QLUSTERS PUBLIC LICENSE
========================

1. Definitions. 

1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code
       available to a third party. 

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

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

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

1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted
     in the software development community for the electronic transfer of data. 

1.5. ''Executable'' means Covered Code in any form other than Source Code. 

1.6. ''Initial Developer'' means the individual or entity identified as the
     Initial Developer in the Source Code notice required by Exhibit A. 

1.7. ''Larger Work'' means a work which combines Covered Code or portions
     thereof with code not governed by the terms of this License. 

1.8. ''License'' means this document. 

1.8.1. "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. 

1.9. ''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: 
     A. Any addition to or deletion from the contents of a file containing Original
        Code or previous Modifications. 
     B. Any new file that contains any part of the Original Code or previous
        Modifications. 

1.10. ''Original Code'' means Source Code of computer software code which is
      described in the Source Code notice required by Exhibit A as Original
      Code, and which, at the time of its release under this License is not
      already Covered Code governed by this License. 

1.10.1. "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. 

1.11. ''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 either the Original Code or another well known, available Covered
      Code of the Contributor's choice. 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. 

1.12. "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 issued under Section 6.1. 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. Source Code License. 

2.1. The Initial Developer Grant. 

The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims: 

(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 Code (or portions thereof)
    with or without Modifications, and/or as part of a Larger Work; and 
(b) under Patents Claims infringed by the making, using or selling of Original
    Code, to make, have made, use, practice, sell, and offer for sale, and/or
    otherwise dispose of the Original Code (or portions thereof). 
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
    date Initial Developer first distributes Original Code 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 Code; 2) separate from the Original
    Code; or 3) for infringements caused by: i) the modification of the
    Original Code or ii) the combination of the Original Code with other
    software or devices. 

2.2. Contributor Grant. 

Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license 
 
(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 Code and/or as part of a Larger Work; 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 makes Commercial Use of the Covered Code. 
(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)separate from the Contributor Version; 3) for infringements caused by:
    i) third party modifications of Contributor Version or ii) the combination
    of Modifications made by that Contributor with other software (except as
    part of the Contributor Version) or other devices; or 4) under Patent Claims
    infringed by Covered Code in the absence of Modifications made by that
    Contributor.

3. Distribution Obligations. 

3.1. Application of License. 

The Modifications which You create or to which You contribute are governed by
the terms of this License, including without limitation Section 2.2. The Source
Code version of Covered Code may be distributed only under the terms of this
License or a future version of this License released under Section 6.1, and You
must include a copy of this License with every copy of the Source Code You
distribute. You may 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. However, You may include an additional document
offering the additional rights described in Section 3.5. 

3.2. Availability of Source Code. 

Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on the
same media as an Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available; and if
made available via Electronic Distribution Mechanism, 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 that particular Modification
has been made available to such recipients. You are responsible for ensuring
that the Source Code version remains available even if the Electronic
Distribution Mechanism is maintained by a third party. 

3.3. Description of Modifications. 

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 the Initial Developer and
including the name of the Initial Developer 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. 

3.4. Intellectual Property Matters 

(a) Third Party Claims. 

If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the Source
Code distribution titled "LEGAL'' which describes the claim and the party
making the claim in sufficient detail that a recipient will know whom to
contact. If Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly modify the
LEGAL file in all copies Contributor makes available thereafter and shall take
other steps (such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered Code that new
knowledge has been obtained. 

(b) Contributor APIs. 

If Contributor's Modifications include an application programming interface and
Contributor has knowledge of patent licenses which are reasonably necessary to
implement that API, Contributor must also include this information in the LEGAL
file. 

(c)Representations. 

Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor's Modifications are Contributor's
original creation(s) and/or Contributor has sufficient rights to grant the
rights conveyed by this License.

3.5. Required Notices. 

You must duplicate the notice 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 (such as a
relevant directory) 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. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability obligations to one
or more recipients of Covered Code. 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 than 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. 

3.6. Distribution of Executable Versions. 

You may distribute Covered Code in Executable form only if the requirements of
Section 3.1-3.5 have been met for that Covered Code, and if You include a notice
stating that the Source Code version of the Covered Code is available under the
terms of this License, including a description of how and where You have
fulfilled the obligations of Section 3.2. The notice must be conspicuously
included in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the Covered Code.
You may distribute the Executable version of Covered Code or ownership rights
under 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 version does not attempt to limit or alter
the recipient's rights in the Source Code version from the rights set forth in
this License. If You distribute the Executable version 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 any 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. 

3.7. Larger Works. 

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

4. 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 Covered Code due to statute, judicial order, or
regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they
affect. Such description must be included in the LEGAL file described in Section
3.4 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 to be able to understand
it.

5. Application of this License. 

This License applies to code to which the Initial Developer has attached the
notice in Exhibit A and to related Covered Code.

6. Versions of the License. 

6.1. New Versions. 

Qlusters Corporation (''Qlusters'') may publish revised and/or new versions of
the License from time to time. Each version will be given a distinguishing
version number. 
6.2. Effect of New Versions. 

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. You may also
choose to use such Covered Code under the terms of any subsequent version of the
License published by Qlusters. No one other than Qlusters has the right to
modify the terms applicable to Covered Code created under this License. 

6.3. Derivative Works. 

If You create or use a modified version of this License (which you may only do
in order to apply it to code which is not already Covered Code governed by this
License), You must (a) rename Your license so that the phrases ''Qlusters'', 
''QLUSTERS PUBLIC LICENSE'' or any confusingly similar phrase do not appear in
your license (except to note that your license differs from this License) and
(b) otherwise make it clear that Your version of the license contains terms
which differ from the Qlusters Public License. (Filling in the name of the
Initial Developer, Original Code or Contributor in the notice described in
Exhibit A shall not of themselves be deemed to be modifications of this
License.)

7. DISCLAIMER OF WARRANTY. 

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 THAT THE COVERED CODE 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 CODE IS WITH YOU. SHOULD ANY
COVERED CODE 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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.

8. TERMINATION. 

8.1.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. All sublicenses to the Covered Code which
     are properly granted shall survive any termination of this License. Provisions
     which, by their nature, must remain in effect beyond the termination of this
     License shall survive. 

8.2.If You initiate litigation by asserting a patent infringement claim
     (excluding declatory judgment actions) against Initial Developer or a
     Contributor (the Initial Developer or Contributor against whom You file
     such action is referred to as "Participant") alleging that: 
     (a) such Participant's Contributor Version directly or indirectly
          infringes any patent, then any and all rights granted by such
          Participant to You under Sections 2.1 and/or 2.2 of this License
          shall, upon 60 days notice from Participant terminate prospectively,
          unless if within 60 days after receipt of notice You either:
          (i) agree in writing to pay Participant a mutually agreeable
          reasonable royalty for Your past and future use of Modifications made
          by such Participant, or (ii) withdraw Your litigation claim with
          respect to the Contributor Version against such Participant. If
          within 60 days of notice, 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 Participant
          to You under Sections 2.1 and/or 2.2 automatically terminate at the
          expiration of the 60 day notice period specified above. 
     (b) any software, hardware, or device, other than such Participant's
          Contributor Version, directly or indirectly infringes any patent, then
          any rights granted to You by such Participant under Sections 2.1(b)
          and 2.2(b) are revoked effective as of the date You first made, used,
          sold, distributed, or had made, Modifications made by that
          Participant. 

8.3.If You assert a patent infringement claim against Participant alleging
     that such Participant's Contributor Version 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 such Participant under
     Sections 2.1 or 2.2 shall be taken into account in determining the amount
     or value of any payment or license. 

8.4.In the event of termination under Sections 8.1 or 8.2 above, all end user
     license agreements (excluding distributors and resellers) which have been
     validly granted by You or any distributor hereunder prior to termination
     shall survive termination.

9. 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 CODE, 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 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.

10. U.S. GOVERNMENT END USERS. 

The Covered Code 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
Covered Code with only those rights set forth herein.


11. MISCELLANEOUS. 

This License represents the complete agreement concerning 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 California 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 shall be subject to the
jurisdiction of the Federal Courts of the Northern District of California, with
venue lying in Santa Clara County, California, 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. Any law or regulation
which provides that the language of a contract shall be construed against the
drafter shall not apply to this License.

12. 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.

13. MULTIPLE-LICENSED CODE. 

Initial Developer may designate portions of the Covered Code as
Multiple-Licensed. Multiple-Licensed means that the Initial Developer permits
you to utilize portions of the Covered Code under Your choice of the QLUSTERS
PUBLIC LICENSE or the alternative licenses, if any, specified by the Initial
Developer in the file described in Exhibit A.


EXHIBIT A - Qlusters Public License.
==================================== 
``The contents of this file are subject to the Qlusters Public License Version
1.1 (the "License"); you may not use this file except in compliance with the
License. You may obtain a copy of the License at
http://www.openqrm.org/content/view/33/69/.

Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License. 

The Original Code is openQRM. 

The Initial Developer of the Original Code is Qlusters Corporation. Portions
created by Qlusters Corporation are Copyright (C) 2003 - 2005. All Rights Reserved. 

Contributor(s): ______________________________________. 

EXHIBIT B - Qlusters Public License.
====================================
Additional Terms applicable to the Qlusters Public License.

I. Effect.
These additional terms described in this Qlusters Public License  Additional
Terms shall apply to the Covered Code under this License. 

II. Qlusters and logo.
This License does not grant any rights to use the trademarks "Qlusters" and the
"Qlusters" logos even if such marks are included in the Original Code or
Modifications. 
However, in addition to the other notice obligations, all copies of the Covered
Code in Executable and Source Code form distributed must, as a form of
attribution of the original author, include on each user interface screen
(i) the logos located at http://www.qlusters.com/images/pb_openqrm.png and once
for each user session (ii) the copyright notice in the same form as the latest
version of the Covered Code distributed by Qlusters Corporation at the time of
distribution of such copy. In addition, these logos must be visible to all users,
must appear in the upper left hand corner of each user interface screen, and must
be at least as large as the Qlusters logo is within the original Qlusters user
interface (116 x 30 pixels). When users click on these logos it must direct them
back to http://www.openqrm.org and http://www.Qlusters.com respectively.



