The Public Source License (the “License”) applies to SourceID SSO software distributed by Ping Identity Corporation. It authorizes you to copy, distribute or modify the software, royalty free, for unlimited personal or non-commercial use, or for commercial use on fewer than 100 computers. The fees for commercial use on 100 or more computers are available at http://www.pingidentity.com.
This is a summary of license terms intended to describe, in plain English, the nature and scope of this License. However, this summary is not a part of this License. The legal effect of the License is dependent only upon the terms of the License, including its definitions, and not this summary.
Ping Identity Corporation provides you with both the executable version of the software and the associated source code. You may modify the source code and use, copy or distribute your modified versions. Please note that the term “Modifications” is defined specifically in the License below.
If you modify the software and distribute your modifications, you must distribute your modified source code and executable code under the terms of this License. This reciprocity provision ensures that recipients of your modifications can enjoy the same rights to your modifications as this License grants to you, and that they will accept the same obligations. If you plan to distribute your modifications under this License, you must also grant back to Ping Identity Corporation a license to your modifications so that we may, at our discretion, incorporate them into our future distributions. Further information about the SourceID SSC public source software development project can be found at http://www.sourceid.org. A Proprietary Source Code Waiver, permitting you to distribute your modifications without disclosing your source code (subject to the payment of a one-time Proprietary License Fee), is attached as Exhibit A to the License below.
If you become aware of third party claims or other intellectual property rights that would restrict or limit use of the software, you must notify everyone to whom you give copies. You must also retain all copyright, trademark or patent notices already in the software. These provisions are intended to ensure that there is a clear record of ownership of all intellectual property rights necessary to copy, modify, distribute, make, use or sell the software or modified versions of the software.
The software is distributed on an AS IS basis, WITHOUT WARRANTY OF ANY KIND. You cannot hold Ping Identity Corporation liable for any damages that result from use of the software.
The License terminates automatically if you breach any of the terms of the License, or if you assert certain types of patent claims against Ping Identity Corporation or any contributor.
We encourage you to read the terms and conditions of the License carefully before you use, copy, modify or distribute this software. You must expressly assent to this License upon installation of the software or before you will be allowed to execute the software for the first time. For all other uses of the software not covered under this License you must obtain an amendment to the License.
Ping Identity Corporation welcomes your comments and suggestions about its software and its other products. We can be reached at 341 Albion Street, Denver CO 80220, or at email@example.com.
Public Source License
SourceID SSO v1.0
This Public Source License (the “License”) applies to certain software (“SourceID SSO software” or “Licensed Software”) distributed by Ping Identity Corporation, 341 Albion Street, Denver, Colorado 80220 (the “Licensor”). The Licensed Software is protected by copyright law. This License identifies the terms under which you may use, copy, distribute or modify the Licensed Software. For a license to use, copy, distribute or modify Ping Identity Corporation products under terms or conditions other than those described here, or for trademark licensing, please contact the Licensor at http://www.pingidentity.com.
1. Grant of Copyright License from Licensor. In consideration for your acceptance of all of the terms and conditions of this License, Licensor (and, by application of Section 5 of this License, each Contributor of Modifications, as those terms are later defined) grants to you a world-wide, non-exclusive license, under copyrights now owned or controlled by Licensor or Contributor, to use, reproduce, modify, display, perform and distribute Licensed Software (including Modifications) or portions thereof, in both Source Code or as an executable program, as follows:
a. Without payment of royalty for unlimited Personal Use or Non-Commercial Distribution (as those terms are defined below);
b. Without payment of royalty for other than Personal Use and Non-Commercial Distribution as long as Licensed Software will run on fewer than 100 computers (as that term is defined below); and
c. Subject to the payment of one-time paid-up Royalty Fees for other than Personal Use and Non-Commercial Distribution on 100 or more computers. Licenses to run the Software on additional computers are subject to the Royalty Fees and payment terms as obtained at http://www.pingidentity.com and in effect on the date such additional licenses are obtained from Licensor. Royalty Fees to run the Software on additional computers are due and payable to Licensor prior to first use on those computers.
2. Grant of Patent License from Licensor. In consideration for your acceptance of all of the terms and conditions of this License including, without limitation, the payment of applicable Royalty Fees as described in Section 1 above, Licensor (and, by application of Section 5 of this License, each Contributor of Modifications) grants to you a world-wide, non-exclusive license, under claims of patents now or hereafter owned or controlled by Licensor or Contributor, to make, use, sell, offer for sale, have made, and/or otherwise dispose of Licensed Software (including Modifications) or portions thereof for the uses permitted by this License, but solely to the extent that any such claim is necessary to enable you to make, use, sell, offer for sale, have made, and/or otherwise dispose of Licensed Software (including Modifications) that you received from Licensor or a Contributor.
a. As used in this License, the term “Personal Use” means the functional use of software by an individual solely for his or her personal, private and non-commercial purposes. An individual’s use of software in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use.
b. As used in this License, the term “Non-Commercial Distribution” means the distribution of software to any third party for which no payment is made in connection with such distribution, whether directly (including, without limitation, payment for a copy of the software) or indirectly (including, without limitation, payment for a service related to the software, or payment for a product or service that includes a copy of the software “without charge”).
c. As used in this License, the term “Source Code” means the preferred form for making Modifications to software, including all modules contained therein, plus any associated interface definition files, scripts used to control compilation and installation of an executable program, or a list of differential comparisons against the Source Code of the software.
d. As used in this License, the term “Modifications” means any additions to or deletions from the substance or structure of (i) a file containing Licensed Software, or (ii) any new file that contains any part of Licensed Software. The term Modifications includes, without limitation, Derivative Works, as that term is defined in U.S. Copyright Law, 17 U.S.C. §101. If you merely combine the Licensed Software with other software and do not modify any of the Source Code provided under this License, then you have not created Modifications that are subject to the provisions of Section 5.
e. As used in this License, the term “Contributor” means any person or entity that created or contributed to the creation of, and distributed, Modifications.
f. “You” throughout this License, whether in upper or lower case, 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 8. For legal entities, “you” includes any entity that controls, is controlled by, or is under common control with you. For 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.
g. As used in section 1 of this License, the term “computer” refers to a single processor running a single instance of Licensed Software. Each additional processor or instance of Licensed Software counts as an additional computer.
4. Exclusions from License Grant. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor or any Contributor except as expressly stated herein. No patent license is granted separate from the Licensed Software, for code that you delete from the Licensed Software and use separately, or for combinations of the Licensed Software with other software or hardware. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any software that Licensor otherwise would have a right to license.
5. Your Obligations Regarding Distribution.
a. Application of This License to Your Modifications. As an express condition for your use and distribution of the Licensed Software, you hereby agree that any Modifications that you create or to which you contribute, and which you distribute, are governed by the terms of this License including, without limitation, Sections 1 and 2. You must include a copy of this License with every copy of the Licensed Software or Modifications that you distribute, and you must obtain the express assent of your sublicensees to this License before you allow them to install the Licensed Software or use it for the first time.
b. Responsibility for Payment of Royalties. You and your sublicensees shall be jointly and severally liable for all royalties due by your sublicensees under this License, which must be paid to Licensor prior to distribution of Licensed Software or Modifications. You may charge additional fees to your sublicensees for your Modifications or for services relating thereto.
c. Availability of Source Code. You must make available, under the terms of this License, the Source Code of the Licensed Software and any Modifications that you distribute, either on the same media as you distribute any executable or other form of the Licensed Software, or via a mechanism generally accepted in the software development community for the electronic transfer of data (an “Electronic Distribution Mechanism”). The Source Code for any version of Licensed Software or Modifications that you distribute 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 said Licensed Software or Modifications has been made available. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party. You must also contribute the Source Code for any version of Licensed Software or Modifications that you distribute to the SourceID SSO project by following the contributor instructions at http://www.sourceid.org.
d. Description of Modifications. You must cause any Modifications that you create or to which you contribute, and which you distribute, to contain a file documenting the additions, changes or deletions you made to the Source Code of the Licensed Software, and the dates of any such additions, changes or deletions. You must include a prominent statement in the Source Code that the Modifications are derived, directly or indirectly, from the Licensed Software. You may not modify or delete any preexisting copyright, patent, trademark or other attribution notices in the Licensed Software.
e. Grant-Back of License to Modifications. As an express condition for the license to create and distribute Modifications granted to you in Section 1 herein, you hereby grant to Ping Identity Corporation, its successors and assignees, a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to do the following:
i. Under copyrights owned or controlled by you, to use, reproduce, modify, display, perform, sublicense and distribute your Modifications or portions thereof, in both Source Code or as an executable program; and
ii. Under claims of patents now or hereafter owned or controlled by you, to make, use, sell, offer for sale, have made, and/or otherwise dispose of your Modifications or portions thereof, but solely to the extent that any such claim is necessary to enable Ping Identity Corporation, its successors and assignees, to make, use, sell, offer for sale, have made, and/or otherwise dispose of your Modifications alone or in combination with Licensed Software.
f. Intellectual Property Matters.
i. Third Party Claims. If you have knowledge that a license to a third party’s intellectual property right may be required to exercise the rights granted by this License, you must include a text file with your Source Code distribution titled “LEGAL” that describes the intellectual property right and the owner of the intellectual property right in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after you make any Modifications available as described in Section 5(a), 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 Licensed Software from you that new knowledge has been obtained.
ii. Contributor APIs. If your Modifications include an application programming interface (“API”) and you have knowledge of patent licenses that are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
iii. Representations. You represent that, except as disclosed pursuant to 5(f)(i) above, you believe that any Modifications you distribute are your original creations and that you have sufficient rights to grant the rights conveyed by this License.
6. 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 Licensed Software due to statute, judicial order, or regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 5(f)(1), 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 at computer programming to be able to understand it.
7. Versions of This License.
a. New Versions. Licensor may publish from time to time revised and/or new versions of the License.
b. Effect of New Versions. Once Licensed Software has been distributed 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 Licensed Software under the terms of any subsequent version of the License published by Licensor. No one other than Licensor has the right to modify the terms applicable to Licensed Software created under this License.
c. Derivative Works of this License. If you create or use a modified version of this License, which you may do only in order to apply it to software that is not already Licensed Software under this License, you must rename your license so that it is not confusingly similar to this License, and must make it clear that your license contains terms that differ from this License. In so naming your license, you may not use any trademark of Licensor or any Contributor.
8. Disclaimer of Warranty. Licensed Software 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 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 LICENSED SOFTWARE IS WITH YOU. Should Licensed Software prove defective in any respect, YOU (and not the Licensor or any 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 LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
a. Automatic Termination upon Breach. This license and the rights granted hereunder will terminate automatically if you fail to comply with the terms of this License and fail to cure such breach within thirty (30) days of becoming aware of the breach. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
b. Termination upon Assertion of Patent Infringement. If you initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom you file such an action is referred to herein as “Respondent”) alleging that Licensed Software, alone or including Modifications, directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the “Notice Period”) unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for your past or future use of Licensed Software made by such Respondent, or (ii) withdraw your litigation claim with respect to Licensed Software against such Respondent. If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of said Notice Period.
c. Reasonable Value of This License. If you assert a patent infringement claim against Respondent alleging that Licensed Software, alone or including Modifications, directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of any payment or license.
d. No Retroactive Effect of Termination. In the event of termination under Sections 9(a) or 9(b) above, all sublicenses (excluding licenses to distributors and resellers) that have been validly granted by you or any of your distributors or resellers prior to termination shall survive termination.
10. Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor, any Contributor, or any distributor of Licensed Software alone or including Modifications, or any supplier of any such parties, be liable to any person for any indirect, 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 this exclusion and limitation may not apply to you.
11. Responsibility for Claims. As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License. You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
12. U.S. Government End Users. The Licensed Software 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 Licensed Software with only those rights set forth herein.
13. Miscellaneous. This License (excluding any accompanying license summary) represents the complete agreement concerning the 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 Colorado law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. You expressly agree that any litigation relating to this license shall be subject to the jurisdiction of the federal courts or state courts in the State of Colorado (as appropriate), with venue lying in Denver, Colorado, 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. You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Software or this License. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.
Proprietary Source Code Waiver
This Proprietary Source Code Waiver (the “Waiver”) to the Ping Public Source License (the “License”) for SourceID SSO software (the “Licensed Software”) is made in consideration for the payment to Ping Identity Corporation (the “Licensor”) of a one-time Proprietary License Fee by the Licensee identified below. (Contact http://www.pingidentity.com for further information on the amount of the Proprietary License Fee.)
1. Licensor hereby waives enforcement of the provision of the License at Section 5(a) that requires that any Modifications of the Licensed Software that Licensee creates or to which it contributes, and that it distributes, be governed by the terms of the License.
2. Licensor hereby waives enforcement of the provision of the License at Section 5(c) that requires Licensee to distribute the Source Code of its Modifications of the Licensed Software.
3. Licensor hereby waives enforcement of the provision of the License at Section 5(d) that requires Licensee to document the additions, changes or deletions it made to the Source Code of the Licensed Software.
4. Licensor hereby waives enforcement of the provision of the License at Section 5(e) that requires Licensee to grant-back a license to its Modifications of the Licensed Software to Ping Identity Corporation.
All other License terms, including the requirement to pay Royalty Fees as described in the License, remain in full force and effect.
This Waiver shall become effective upon the payment to Ping Identity Corporation of the Proprietary License Fee and the execution of this Waiver by duly authorized representatives of the two parties identified below.
Ping Identity Corporation:
Signed: ____________________ ____
This license is (c) Copyright 2002, Ping Identity Corporation