Wowza Public License

Version 1.0 (February 1, 2016)

Please note: this License (“License”) contains unique terms that differ from many common “open source” and similar license terms published by the Free Software Foundation and the Mozilla Organization.

THE ACCOMPANYING CODE IS PROVIDED UNDER THE TERMS OF THIS WOWZA PUBLIC LICENSE AGREEMENT. ANY ACCESS TO OR USE, REPRODUCTION, MODIFICATION, DISTRIBUTION OR OTHER EXPLOITATION OF THE ACCOMPANYING CODE CONSTITUTES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO ACCESS, USE REPRODUCE, MODIFY, DISTRIBUTE OR OTHERWISE EXPLOIT THE SOURCE CODE OR ITS DERIVATIVE WORKS. IF YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS, USE, REPRODUCE, MODIFY, DISTRIBUTE OR OTHERWISE EXPLOIT THE ACCOMPANYING CODE.

1. Wowza License Grant to You.

a. Wowza grants You a revocable (only by Wowza and only as provided herein) worldwide, royalty-free, non-exclusive license:

i. under intellectual property rights (other than patent or trademark) Licensable by Wowza, to reproduce, modify, run, and distribute the Covered Code; and

ii. under Patent Claims infringed by the making, using, or importing the Original Code, to make, have made, use, import, and practice the Original Code (or portions thereof).

b. For the avoidance of doubt and subject to Section 1.a.ii, above, Wowza grants You no license under Patent Claims infringed by the making, using, practicing, or importing of Modifications.

c. This License applies to code to which Wowza has attached the notice in Exhibit A, and to related Covered Code.

d. Notwithstanding Section 1.a.ii above, no patent license is granted: 1) for code that You delete from the Original Code; 2) for Code that you separate from the Original Code; or 3) for any Modification of the Original Code. 

e. For the avoidance of doubt, the rights granted in this Section 1 grant you permission to make, run, market, and receive compensation for Covered Code, whether standing alone, or as a part of a software or service offering by You, provided you comply with this License and maintain this License’s full effect.

2. Contributor Grants.

a. To the extent You are a Contributor, You hereby grant all Recipients a world-wide, royalty-free, non-exclusive license:

i. under intellectual property rights (other than patent or trademark) Licensable by Contributor, to reproduce, modify, run, and distribute the Contributor Version; and

ii. under Patent Claims infringed by the making, using, or importing of the Contributor Version, to make, have made, use, and import: 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).

3. Title; Reservation of Rights. As between You and Wowza, Wowza retains all title, ownership rights, and intellectual property rights in the Original Code. Wowza and the other Contributors, if applicable, reserve all rights not expressly granted to You hereunder, and no other licenses are granted or implied. Wowza may license the Original Code, including Modifications incorporated therein, on different terms from those contained in this License.

4. Distribution Obligations.

a. You will ensure that any Modifications that You create or to which You contribute are governed by the terms of this License. If You Convey such Modifications or resulting Covered Code (except as required in Section 5), You will do so solely under the terms of this License.

b. If You Convey the Source Code version of Covered Code you will do so solely under the terms of this License or any future version of this License (as described below), and You must include a copy of this License with each and every copy of such Source Code you Convey. 

c. You will not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. For the avoidance of doubt, the obligation to provide licenses to Wowza (as provided in Section 5, above) follows the Original Code and the Covered Code, and applies to each Contributor and recipient of Covered Code.

5. Obligations to Provide Code to Wowza; Additional License Grants to Wowza.

a. You will provide Wowza with a complete copy of any Covered Code and related documentation for Modifications created or contributed by You, and will do so promptly following either a request by Wowza or the first time You Convey such Modifications.

b. If You are a Contributor and do not Convey the Modifications in Source Code form, You hereby grant Wowza an unrestricted, nonexclusive, worldwide, perpetual, irrevocable, royalty-free right, to use, reproduce, modify, display, perform, sublicense and distribute and otherwise exploit all Covered Code and and related documentation for Modifications, and to grant third parties the right to do so, including without limitation as a part of or with the Covered Code under all intellectual property rights (including any patent rights); and Wowza has the right to license or to otherwise transfer to third parties its rights to such Modifications without notice or any obligation to You, including without limitation the obligation to account for any profits obtained by Wowza. 

6. Notices; Descriptions of Modifications Required. 

a. You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by Wowza Media Systems, LLC, and including the name of Wowza in: (a) the Source Code; and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.

b. You must duplicate the notice provided in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. 

c. If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to applicable statute, judicial order, or regulation, then this License does not terminate but: (a) You do not have any rights from Wowza pursuant to Section 1.a; (b) You do not have any rights from other Contributors pursuant to Section 2.a; and (c) You must not access, run, use, have made, reproduce, modify, distribute, or exploit the Covered Code.

7. License Versions.

a. Wowza may publish a revised or new version of the License from time to time in its sole discretion without prior notice. Each version will be given a distinguishing version number. 

b. Subject to Wowza’s right to terminate or revoke this License, once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version.

c. No one other than Wowza or its successors or assigns has the right to modify the terms applicable to Covered Code created under this License.

8. Disclaimer of Warranty; Limitation of Liability.

a. THE COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, WARRANTIES IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE, OR WARRANTIES THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED, ERROR FREE, OR PRODUCE PARTICULAR RESULTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT WOWZA 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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WOWZA, ANY OTHER CONTRIBUTOR, OR ANY PERSON WHO COVEYS COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE COVERED CODE, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 

c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOWZA’S TOTAL AGGREGATE LIABILITY TO ALL LICENSEES AND CONTRIBUTORS HEREUNDER WILL NOT EXCEED THE GREATER OF (a) LICNESE FEES RECEIVED BY WOWZA FOR COVERED CODE; OR (b) FIVE HUNDRED U.S. DOLLARS (US $500.00).

d. YOU UNDERSTAND AND AGREE THAT THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT AND THAT WOWZA, ANY OTHER CONTRIBUTOR, OR ANY PERSON WHO COVEYS COVERED CODE WOULD NOT COVEY THE COVERED CODE ABSENT THESE PROTECTIONS.

9. Termination.

a. This License and the rights granted to You hereunder will terminate automatically if You fail to comply with the terms herein. Notwithstanding the foregoing, if you promptly cease and cure all violations of this License and notify Wowza that you have done so, then this License and the rights granted to You hereunder are reinstated. Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 survive termination of this License.

b. If You initiate litigation and assert a patent or other intellectual property infringement claim against Wowza or another Recipient or Contributor related to the Covered Code or any Executable, this License and the rights granted to You hereunder will terminate automatically.

10. Your Responsibility for Claims. Notwithstanding any limitations of liability, to the maximum extent permitted by law, You agree to indemnify, defend, and hold harmless Wowza, and pay the amount of any final judgment or settlement to which we consent, against any claim or demand alleging that: (a) your Modification(s) or Covered Code resulting from Your Modification(s), or Wowza’s accessing, use, reproduction, modification, distribution, or other exploitation of the same, infringes the intellectual property rights of any third party; or (2) a third party has been harmed or injured by Your actions or omissions related to, or breach of, this License.

11. Miscellaneous. This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. This License will be governed by New York law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License will be subject to the jurisdiction of the Federal Courts of Colorado, with venue lying in Denver County, Colorado. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract will be construed against the drafter will not apply to this License. You agree that, if you export or re-export the Covered Code or any modifications to it, You are responsible for compliance with the United States Export Administration Regulations and hereby agree to comply with the same, and to indemnify Wowza and all other Contributors for any liability incurred as a result.

12. Definitions.

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

b. "Convey" means, with respect to a work, to copy, distribute (with or without modification), make available to the public, or otherwise exploit it (other than executing it on a computer that, without permission, would make you directly or indirectly liable for infringement under applicable copyright law.

c. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.

d. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.

e. "Executable" means Covered Code in any form other than Source Code.

f. "License" means this document.

g. "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.

h. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: (1) any addition to or deletion from the contents of a file containing Original Code or previous Modifications; and (2) any new file that contains any part of the Original Code or previous Modifications.

i. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code.

j. "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.

k. "Recipient" means any individual or entity who directly or indirectly receives the Covered Code under this Agreement, including all Contributors.

l. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against the Original Code. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.

m. "Wowza" means Wowza Media Systems, LLC, 523 Park Point Drive, Suite 300, Golden, Colorado USA, ATTN: Legal Department.

n. "You" (or "Your") 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. For legal entities, "You'' includes any entity which controls, is controlled by, or is under common control with You.

Copyright (c) 2016, Wowza Media Systems, LLC. All rights reserved.

 

 
Exhibit A
License Notice

Copyright (c) 2007 - 2016, Wowza Media Systems, LLC. All rights reserved.

The accompanying code is exclusively provided under the terms of the Wowza Public License, which is available at www.wowza.com/legal.

No Wowza trademark or name may be used to imply endorsement by Wowza of products or services which make use of or are derived from this software without the prior written permission of Wowza Media Systems.

THE ACCOMPANYING CODE IS PROVIDED BY WOWZA MEDIA SYSTEMS, LLC AND CONTRIBUTORS ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, WARRANTIES IMPLIED FROM A COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR WARRANTIES THAT THE OPERATION OF THE ACCOMPANYING CODE WILL BE UNINTERRUPTED, ERROR FREE, OR PRODUCE PARTICULAR RESULTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ACCOMPANYING CODE IS WITH YOU. SHOULD ANY OF THE ACCOMPANYING CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT WOWZA 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 OF THE ACCOMPANYING CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WOWZA MEDIA SYSTEMS, LLC OR ANY CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE ACCOMPANYING CODE, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE EVEN IF WOWZA OR A CONTRIBUTOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOWZA MEDIA SYSTEM, LLC’S TOTAL AGGREGATE LIABILITY TO ANY LICENSEES AND CONTRIBUTORS HEREUNDER WILL NOT EXCEED TWENTY-FIVE U.S. DOLLARS (US $25.00).