WEBSTONE PUBLIC LICENSE
Version 1.0 



1. Definitions. 
    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 the individual or entity identified as the 
    Initial Developer in the Source Code notice required by Exhibit A. 
    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. 
    1.9. ``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. 
    1.11. ``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 a list of 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'' means an individual or a legal entity exercising rights under, 
    and complying with all of the terms of, 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 fifty percent (50%) or 
    more 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) to use, reproduce, modify, display, perform, sublicense and 
        distribute the Original Code (or portions thereof) with or without 
        Modifications, or as part of a Larger Work; and 
        (b) under patents now or hereafter owned or controlled by Initial 
        Developer, to make, have made, use and sell (``Utilize'') the Original 
        Code (or portions thereof), but solely to the extent that any such 
        patent is reasonably necessary to enable You to Utilize the Original 
        Code (or portions thereof) and not to any greater extent that may be 
        necessary to Utilize further Modifications or combinations. 
    2.2. Contributor Grant. 
    Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive 
    license, subject to third party intellectual property claims: 
        (a) 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 or as part of a Larger Work; and 
        (b) under patents now or hereafter owned or controlled by Contributor, 
        to Utilize the Contributor Version (or portions thereof), but solely to 
        the extent that any such patent is reasonably necessary to enable You to 
        Utilize the Contributor Version (or portions thereof), and not to any 
        greater extent that may be necessary to Utilize further Modifications or 
        combinations. 
    2.3. No Grant of WebStone Trademark. 
    Mindcraft does not hereby grant You the right to use the trademark 
    "WebStone" or the WebStone logo with any Modifications You make or as part 
    of a Larger Work. If you do sublicense and distribute the Original Code 
    without Modifications, you may use the trademark "WebStone" to describe the 
    Original Code. 
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 Sections 2.2 and 
    2.3. 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 You have knowledge that a party claims an intellectual property right 
        in particular functionality or code (or its utilization under this 
        License), you 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 you obtain such knowledge after You make Your Modification available 
        as described in Section 3.2, You shall promptly modify the LEGAL file in 
        all copies You make 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 Your Modification is an application programming interface and You own 
        or control patents which are reasonably necessary to implement that API, 
        you must also include this information in the LEGAL file. 
    3.5. Required Notices. 
    You must duplicate the notice in Exhibit A in each file of the Source Code, 
    and this License in any documentation for the Source Code, where You 
    describe recipients' rights relating to Covered Code. If You created one or 
    more Modification(s), You may add your name as a Contributor to the notice 
    described in Exhibit A. 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 file) where a user would 
    be likely to look for such a notice. 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 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 the Initial Developer and every Contributor for any liability 
    incurred by the Initial Developer or such Contributor as a result of any 
    such terms You offer. 
    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 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. 
    Mindcraft, Inc. (``Mindcraft'') 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 Mindcraft. No one other than 
    Mindcraft has the right to modify the terms applicable to Covered Code 
    created under this License. 
    6.3. Derivative Works. 
    If you create or use a modified version of this License (which you may only 
    do in order to apply it to code which is not already Covered Code governed 
    by this License), you must (a) rename Your license so that the phrases 
    ``WebStone'' or ``Mindcraft'' or any confusingly similar phrase do not 
    appear anywhere in your license and (b) otherwise make it clear that your 
    version of the license contains terms which differ from the WebStone Public 
    License. (Filling in the name of the Initial Developer, Original Code or 
    Contributor in the notice described in Exhibit A shall not of themselves be 
    deemed to be modifications of this License.) 
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. 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. 
    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. 
9. LIMITATION OF LIABILITY. 
    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING 
    NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER 
    CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF 
    SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, 
    SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, 
    WITHOUT LIMITATION, DAMAGES FOR 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. SOME JURISDICTIONS DO NOT ALLOW 
    THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT 
    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 California law provisions 
    (except to the extent applicable law, if any, provides otherwise), 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: (a) unless otherwise agreed in 
    writing, all disputes relating to this License (excepting any dispute 
    relating to intellectual property rights) shall be subject to final and 
    binding arbitration, with the losing party paying all costs of arbitration; 
    (b) any arbitration relating to this Agreement shall be held in Santa Clara 
    County, California, under the auspices of JAMS/EndDispute; and (c) any 
    litigation relating to this Agreement shall be subject to the jurisdiction 
    of the Federal Courts of the Northern District of California, with venue 
    lying in Santa Clara County, California, with the losing party responsible 
    for costs, including without limitation, court costs and reasonable 
    attorneys fees and expenses. The application of the United Nations 
    Convention on Contracts for the International Sale of Goods is expressly 
    excluded. 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. 
    Except in cases where another Contributor has failed to comply with Section 
    3.4, You are responsible for damages arising, directly or indirectly, out of 
    Your utilization of rights under this License, based on the number of copies 
    of Covered Code you made available, the revenues you received from utilizing 
    such rights, and other relevant factors. You agree to work with affected 
    parties to distribute responsibility on an equitable basis. 
EXHIBIT A. 
    ``The contents of this file are subject to the WebStone 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://www.mindcraft.com/webstone/license10.html.
    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 WebStone 2.5. 
    The Initial Developer of the Original Code is Silicon Graphics, Inc. and 
    Mindcraft, Inc.. Portions created by Silicon Graphics. and Mindcraft. are 
    Copyright (C) 1995-1998 Silicon Graphics, Inc. and Mindcraft, Inc. All 
    Rights Reserved. 
    Contributor(s): ______________________________________.'' 
