VIRATRACE PUBLIC SOURCE LICENSE
Version 1.0.1 - December 10, 2020

Please read this License carefully before downloading this software.
By downloading and using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.

1. General; Definitions: This License applies to any program or other work which ViraTrace, LLC (“ViraTrace”) publicly announces as subject to this ViraTrace Public Source License and contains a notice placed by ViraTrace identifying such program or work as “Original Code” and stating that it is subject to the terms of the ViraTrace Restrictive Public Source License version 1.0 (or subsequent version thereof), as it may be revised from time to time by ViraTrace(“License”). As used in this License:

	1.1 “Affected Original Code” means only those specific portions of 	Original Code that allegedly infringe upon any party’s intellectual 	property rights or are otherwise the subject of a claim of 	infringement or other legal process.

	1.2 “Applicable Patent Rights” means: (a) in the case where ViraTrace    
     Is the grantor of rights, (i) claims of patents that are now or 	hereafter acquired, owned or assigned to ViraTrace and (ii) that 	cover subject matter contained in the Original Code, but only to the 	extent necessary to use, reproduce and/or distribute the Original 	Code without infringement; and (b) in the case where You are the 	grantor of rights, (i) claims of patents that are now or hereafter 	acquired, owned by or assigned to You and (ii) that cover subject 	matter in Your Modifications, taken alone or in combination with 	Original Code.

	1.3 “Covered Code” means the Original Code, Modifications, the 	combination of Original Code and any Modifications, and/or any 	respective portions thereof.

	1.4 “Deploy” means to use, sublicense or distribute Covered Code, and 	includes without limitation, any and all internal use or distribution 	of Covered Code within your business or organization, specifically 	including research and development (R&D) use, as well as direct or 	indirect sublicensing or distribution of Covered Code by You to any 	third party in any form or manner.

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

	1.6 “Modifications” mean any addition to, deletion from, and/or 	change to, the substance and/or structure of Covered Code. When code 	is released as a series of files, a Modification is: (a) any addition 	to or deletion from the contents of a file containing Covered Code; 	and/or (b) any new file or other representation of computer program 	statements that contains any part of the Covered Code.

	1.7 “Original Code” means (a) the Source Code of a program or other 	work as originally made available by ViraTrace under this License, 	including Source Code of any updates or upgrades to such programs or 	works made available by ViraTrace under this License, and that has 	been expressly identified by ViraTrace as such in the header file(s) 	of such work; and (b) the object code compiled from such Source Code 	and originally made available by ViraTrace under this License.

	1.8 “Source Code” means the human or optical character recognition 	(OCR) readable form of a program or other work that is suitable 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 (object code).

	1.9 “You” or “Your” means an individual or a legal entity exercising 	rights under this License. For legal entities, “You” or “Your” 	includes any entity which controls, is controlled by, or is under 	common control with, You, where “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 thirty-three 	percent (33%) or more of the outstanding shares or beneficial 	ownership of such entity.

	1.10 “Technical and Legal Compliance Review” means any process by 	which Covered Code submitted by You to determine if Your 	Modifications cause the Covered Code to fall out of compliance with 	Applicable Laws is undertaken by ViraTrace and/or its subsidiaries. 	For purposes of this definition, Applicable Laws shall mean any law 	which is intended to provide a legal framework for compliance with 	health, safety, personal privacy or other such concerns. Applicable 	Laws shall include, but not be limited to, the Health Information 	Portability and Privacy Act (HIPPA) and the General Data Protection 	Regulation (GDRP).

	1.11 “Disabling Update” means a mandatory software update to any 	application or software product which has utilized Covered Code, and 	that has specifically been designed to prevent further usage of such 	application or software product and the Covered Code within.

	1.12 “Publicly Available” means any Covered Code or Your 	Modifications to Covered Code which are available to anyone outside 	of Your organization or entity upon request, either thru electronic 	or other distribution means, regardless of whether those means are 	controlled by a third party.

2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, ViraTrace hereby grants You, effective on the date You accept this License and download or utilize any portion of the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of ViraTrace’s Applicable Patent Rights and copyrights covering the Original Code, to do the following:

	2.1 You may use, copy, modify and distribute Original Code, with or 	without Modifications, solely for Your internal research and 	development (R&D), provided that You must in each instance:

		(a) retain and reproduce in all copies of Original Code the 		copyright and other proprietary notices and disclaimers of 		ViraTrace as they appear in the Original Code, and keep intact 		all notices in the Original Code that refer to this License;

		(b) include a copy of this License with every copy of Source 		Code of Covered Code and documentation You distribute, and You 		may not offer or impose any terms on such Source Code that alter 		or restrict this License or the recipients’ rights hereunder, 		except as permitted under Section 6; and

		(c) completely and accurately document all Modifications that 		you have made and the date of each such Modification, designate 		the version of the Original Code You used, prominently include a 		file carrying such information with the Modifications, and 		duplicate the notice in Exhibit A in each file of the Source 		Code of all such Modifications. 

	2.2 You may Deploy Covered Code, provided that You must in each 	instance:

		(a) satisfy all the conditions of Section 2.1 with respect to 		the Source Code of the Covered Code;

		(b) make all Your Deployed Modifications publicly available in 		Source Code form via electronic distribution (e.g. download from 		a Git repository) under the terms of this License and subject to 		the License grants set forth in Section 3 below, and any 		additional terms You may choose to offer under Section 6. You 		must continue to make the Source Code of Your Deployed 		Modifications available for as long as you Deploy the Covered 		Code or twenty-four (24) months from the date of initial 		Deployment, whichever is longer;

		(c) if You Deploy Covered Code containing Modifications made by 		You, inform ViraTrace of such Modifications by submitting the 		documentation required by Section 2.1(c) and a copy of Covered 		Code via electronic mail to management@viratrace.us, if 		available; and

		(d) if You Deploy Covered Code in object code, executable form 		only, include a prominent notice, in the code itself as well as 		in related documentation, stating that Source Code of the 		Covered Code is available under the terms of this License with 		information on how and where to obtain such Source Code.

3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License:
	
	(a) You hereby grant to all third parties (exclusive of ViraTrace 	and/or its subsidiaries) a non-exclusive, royalty-free license, under 	Your Applicable Patent Rights and other intellectual property rights 	owned or controlled by You, to use, reproduce, modify, distribute and 	Deploy Your Modifications of the same scope and extent as ViraTrace’s 	licenses under Sections 2.1 and 2.2; and

	(b) You hereby grant to ViraTrace and its subsidiaries a non-	exclusive, worldwide, royalty-free, perpetual and irrevocable 	license, under Your Applicable Patent Rights and other intellectual 	property rights owned or controlled by You, to use, reproduce, 	execute, compile, display, perform, modify or have modified (for 	ViraTrace and/or its subsidiaries), and distribute Your 	Modifications, in any form, through multiple tiers of distribution 	solely for purposes of Technical and Legal Compliance Review, and 	enforcement of the Termination and Severability clauses of this 	License. 

4. 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 each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.

5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by ViraTrace herein. Modifications and/or Larger Works may require additional patent licenses from ViraTrace which ViraTrace may grant in its sole discretion.

6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein (“Additional Terms”) to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of ViraTrace. You must obtain the recipient’s express agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold ViraTrace harmless for any liability incurred by or claims asserted against ViraTrace by reason of any such Additional Terms.

7. Versions of the License. ViraTrace may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by ViraTrace. No one other than ViraTrace has the right to modify the terms applicable to Covered Code created under this License.

8. NO WARRANTY OR SUPPORT. The Original Code may contain in whole or in part pre-release, untested, or not fully tested works. The Original Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Original Code, or any portion thereof, is at Your sole and entire risk. THE ORIGINAL CODE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND VIRATRACE AND VIRATRACE’S LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 8 AND 9, VIRATRACE AND VIRATRACE’S LICENSOR(S) ARE COLLECTIVELY REFERRED TO AS “VIRATRACE”) EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. VIRATRACE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ORIGINAL CODE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ORIGINAL CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ORIGINAL CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIRATRACE OR A VIRATRACE AUTHORIZED REPRESENTATIVE SHALL CREATE WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. You acknowledge that the Original Code is not intended for use in the operation of nuclear facilities, aircraft navigation, or air traffic control machines in which case the failure of the Original Code could lead to death, personal injury, or severe physical or environmental damage.

9. Liability.

	9.1 Infringement. If any portion of, or functionality implemented by, 	the Original Code becomes the subject of a claim of infringement, 	ViraTrace must, at its option: (a) attempt to procure the rights 	necessary for ViraTrace and You to continue using the Affected 	Original Code, and in the interim modify the Affected Original Code 	so that it is no longer infringing; or (b) suspend Your rights to 	use, reproduce, modify, sublicense and distribute the Affected 	Original Code until a final determination of the claim is made by a 	court or governmental agency of competent jurisdiction and ViraTrace 	lifts the suspension as set forth below. Such suspension of rights 	will be effective immediately upon ViraTrace’s posting of a notice to 	such effect on the Git repository that is used for implementation of 	this License. 	Upon such final determination being made, if ViraTrace 	is legally able, without the payment of a fee or royalty, to 	resume use, reproduction, modification, sublicensing and 	distribution of the Affected Original Code, ViraTrace shall lift 	the suspension of rights to the Affected Original code by 	posting a notice to such effect on the Git repository that is used 	for implementation of this License. If ViraTrace suspends your rights 	to Affected Original Code, nothing in this License shall be construed 	to restrict You, at Your option 	and subject to applicable law, 	from replacing the Affected Original code with non-infringing code or 	independently negotiating for necessary rights from such third party.

	9.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL VIRATRACE 	BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL 	DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR 	INABILITY TO USE THE ORIGINAL CODE, OR ANY PORTION THEREOF, WHETHER 	UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), 	PRODUCTS LIABILITY OR OTHERWISE, EVEN IF VIRATRACE HAS BEEN ADVISED 	OF THE POSSIBILITY OF SUCH DAMAGES AND AND NOTWITHSTANDING THE 	FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall 	ViraTrace’s total liability to You for all damages and attorney’s 	fees under this License exceed the amount of fifty United States 	dollars ($50.00).

10. Trademarks. This License does not grant any rights to use the trademarks or trade names “ViraTrace”, ViraTrace, LLC”, “ViraTrace BLE” or any other trademarks or trade name belonging to ViraTrace (collectively “ViraTrace Marks”) and no ViraTrace Marks may be used to endorse or promote products derived from the Original Code other than as permitted and in strict compliance at all times with ViraTrace’s third party trademark usage guidelines which may be obtained by sending an electronic mail request to management@viratrace.us.

11. Ownership. ViraTrace retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of ViraTrace (“ViraTrace Modifications”), and such ViraTrace Modifications will not be automatically subject to this License. ViraTrace may, at its sole discretion, choose to license such ViraTrace Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all. ViraTrace’s development, use, reproduction, modification, sublicensing and distribution of Covered Code will not be subject to this License.

12. Termination. 

	12.1 This License and the rights granted hereunder will terminate:

		(a) automatically without notice from ViraTrace if you fail to 		comply with any term(s) of this License and fail to cure such 		breach within 30 calendar days of becoming aware of such breach;

		(b) immediately in the event of the circumstances described in 		Section 13.5(b);

		(c) automatically without notice from ViraTrace if the results 		of a Technical and Legal Compliance Review undertaken by 		ViraTrace and/or its subsidiaries pursuant to Section 3(b) 		determine that Your Modifications to Covered Code are out of 		Technical and Legal Compliance with Applicable Laws as defined 		in Section 1.10 and You fail to pass a secondary Technical and 		Legal Compliance Review within 7 calendar days of becoming aware 		of such results; or

		(d) automatically without notice from ViraTrace if You, at any 		time during the term of this License, commence and action for 		patent infringement against ViraTrace and/or its subsidiaries.

	12.2 Effect of Termination. Upon termination, You agree to 	immediately and without delay stop any further use, reproduction, 	modification, sublicensing and distribution of the Covered Code and 	to destroy all copies of the Covered Code that are in your possession 	or control. In the event Your use of the Covered Code was in the 	development and creation of a free or paid Publicly Available 	application or software product, you agree to immediately and without 	delay remove such application or software product from any and all 	applicable distribution 	platforms and to stop any further use via 	release of a mandatory Disabling Update as defined in Section 1.11. 	All sublicenses to the Covered Code which have been properly granted 	prior to 	termination shall survive any termination of this License. 	Provisions which, by their nature, should remain in effect beyond 	the termination of this License shall survive, including but not 	limited to Sections 3,5,8,9,10,11,12.2 and 13. Neither party will 	be liable to the other for compensation, indemnity or damages of 	any sort solely as a result of terminating this License 	in accordance with its terms, and termination of this License will be 	without prejudice to any other right or remedy of either party.

13. Miscellaneous.

	13.1 Government End Users. The Covered Code is a “commercial item” as 	defined in FAR 2.101. Government software and technical data rights 	in the Covered Code include only those rights customarily provide to 	the public as defined in this License. This customary commercial 	license in technical data and software is provided in accordance with 	FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for 	Department of Defense purchases, DFAR 252.277-7015 (Technical data — 	Commercial Items) and 227.7202-3 (Rights in Commercial Computer 	Software or Computer Software Documentation). Accordingly, all U.S. 	Government End Users acquire Covered Code with only those rights set 	forth herein.

	13.2 Relationship of Parties. This License shall not be construed as 	creating an agency, partnership, joint venture or any other form of 	legal association between You and ViraTrace, and You will not 	represent to the contrary, whether expressly, by implication, 	appearance or otherwise.

	13.3 Independent Development. Nothing in this License will impair 	ViraTrace’s right to acquire, license, develop, have others develop 	for it, market and/or distribute technology or products that perform 	the same or similar function as, or otherwise compete with, 	Modifications, Larger Works, technology or products that You may 	develop, produce, market or distribute; except that ViraTrace and/or 	its subsidiaries may not utilize knowledge of your Modifications 	obtained under the terms of this License to design, develop, have 	others develop for it, market and/or distribute technology or 	products that that perform the same or similar function as, or 	otherwise compete with, Modifications, Larger Works, technology or 	products that You may develop, produce, market or distribute.

	13.4 Waiver; Construction. Failure by ViraTrace to immediately 	enforce any provision of this License will not be deemed a waiver of 	future enforcement of that or any other provision. Any law or 	regulation which provides that the language of a contract shall be 	construed agains the drafter will not apply to this License.

	13.5 Severability. (a) If for any reason a court of competent 	jurisdiction finds any provision of this License, or portion thereof, 	to be unenforceable, that provision of the License will be enforced 	to the maximum extent permissible so as to effect the economic 	benefits and intent of the parties, and the remainder of this License 	will continue in full force and effect. (b) Notwithstanding the 	foregoing, if applicable law prohibits or restricts You from fully 	and/or specifically complying with Section 2 and/or 3 or to issue a 	Disabling Update as defined in Section 1.11 and required by Section 	12.2 or prevents the enforceability of those Sections, this License 	will immediately terminate and You must immediately discontinue any 	use of the Covered Code and destroy all copies of it that are in Your 	possession or control.

	13.6 Dispute Resolution. Any litigation or other dispute resolution 	between You and ViraTrace relating to this License shall take place 	in the District of Colorado, and You and ViraTrace hereby consent to 	the personal jurisdiction of, and venue in, the state and federal 	courts within that District with respect to this License. The 	application of the United Nations Convention on Contracts for the 	International Sale of Goods is expressly excluded. 

	13.7 Entire Agreement; Governing Law. This License constitutes the 	entire agreement between the parties with respect to the subject 	matter hereof. This License shall be governed by the laws of the 	United States and the State of Colorado, except that body of Colorado 	law concerning conflicts of law.
	Where You are located in the province of Quebec, Canada, the 	following clause applies: The parties hereby confirm that they have 	requested this License and all related documents be drafted English. 	Les parties ont exige que le present contrat et tous les documents 	connezes soient rediges en angles.

EXHIBIT A. 

"Portions Copyright (c) 1999-2007 ViraTrace LLC.  All Rights Reserved.

This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the ViraTrace Public Source License Version 1.0 (the 'License').  You may not use this file except in compliance with the License.  Please obtain a copy of the License at https://github.com/ViraTrace/License and read it before using this file.

The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ViraTrace HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.  Please see the License for the specific language governing rights and limitations under the License."