Fair Source License (FSL) Version 1.1

1.Definitions.

1.1. "Contributor" means each individual or entity that creates or contributes to the creation of Modifications.

1.2. "Contributor Version" means the combination of the Original Work, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.

1.3. "Covered Work" means (a) the Original Work, or (b) Modifications, or (c) the combination of files containing Original Work with files containing Modifications, in each case including portions thereof.

1.4. "Commercial Use" means Use of the Covered Work in any Executable form

1.5. "Distributor" means each individual or entity that, not including the Initial Developer, distributes, communicates, or otherwise makes available copies of Covered Work

1.5. "Education Use" means any Use of the Covered Work of which the primary purpose is to understand the inner workings of the Covered Work and not, per se, the Commercial Use of the Covered Work

1.6. "Executable" means the Covered Work in any form other than Source Code.

1.7. "Initial Developer" means the individual or entity that first makes Original Work available under this License.

1.8. "Larger Work" means a work which combines Covered Work or portions thereof with works not governed by the terms of this License.

1.7. "License" means this document.

1.9. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.

1.10. "Modifications" means the Source Code and Executable form of any of the following:

A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Work or previous Modifications;

B. Any new file that contains any part of the Original Work or previous Modification; or

C. Any new file that is contributed or otherwise made available under the terms of this License.

1.11. "Original Work" means the Source Code and Executable form of the Covered Work that is originally released under this License.

1.12. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.

1.13. "Use". The operation and/or evaluation of the Covered Work for it's intended purpose(s) and/or to gain an understanding of its workings via any sort of inspection of the Covered Work. The exact meaning of Use can be inferred from the context, for example understanding its workings is Education and not Commercial Use.

1.14. "Source Code" means (a) the common form in which modifications are made and (b) associated documentation included in or with such code.

1.14. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. 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 more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.

2. License Grants.

2.1. The Initial Developer Grant.

Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive non-Commercial Use license. Commercial Use is detailed in Attachment A. You may be bound by some or all of the provisions of Attachment A even if You do not Use the Covered Work for Commercial Use purposes:

(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Work (or portions thereof), with or without Modifications, and/or as part of a Larger Work; this clause shall not be construed to deprive the Initial Developer; granted in Attachment A; and

(b) under Patent Claims infringed by the making, using or selling of Original Work, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Work (or portions thereof).

(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Work available to a third party under the terms of this License.

(d) Notwithstanding Section 2.1(b) above, no patent license is granted:

(1) for code that You delete from the Original Work, or

(2) for infringements caused by:

(i) the modification of the Original Work, or

(ii) the combination of the Original Work with other Work or devices.

2.2. Contributor Grant.

Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, non-Commercial Use License (Commercial Use subject to Attachment A):

(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor 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 Work and/or as part of a Larger Work; this clause shall not be construed to deprive any Contributor of any rights granted in Attachment A; and

(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of:

(1) Modifications made by that Contributor (or portions thereof); and

(2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).

(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.

(d) Notwithstanding Section 2.2(b) above, no patent license is granted:

(1) for any code that Contributor has deleted from the Contributor Version;

(2) for infringements caused by:

(i) third party modifications of Contributor Version, or

(ii) the combination of Modifications made by that Contributor with other Work (except as part of the Contributor Version) or other devices; or

(3) under Patent Claims infringed by Covered Work in the absence of Modifications made by that Contributor.

3. Distribution Obligations.

3.1. Availability of Source Code.

Any Covered Work that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License and any other provisions specifically referred to by this license. You must include a copy of this License with every copy of the Source Code form of the Covered Work You distribute or otherwise make available. You must inform recipients of any such Covered Work in Executable form as to how they can obtain such Covered Work in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.

3.2. Modifications.

The Modifications that You create or to which You contribute are governed by the terms of this License and Attachment A. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.

3.3. Required Notices.

You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Work, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.

3.4. Application of Additional Terms.

You may not offer or impose any terms on any Covered Work in Source Code form that alters or restricts the applicable version of this License or the recipients' rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity, liability obligations to one or more recipients of Covered Work, or for any other Commercial Use purpose as provided for in Attachment A. 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 that 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.

3.5. Distribution of Executable Versions.

You may distribute the Executable form of the Covered Work under the terms of this License or under the terms of 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 form does not attempt to limit or alter the recipient's rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Work in Executable form 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 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. The Initial Developer reserves the right to determine the nature and extent such additional terms meet and/or do not meet the requirements of this License.

3.6. Larger Works.

You may create a Larger Work by combining Covered Work with other works 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 Work.

3.7. Recipient Acceptance of License Terms

If You distribute Covered Work , You must make a sufficient effort to obtain the express assent of recipients to the terms of this License. Without the express assent of a recipient, distributing the Covered Work to such recipient is not permitted.

4. Versions of the License. 4.1. New Versions.

FloSoft Systems is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.

4.2. Effect of New Versions.

You may always continue to use, distribute or otherwise make the Covered Work available under the terms of the version of the License under which You originally received the Covered Work. If the Initial Developer includes a notice in the Original Work prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Work available under the terms of the version of the License under which You originally received the Covered Work. Otherwise, You may also choose to use, distribute or otherwise make the Covered Work available under the terms of any subsequent version of the License published by the license steward.

4.3. Modified Versions.

When You are an Initial Developer and You want to create a new license for Your Original Work, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License; and (c) there is at least one modification that has a material effect upon one and/or all the parties to this license.

5. DISCLAIMER OF WARRANTY.

COVERED WORK 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 WORK 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 WORK IS WITH YOU. SHOULD ANY COVERED WORK 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 WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

6. TERMINATION.

6.1. 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. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as "Participant") alleging that the Participant Work (meaning the Contributor Version where the Participant is a Contributor or the Original Work where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Work against such Participant either unilaterally or pursuant to a written agreement with Participant.

6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.

7. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED WORK, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, EQUIPMENT 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.

8. MISCELLANEOUS.

This License, plus any other documents referred to and incorporated in full herein, represent the complete agreement concerning subject matter hereof. If any provision of this License and/or any referred to and fully incorporated documents herein, 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 the law of the jurisdiction specified in a notice contained within the Original Work (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction's conflict-of-law provisions. Any litigation relating, except issues arising from intellectual property (copyright and/or patent) claims, shall be in the venue of the plaintiff's choice. In the case of intellectual property issues the Initial Developer and/or affected Contributors shall select the venue. In all such cases the losing party shall be responsible for all reasonable costs associated with the suit, including without limitation legal, loss of business and travel.

9. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.

Attachment A: Commercial Use Agreement

1. Scope

This attachment shall apply to the Initial Developer, Contributors and You, for the purpose of Commercial Use of the Covered Work. If, by its nature, a provision in this Attachment must apply to the use of all forms of the Covered Work this attachment shall also be in force.

Any Use which by its nature is non-Commercial Use is governed by the main text of this License (namely all text not included in Attachment A).

2. Grant

Conditioned upon your compliance with Section 3 of this Attachment, You are hereby granted, for Commercial Use purposes, identical rights as granted for non-Commercial Use in Section 3.1 of the main text of this License. This shall not be construed to deny any party of their rights contained in Attachment A.

3. Payment of Fees

At the election of the Initial Developer and Contributors (if any) a reasonable fee may be imposed for the Commercial Use of the Covered Work. The Initial Developer and Contributors (if any) do hereby bind themselves individually and collectively to conform to the following limitations on such fees (if any):

a) A different fee schedule may not be established once You have started Commercial Use of a given version of the Covered Work.

b) Fee schedules are permitted to include discounts that reflect a material difference in the nature of the transaction (such as volume discounts)

c) Notwithstanding Section 3.1(a) above, the Initial Developer and Contributors may adjust the fee schedule to reflect changes in the general price levels in the general economy. Such adjustments shall not exceed the average change in said price levels. Distributors are hereby granted the right to charge any additional fees as they see fit. Such additional fees, or lack thereof, must not deprive the Initial Developer of fair compensation.

4. Compensation of Contributors

The Initial Developer and/or Contributors hereby agree to fairly compensate the Contributors of any Modifications (if any) to any form of the Covered Work. The nature and/or quantity of this compensation are at the election of the Initial Developer and/or Contributors. The above not withstanding the Initial Developer and/or Contributors hereby commit themselves to be bound by the following terms when accepting Modifications (if any):

a) The Initial Developer and/or Contributors shall not be obligated to incorporate any Modification into the Covered Work.

b) If the Initial Developer and/or Contributors do not elect to incorporate a Modification they may not create a materially similar Modification for the period of six (6) months. No portion of this clause and/or any other part of this License and/or Attachment A shall be construed to as allow the Initial Developer to incorporate any Modifications except as specifically provided for in Attachment A. Any Contributor, except the Contributor of the offered Modification, is similarly forbidden from making materially equivalent Modifications, and the Initial Developer and/or Contributors shall refuse all such Modifications for a period of 6 months after the original Modification was offered. All duties imposed on the Initial Developer by this clause apply equally to Contributors.

c) Not withstanding item A.4.b above the Initial Developer may make any modifications they see fit provided such modifications are intended to solely repair a non-functional part (also known as a "bug") of the Covered Work