                           OPEN PUBLIC LICENSE
                                Version 1.0

                                      

1. Definitions.

        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 and the corresponding addendum
        described in section 6.4 below.

        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.

        1.11. "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 a list of
        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" 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 fifty percent (50%) or
        more of the outstanding shares or beneficial ownership of such
        entity.

        1.13 "License Author" means Lutris Technologies, Inc.

2. Source Code License.

        2.1. The Initial Developer Grant.
        The Initial Developer hereby grants You a worldwide, royalty-free,
        non-exclusive license, subject to third party intellectual property
        claims:

               (a) under intellectual property rights (other than patent or
               trademark) to use, reproduce, modify, display, perform,
               sublicense and distribute the Original Code (or portions
               thereof) with or without Modifications, or as part of a
               Larger Work; and

               (b) under patents now or hereafter owned or controlled by
               Initial Developer, to make, have made, use and sell (``offer
               to sell and import'') the Original Code (or portions
               thereof), but solely to the extent that any such patent is
               reasonably necessary to enable You to Utilize the Original
               Code (or portions thereof) and not to any greater extent
               that may be necessary to Utilize further Modifications or
               combinations.

        2.2. Contributor Grant.
        Each Contributor hereby grants You a worldwide, royalty-free,
        non-exclusive license, subject to third party intellectual property
        claims:

               (a) under intellectual property rights (other than patent or
               trademark) 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 or as part
               of a Larger Work; and

               (b) under patents now or hereafter owned or controlled by
               Contributor, to to make, have made, use and sell (``offer to
               sell and import'') the Contributor Version (or portions
               thereof), but solely to the extent that any such patent is
               reasonably necessary to enable You to Utilize the
               Contributor Version (or portions thereof), and not to any
               greater extent that may be necessary to Utilize further
               Modifications or combinations

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, prior to any use, except for internal
        development and practice, 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 shall notify the Initial Developer of the
        Modification and the location of the Source Code via the contact
        means provided for in the Developer Specific license. Initial
        Developer will be acting as maintainer of the Source Code and may
        provide an Electronic Distribution mechanism for the Modification
        to be made available.

        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 You have knowledge that a party claims an intellectual
               property right in particular functionality or code (or its
               utilization under this License), you 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 you obtain such knowledge after You make Your
               Modification available as described in Section 3.2, You
               shall promptly modify the LEGAL file in all copies You make
               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) 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, and this License in any documentation for the Source
        Code, where You describe recipients' rights relating to Covered
        Code. If You created one or more Modification(s), You may add your
        name as a Contributor to the notice described in Exhibit A. 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 file) where a user would be
        likely to look for such a notice. 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
        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.

        3.6. 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 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. If you distribute executable versions containing Covered
        Code, you must reproduce the notice in Exhibit B in the
        documentation and/or other materials provided with the product.

        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 or regulation then You must: (a) comply with the terms of
        this License to the maximum extent possible; and (b) Cite all of
        the statutes or regulations that prohibit you from complying fully
        with this license. (c) 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.
        License Author may publish revised and/or new versions of the
        License from time to time. Each version will be given a
        distinguishing version number and shall be submitted to
        opensource.org for certification.

        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
        Initial Developer. No one other than Initial Developer 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, except in
        association with the required Developer Specific License described
        in section 6.4, (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 ``Open'',
        ``OpenPL'', ``OPL'' or any confusingly similar phrase do not appear
        anywhere in your license and (b) otherwise make it clear that your
        version of the license contains terms which differ from the Open
        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.)

6.4. Required Additional Developer Specific License

        This license is a union of the following two parts that should be
        found as text files in the same place (directory), in the order of
        preeminence:

           [1] A Developer specific license.

           [2] The contents of this file OPL_1_0.TXT, stating the general
           licensing policy of the software.

        In case of conflicting dispositions in the parts of this license,
        the terms of the lower-numbered part will always be superseded by
        the terms of the higher numbered part.

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 Termination upon Breach

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

         

        8.2.  Termination Upon Litigation. 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 THE INITIAL
        DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
        OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
        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
        THAT 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 section was intentionally left blank. The contents of this
        section are found in the corresponding addendum described above.

12. RESPONSIBILITY FOR CLAIMS.

        Except in cases where another Contributor has failed to comply with
        Section 3.4, You are responsible for damages arising, directly or
        indirectly, out of Your utilization of rights under this License,
        based on the number of copies of Covered Code you made available, the
        revenues you received from utilizing such rights, and other relevant
        factors. You agree to work with affected parties to distribute with
        Initial Developer responsibility on an equitable basis.

EXHIBIT A.

        Text for this Exhibit A is found in the corresponding addendum,
        described in section 6.4 above, text file provided by the Initial
        Developer. This license is not valid or complete with out that
        file.

EXHIBIT B.

        Text for this Exhibit B is found in the corresponding addendum,
        described in section 6.4 above, text file provided by the Initial
        Developer. This license is not valid or complete with out that
        file.


