences.

3.	You shall not be required to publish, in accordance with this MPL, any Modifications
to the Original Licensed Software in the event 
You do not intend on Distributing the same. However, in the event You Distribute the
Modifications to the Original Licensed Software, You 
agree that upon the first instance of Distribution, the Modifications to the Original
Licensed Software, You shall be deemed, in 
consideration for the mutual rights and obligations contained herein, to have assigned
all of Your intellectual property rights (including 
copyright and patent rights) in any Modifications to MindTree. You agree that such assignment
shall be perpetual, worldwide, royalty free 
and non-revokable. In consideration of Your assignment of the intellectual property
rights of Your Modifications, MindTree shall 
simultaneously grant You a perpetual, world-wide, royalty-free, non-revokable, non-exclusive
licence to use and Distribute the 
Modifications. You also agree to waive all moral rights that You may have in Your Modifications.
You further agreed that such assignment 
shall not lapse nor the rights transferred therein revert to You, even if MindTree does
not exercise the rights under the assignment 
within a period of one year from the date of assignment. You acknowledge and agree that
You shall waives any right to and shall not raise 
any objection or claims with respect to the assignment.

4.	If the assignment under Section 4 is ineffective or does not occur for any reason,
You grant to MindTree a royalty free, perpetual, 
worldwide licence to use all intellectual property rights You have in all Modifications,
including the right to grant licences to others 
on the terms of this MPL or any other license. You acknowledge that notwithstanding
the provisions of Section 30A read along with Section 
19(4) of the (Indian) Copyright Act, 1957, the license shall not lapse nor the right
transferred therein revert to You even if MindTree 
does not exercise the rights under the license within a period of one year from the
date of the license. You shall not take any steps 
against MindTree to revoke the license granted hereunder. You, as a Contributor, agree
to grant to others a world-wide, perpetual, 
royalty-free, non-exclusive license, subject to third party intellectual property claims,
to install, use, reproduce, Modify, display, 
perform, and Distribute any Modifications created by such Contributor or portions thereof,
in Source Code with or without the Object Code, 
either on an unmodified basis or as part of the any larger work. 

5.	All Modifications created and Distributed by You shall be clearly identifiable to
have been made by You. You shall submit, in writing 
or electronically in a manner that can be unequivocally attributed to You, Your Modifications
to MindTree, or any other agency authorized 
to make available the Original Licensed Software, for its inclusion in the Original
Licensed Software. Your Modifications shall be 
documented in a file as part of the Source file which shall also contain Your name,
permanent physical address, email address, the date of 
the modification. If You have knowledge that a license to a third party's intellectual
property right is required to exercise the rights 
granted by this MPL to Your Modifications, including the right to use an API, You must
declare so and describe the claim and provide 
adequate information about such party in the said file.

6.	You represent to MindTree and any other users that Your Modifications are Your original
work and that neither it nor its assignment, 
licence or use under this MPL or its revised versions, infringes the intellectual property
rights of any other person other than a patent 
identified and declared by You as part of Your file in the Source Code. You shall indemnify,
defend and hold harmless MindTree or any 
other user from and against all demands, liabilities, causes of action, judgments, costs,
claims, damages, suits, losses and expenses 
(including attorneys' fees), of any nature, kind or description of any person or entity
whomsoever as a result of and arising our of any 
breach of representation and warranty provided herein.

7.	When Distributing the Modifications and the Original Licensed Software, You shall
ensure that the Source Code of the Modifications and 
the Original Licensed Software are published under the terms of this MPL and the Modifications
and Original Licensed Software are 
Distributed under the terms and notices of this MPL. Any failure on Your part to Distribute
the Original Licensed Software (including its 
Modifications), under the terms of the MPL, including providing a copy of this MPL shall
render You liable for all direct or indirect 
consequences arising from such failure, including any indemnification to be provided
to MindTree for all such consequences.

8.	This MPL, in no way, grants any rights to trademarks, copyrights, patents, trade
secrets or any other intellectual property of 
MindTree or of any Contributor except as expressly stated herein. You agree that You
shall not register a patent or other intellectual 
property right in respect of the Original Licensed Software or any Modifications.

9.	If any provision of this MPL shall be invalid or unenforceable to any extent, for
any reason including by reason of any law or 
regulation or government policy or decision of a court of law, as against You, You shall
cease to carry out such acts which conflict with 
the terms of this MPL. Further, You agree that the remainder of this MPL and the application
of such provision to You other than those as 
to which it is held invalid or unenforceable shall not be affected thereby, and each
provision of this Agreement shall be valid and 
enforceable to the fullest extent permitted by law.

10.	THE ORIGINAL LICENSED SOFTWARE (INCLUDING ITS MODIFICATIONS) IS PROVIDED UNDER THIS
LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF 
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT
THE ORIGINAL LICENSED 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 ORIGINAL LICENSED 
SOFTWARE (INCLUDING ITS MODIFICATIONS) IS WITH YOU. SHOULD ORIGINAL LICENSED SOFTWARE
(INCLUDING ITS MODIFICATIONS) PROVE DEFECTIVE IN ANY 
RESPECT, YOU (AND NOT MINDTREE OR ANY OTHER 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 ORIGINAL LICENSED
SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 
DISCLAIMER.

11.	YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE ORIGINAL LICENSED
SOFTWARE AND YOU AGREE THAT IN NO EVENT AND 
UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE SHALL
MINDTREE BE HELD LIABLE FOR ANY DIRECT, INDIRECT, 
CONSEQUENTIAL, OR INCIDENTAL DAMAGES WITH RESPECT TO ANY CLAIM, FOR ANY REASON, INCLUDING
BUT NOT LIMITED TO ON ACCOUNT OF OR ARISING FROM 
USE OF THE ORIGINAL LICENSED SOFTWARE, 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.

12.	In the event You fail to comply with the terms of this MPL and fail to cure a breach
within thirty (30) days of becoming aware of such 
breach, the MPL and the rights granted hereunder will automatically terminate as regards
You. From the date of termination, You shall 
cease to use the Original Licensed Software. All Distributions of the Original Licensed
Software that are properly made shall however 
survive any termination of this MPL. Provisions that, by their nature, must remain in
effect beyond the termination of this MPL, shall 
survive.

13.	If You initiate litigation by asserting a patent infringement claim against MindTree
or a Contributor ("Respondent") alleging that 
Original Licensed Software directly or indirectly infringes any patent, then any and
all rights granted by such Respondent to You under 
Sections 1 or 4 of this MPL shall terminate prospectively upon thirty (30) days notice
from Respondent (the "Notice Period") unless within 
that Notice Period You either agree in writing to withdraw Your litigation claim with
respect to the Original Licensed Software against 
such Respondent, failing which the rights granted by MindTree or Contributor to You
under Sections 1 and 4 automatically terminate at the 
expiration of said Notice Period.

14.	MindTree has the right to publish revised and/or new versions of this MPL. The Original
Licensed Software, as published under a 
particular version of the MPL, will continue to be used under the terms of that version.
You may also choose to use such Original Licensed 
Software under the terms of any subsequent version of the License published by MindTree.
No one other than MindTree has the right to 
modify the terms applicable to Original Licensed Software created under this License

15.	This MPL shall be governed by and construed and interpreted in accordance with the
laws of India, without giving effect to any 
conflict of law principles. You hereby irrevocably consent to the exclusive jurisdiction
of the Courts of the Bangalore in connection with 
any action or proceeding arising out of or relating to this MPL.

16.	Definitions and Interpretation

"Contributor" shall mean MindTree and any individual or legal entity on behalf of whom
a Contribution has been received by MindTree and 
subsequently incorporated within the Original Licensed Software.

"Distribute" shall mean to post, publish, upload, initiate, transfer or otherwise make
available the Original Licensed Software (including 
its Modifications) to another party, and shall specifically cover the act of placing
a copy of the Original Licensed Software anywhere 
that another party might reasonably be expected to gain access. Distribution may be
possible in any medium (whether tangible or 
intangible, fixed or unfixed), including, but not limited to, document-based medium,
computer-based network, network, magnetic means, 
electronic means, and any other method for the publication, retention, conveyance, possession
or holding of content.

"Interface" shall mean interfaces, functions, properties, class definitions, APIs, Header
Files, GUIDs, VTables, and/or protocols allowing 
one piece of software, firmware or hardware to communicate or interoperate with another
piece of software, firmware or hardware.

"Modification(s)" shall mean (i) any addition to, deletion from and/or change to the
substance and/or structure of the Original Licensed 
Software, including Interfaces; (ii) any addition to, deletion from and/or change to
the files or modules of the Source Code; (iii) adding 
any new file that contains any part of Original Licensed Software. Modifications shall
also include translations of the Original Licensed 
Software.

"Original Licensed Software" shall mean the software licensed under this MPL, which
shall include its Source Code, its object code, its 
Interfaces, and all updates, enhancements, releases, patches, modifications, and error
corrections, and any literature or materials of any 
kind provided in written or electronic form in connection the Original Licensed Software,
including training, promotional or sales 
literature or materials and shall include all assigned Distributed Modifications. 

"Source Code" means the preferred form of the Original Licensed Software, i.e., computer-programming
code for making Modifications, not 
directly executable by a computer but which may be printed out or displayed in a human
readable form, including all modules it contains, 
plus any associated Interfaces, scripts used to control compilation and installation
of an executable, which when compiled through a 
compiler program is convertible into machine readable code.

"You" or "Your" shall mean an individual or legal entity exercising permissions granted
by this MPL.

The following rules apply unless the context requires otherwise:

(a)	Examples given in this MPL are non-limiting. The words "including" and "includes"
are non-limiting;

(b)	words in the singular number include the plural and vice versa; and

(c)	where a word or phrase is given a particular meaning, other parts of speech and
grammatical forms of that word or phrase have 
corresponding meanings.

Copyright  MindTree Consulting Private Limited 
(Unauthorised copying of, altering or modifying of or creating confusingly similar copies
of this version of the MPL is strictly 
prohibited)

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