IMPORTANT NOTE (August 2004): The Bitzi OpenBits Catalog has been renamed to Bitpedia, the Digital Media Encyclopedia, and placed under the Creative Commons Attribution-ShareAlike 2.0 license. This old license no longer applies. For updated info see: Bitpedia: http://bitzi.com/bitpedia License: http://creativecommons.org/licenses/by-sa/2.0/ ======================================================================= OpenBits License, DRAFT VERSION 0.5, 2002-02-23 THIS IS A DRAFT VERSION. FINAL LICENSE TERMS MAY DIFFER SUBSTANTIALLY, BASED ON COMMUNITY AND PROFESSIONAL LEGAL FEEDBACK. WHENEVER YOU USE FRESH OPENBITS DATA FROM BITZI, YOU WILL BE SUBJECT TO THE LICENSE TERMS THEN IN EFFECT. The OpenBits Catalog is a compilation of many different persons' contributions. The Bitzi Corporation ('Bitzi') owns the copyright to the compilation of the different contributions, and makes the OpenBits Catalog available to you to use under the following license agreement terms and conditions (`OpenBits License'). For the purposes of this license, "OpenBits Catalog" refers to any so-labelled information, in any edition or format, made available from the websites at http://bitzi.com, http://openbits.org, or related subdomains ('the official OpenBits Catalog websites'). 1. Basic License. Bitzi grants you a non-exclusive, royalty-free license to use, reproduce, modify and create derivative works from, and distribute and publish the OpenBits Catalog and your derivative works thereof, subject to all of the terms and conditions of this License. 2. Full And Fair Attribution. Your use of information contained in the OpenBits Catalog, in whole or in part, must be accompanied by attribution statements, in accordance with either of these options: (a) Default Attribution. 1. You must prominently provide the notice: "Portions compliments of the Bitzi OpenBits Catalog ()" The parenthetical may instead be a hyperlink from the words "Bitzi OpenBits Catalog". 2. If you have modified OpenBits Catalog content, you must clearly indicate what has been modified. If you have mixed OpenBits Catalog information with other sources, you must give a clear indication of which content originated with the OpenBits Catalog. 3. You must indicate the date at which your information was acquired from the official OpenBits Catalog websites, unless your refresh policies ensure information more than 7 months old is not viewed. 4. You must retain the attribution pseudonyms of individual contributors in your display, unless this requirement is specifically waived for certain entries or entry types. (b) Current Posted Standards. Bitzi will provide at the web address guidelines, phrases, and logos which you may use to fulfill this attribution requirement. 3. Licensee Identification and Communication. You agree that Bitzi has the right to publicly identify you as a user/licensee of the OpenBits Catalog. So that we may occasionally provide you with urgent information about the OpenBits Catalog, you agree to either (a) use commercially reasonable efforts to check the page(s) at the URL http://openbits.org/licensees from time to time, or (b) provide a contact email address, as instructed at that same URL, for so long as you are exercising this license to the OpenBits Catalog. 4. License Versions. Bitzi may publish revised and/or new versions of the OpenBits License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number and effective date. You may always choose to use the license that was in effect at the time you gathered information from the official OpenBits Catalog websites, or any later license version published by Bitzi. Whenever you gather updated information from the official OpenBits Catalog websites, that information is subject to the then-current license terms. 5. No Warranty/Use At Your Risk. THE OPENBITS CATALOG IS MADE AVAILABLE UNDER THIS OPENBITS LICENSE AT NO CHARGE. ACCORDINGLY, THE OPENBITS CATALOG IS PROVIDED `AS IS,' WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT THEY ARE MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE, DISTRIBUTION, MODIFICATION, REPRODUCTION AND PUBLICATION OF THE OPENBITS CATALOG AND ANY DERIVATIVE WORKS THEREOF BY YOU AND ANY OF YOUR SUBLICENSEES (COLLECTIVELY, `YOUR OPENBITS CATALOG USE'). THE ENTIRE RISK AS TO YOUR OPENBITS CATALOG USE IS BORNE BY YOU. YOU AGREE TO INDEMNIFY AND HOLD BITZI, ITS SUBSIDIARIES AND AFFILIATES HARMLESS FROM ANY CLAIMS ARISING FROM OR RELATING TO YOUR OPENBITS CATALOG USE. 6. Limitation of Liability. IN NO EVENT SHALL BITZI, ITS SUBSIDIARIES OR AFFILIATES, OR THE INDIVIDUAL OPENBITS CATALOG CONTRIBUTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF WHETHER ANY CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY, RELATING OR ARISING FROM THE OPENBITS CATALOG, YOUR OPENBITS CATALOG USE OR THIS OPENBITS LICENSE AGREEMENT. 7. California Law. This OpenBits License will be governed by the laws of the State of California, excluding its conflict of laws provisions. =======================================================================