OPEN CARD CONSORTIUM SOURCE LICENSE
Version 1.0
											8/10/1999
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS OPEN CARD CONSORTIUM 
SOURCE LICENSE ("AGREEMENT").  ANY DOWNLOADING, USE, REPRODUCTION OR DISTRIBUTION OF THE 
PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.  

1.  DEFINITIONS
"Contribution" means:  
  a) in the case of Open Card Consortium ("OCC"), the Original Program, and 
  b) in the case of each Contributor, 
    i)   changes to the Program, and
    ii)  additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor.  A 
Contribution 'originates' from a Contributor if the program changes or additions that make up the Contribution were made by 
that Contributor itself or by anyone acting on such Contributor's behalf.  Contributions do not include additions to the Program 
which:  (i) are separate modules of software distributed separately or in conjunction with the Program under their own license 
agreement or no license agreement, and (ii) are not derivative works of the Program.  Changes referred to in this paragraph 
may be deletions and/or other alterations.

"Contributor" means OCC and any other entity that distributes the Program.  If a Recipient distributes the Program, the 
Recipient becomes also a Contributor, with respect to other Recipients.   

"Distribute" means to furnish, make available, or otherwise provide to another person or entity outside of the Recipient's own 
organization.   This definition does not include mere use or demonstration of the functioning software.   This definition does 
not include provision of the Program's object code or documentation if the object code or documentation so provided is 
obviously marked, on its face or cover, to reflect the copyright notices indicated in Section 3, or if in so providing the object 
code and documentation, the Recipient clearly indicates that they are subject to copyright protection but may be licensed from 
the Open Card Consortium or its licensees.

"Licensed Patents " means patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its 
Contribution alone or when combined with the Program.  

"Original Program" means the original version of the software accompanying this Agreement as released by OCC, including 
source code and/.or object code and including documentation, if any.  The Original Program as current at any given time may 
be available for licensing from the Open Card Consortium at www.opencard.org under this Agreement or a successor to 
this Agreement.


"Program" means the Original Program, with any Contributions, as supplied by a Contributor to Recipient under this 
Agreement.  Therefore, depending on the software and documentation actually received by Recipient, the Program may be (a) 
only the Original Program, or (b) the Original Program, accompanied by and/or modified by Contributions.  

"Recipient" means anyone who receives the Program under this Agreement.

2.  GRANT OF RIGHTS
  a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-
     free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and 
     sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code 
     form.

  b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-
     free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the 
     Contribution of such Contributor, if any, in source code and object code form.  This patent license shall apply to the 
     combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such 
     addition of the Contribution causes such combination to be covered by the Licensed Patents.  This patent license shall 
     not apply to any other combinations or hardware.

  c) Recipient understands and agrees that although each Contributor grants the licenses to its Contributions set forth 
     herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other 
     intellectual property rights of any other entity.  Each Contributor disclaims any liability to Recipient 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, each Recipient hereby assumes sole responsibility to secure any 
     other intellectual property rights needed, if any.  For example, if a third party patent license is required to allow 
     Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the 
     Program.

  d) Without changing the effect of Section 2(c),  each Contributor represents that to its knowledge it has sufficient 
     copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement. 

3.  REQUIREMENTS A Contributor may choose to distribute the Program in object code form under its own license 
    agreement, provided that:

  a) the Contributor complies with the terms and conditions of this Agreement; and

  b) the Contributor's  license agreement:
    i)   effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including 
         warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability 
         and fitness for a particular purpose; 
    ii)  effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, 
         incidental and consequential damages, such as lost profits; 
    iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any 
         other party; and
    iv)  states that source code for the Program is available from such Contributor under this Agreement, and informs 
         licensees how to obtain it in a reasonable manner on or through a medium customarily used for software 
         exchange. 

When a Contributor distributes the Program in source code form:
  a) the Contributor must distribute it under this Agreement; and 
  b)the Contributor must include a copy of this Agreement with each copy of the Program.  

Each Contributor must include the following in a conspicuous location in the Program: 

Copyright  {year(s) here}, Open Card Consortium and others. All Rights Reserved. (Contributor should list here the 
years shown on the version received by the Contributor, as well as the year(s) of Contributor's Contributions),

In addition, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows 
subsequent Recipients to identify the Contribution and the originator of the Contribution.  

Each Contributor agrees to provide condensed summaries of its Contributions to OCC periodically, from time to time on a 
schedule decided solely by Contributor, either with or without copies of the Program as modified by such Contributions.

4.  COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the 
like.  While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program 
in a commercial product offering must do so in a manner which does not create potential liability for other Contributors.   
Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial 
Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, 
damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against 
the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with 
its distribution of the Program in a commercial product offering.  The obligations in this section do not apply to any claims or 
Losses relating to any actual or alleged intellectual property infringement, except to the extent that the actual or alleged 
infringement arises from the Contribution(s) of the Commercial Contributor.  In order to qualify, an Indemnified Contributor 
must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to 
control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations.  The 
Indemnified Contributor may participate in any such claim at its own expense.

For example, a Contributor might include the Program in a commercial product offering, Product X.  That Contributor is then a 
Commercial Contributor.  If that Commercial Contributor then makes performance claims, or offers warranties related to 
Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone.  Under this 
section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance 
claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor 
must pay those damages.

Contributor may only state that the Program it distributes is compatible with the Open Card Framework if Contributor specifies 
the version of the Program with which compatibility is claimed and if such Program has passed the then-current, unmodified 
OCC compatibility tests for that version of the Open Card Framework available from OCC. OCC may at any time, but is never 
required to, audit the Program for compatibility. If  OCC determines that the Program does not pass the applicable unmodified 
OCC compatibility tests, OCC may require the Contributor to cease claiming compatibility for that version.  Contributor must 
comply promptly and will exert commercially reasonable efforts to notify its licensees that the Program as provided to them 
under a claim of compatibility is actually not compatible.  Failure to comply promptly will be a breach of this Agreement under 
Section 7 below.  Recipient understands that no trademark rights are granted by virtue of this Agreement; any licensing of such 
rights will be the subject of a separate agreement.

5.  NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, 
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT 
LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR 
FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using 
and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but 
not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or 
equipment, and unavailability or interruption of operations.  

6.  DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS 
SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR 
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON 
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE 
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE 
EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH 
DAMAGES.

7.  GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or 
enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision 
shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-
claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this 
Agreement shall terminate as of the date such litigation is filed.  In addition, If Recipient institutes patent litigation against any 
entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the 
Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under 
Section 2(b) shall terminate as of the date such litigation is filed. 

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of 
this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance.  The 
reasonable period of time is never to exceed sixty (60) calendar days.  If all Recipient's rights under this Agreement terminate, 
Recipient must cease using and distributing the Program as soon as reasonably practicable.  However, Recipient's obligations 
under this Agreement, and any and all licenses granted by Recipient relating to the Program, shall continue and survive.  

OCC may publish new versions (including revisions) of this Agreement from time to time.  OCC may also publish new 
versions of the Program from time to time, possibly including Contributions, but OCC is never obligated to include any 
particular Contribution.   Each new version of the Agreement, as well as each new version of the Program, will be given a 
distinguishing version number.  Each Contributor may distribute a version of the Program,(with or without that Contributor's 
Contributions), subject to the version of the Agreement under which the Contributor properly received it, or under a newer 
version of this Agreement, as the Contributor may choose.

No one other than OCC has the right to modify this Agreement.  Except as expressly stated in Sections 2(a) and 2(b) above, 
Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, 
by implication, by estoppel or otherwise.  All rights in the Program not expressly granted under this Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of 
America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action 
arose.  Each party waives its rights to a jury trial in any resulting litigation.  

	
https://www.openscdp.org/ocf/download.html
