New Virtual U

Virtual U Public Source License

1. Definitions.
"Virtual U" means collectively the following specific parties associated with the Virtual U project (www.virtual-u.org): The Alfred P. Sloan Foundation, Enlight Software, Jackson Hole Higher Education Group, Anker Publishing, Digitalmill, Inc.

This License applies to any program or other work which Virtual U ("Virtual U") makes publicly available and which contains a notice placed by Virtual U identifying such program or work as "Original Code" and stating that it is subject to the terms of this Virtual U Public Source License ("License").

"Contributor" means any person or entity that creates or contributes to the creation of modifications of the source code.

"Covered Code" means the Original Code and related graphics, sound and music files, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.

"Deploy" means to use, sublicense or distribute Covered Code other than for non-profit Academic use, internal research and development (R&D) or Personal Use.

"Larger Work" means a work that combines Covered Code or portions thereof with additional code not governed by the terms of this License.

"Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.

"Original Code" means (a) the Source Code of a program or other work as originally made available by Virtual U under this License, including the Source Code of any updates or upgrades to such programs or works made available by Virtual U under this License, and that has been expressly identified by Virtual U as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Virtual U under this License.

1.7 "Personal and Academic Use" means use of Covered Code by an individual solely for his or her personal, private and non-commercial purposes or non-commercial academic purposes. An individual's use of Covered Code in his or her capacity as an officer, employee, member, independent contractor or agent of a commercial corporation, business or organization does not qualify as Personal Use.

"Source Code" means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains including graphics, sound and music, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).

"You" or "Your" means an individual or a legal entity exercising rights under this License.

2. Permitted Uses; Conditions & Restrictions.
Subject to the terms and conditions of this License, Virtual U hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Virtual U's Applicable Patent Rights and copyrights covering the Original Code, to do the following:

2.1 You may use, reproduce, display, perform, modify and distribute Original Code, with or without Modifications, solely for Your internal research and development and/or Personal or Non-Commercial Academic Use, provided that in each instance:

(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Virtual U as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and

(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder.

2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code, provided that in each instance:

(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;

(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change;

(c) You must make Source Code of all Your Deployed Modifications publicly available under the terms of this License, including the license grants set forth in Section 3 below, for as long as you Deploy the Covered Code.

(d) if You Deploy Covered Code in object code, executable form only, You must include a prominent notice in the code itself as well as in an accompanying readme.txt file, stating that Source Code of the Covered Code is available under the terms of this License at www.virtual-u.org

2.3 You expressly acknowledge and agree that although Virtual U and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Virtual U or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity.

Virtual U and each Contributor disclaim any liability to You 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, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any to distribute your code.

3. Your Grants.
In consideration of, and as a condition to, the licenses granted to You under this License You hereby grant to Virtual U and all third parties a non-exclusive, royalty-free license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, distribute and Deploy Your Modifications of the same scope and extent as Virtual U's licenses under Sections 2.1 and 2.2; and 4. 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 each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.

5. Limitations on Patent License.
Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Virtual U herein. Modifications and/or Larger Works may require additional patent licenses from Virtual U which Virtual U may grant in its sole discretion.

6. Additional Terms.
At no time does acceptance of these terms or use of Covered Code grant You the right to any technical support or other support for the Covered Code or Modifications including any binary forms by Virtual U or its contributors.

7. Versions of the License.
Virtual U may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Virtual U. No one other than Virtual U has the right to modify the terms applicable to Covered Code created under this License.

8. NO WARRANTY OR SUPPORT.
The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND VIRTUAL U AND VIRTUAL U'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "VIRTUAL U" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. VIRTUAL U AND EACH CONTRIBUTOR DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIRTUAL U, AN VIRTUAL U AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of any machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage.

9. LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VIRTUAL U OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF VIRTUAL U OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Virtual U's total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00).

10. Trademarks.
This License does not grant any rights to use the trademarks or trade names "Virtual U ", "Digitalmill", "Enlight Software", "The Alfred P. Sloan Foundation", "Jackson Hole Higher Education Group (JHHEG)" and any other trademarks or trade names belonging to Virtual U (collectively "Virtual U Marks") or to any trademark or trade name belonging to any Contributor. No Virtual U Marks may be used to endorse or promote products derived from the Original Code unless otherwise permitted in writing by the appropriate trademark holder.

11. Ownership.
Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Virtual U retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Virtual U ("Virtual U Modifications"), and such Virtual U Modifications will not be automatically subject to this License. Virtual U may, at its sole discretion, choose to license such Virtual U Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all.

12. Termination.
12.1 Termination. This License and the rights granted hereunder will terminate:

(a) automatically without notice from Virtual U if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;

(b) immediately in the event of the circumstances described in Section 13.4(b); or

(c) automatically without notice from Virtual U if You, at any time during the term of this License, commence an action for patent infringement against Virtual U.

12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy all copies of the Covered Code that are in your possession or control. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License.

Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.

13. Miscellaneous.
13.1 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among You, Virtual U or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.

13.2 Independent Development. Nothing in this License will impair Virtual U's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.

13.3 Waiver; Construction. Failure by Virtual U or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.

13.4 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.

13.5 Dispute Resolution. Any litigation or other dispute resolution between You and Virtual U relating to this License shall take place in the New York State, and You and Virtual U hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13.6 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of New York, except that body of New York law concerning conflicts of law.

EXHIBIT A.
"Portions Copyright (c) 1999-2001 Alfred P. Sloan Foundation, Jackson Hole Higher Education Group and Enlight Software, Inc. All Rights Reserved."

This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Virtual U Public Source License Version 1.2 (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.virtual-u.org/publicsource/sourceagreement1.html and read it before using this file.

PLEASE NOTE: The developers of Virtual U including: Enlight Software, The Jackson Hole Higher Education Group, The Alfred P. Sloan Foundation, Anker Publishing and Digitalmill, Inc. at no time will provide any technical support or other support for the Covered Code or Modifications including any binary forms.

For publicly available product source support visit http://www.virtual-u.org/publicsource/

The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE ALFRED P. SLOAN FOUNDATION, ENLIGHT SOFTWARE, JACKSON HOLE HIGHER EDUCATION GROUP and DIGITALMILL, Inc. HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License.

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