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<title>MusicXML Public License Version 3.0</title>
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<body>
<h1>MusicXML™ Public License Version 3.0</h1>
<p>This MusicXML™ work (including software, documents, or other related
items) is being provided by the Copyright Holder under the following
license. By obtaining, using and/or copying this work, each Contributor
and Recipient (hereinafter, collectively known as "Licensee") agree that
he/she has read, understood, and will comply with the following terms
and conditions:</p>
<h3>A. DEFINITIONS</h3>
<p>"Copyright Holder" means Recordare LLC.</p>
<p>"Contribution" means:</p>
<ol>
<li>in the case of Recordare LLC, the Original Program, and</li>
<li>in the case of each Contributor,</li>
<ol type="a"><li>changes to the Program, and</li>
<li>additions to the Program;</li>
</ol>
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 it was added to the Program by such
Contributor itself or anyone acting on such Contributor's behalf.
Contributions do not include additions to the Program which: (i) are
separate modules of software distributed in conjunction with the Program
under their own license agreement, and (ii) are not derivative works of
the Program.
</ol>
<p>"Contributor" means Recordare LLC and any other entity that distributes
the Program.</p>
<p>"MusicXML™ Mark" means the MusicXML™ trademark owned by Recordare LLC.</p>
<p>"Original Program" means the original version of the software
accompanying this Agreement as released by Recordare LLC, including
source code, object code and documentation, if any.</p>
<p>"Program" means the Original Program and Contributions.</p>
<p>"Recipient" means anyone who receives the Program under this Agreement,
including all Contributors.</p>
<h3>B. GRANT OF RIGHTS</h3>
<p>Permission to use, copy, modify, and distribute the Program, with or
without modification, for any purpose and without fee or royalty is
hereby granted, provided that each Recipient include the following on
ALL copies of the Program or portions thereof, including modifications,
that he/she make:</p>
<ol>
<li><p>The full text of this License in a location viewable to users of
the redistributed or derivative work.</p></li>
<li><p>Any pre-existing intellectual property disclaimers, notices, or
terms and conditions. If none exist, a short notice of the following
form (hypertext is preferred, text is permitted) should be used within
the body of any redistributed or derivative code: "© Recordare LLC. All
rights reserved. http://www.recordare.com"</p></li>
<li><p>Notice of any changes or modifications to the MusicXML™ files,
including the date changes were made. (We recommend you provide URLs to
the location from which the code is derived.)</p></li>
</ol>
<p>In addition, creators of derivative works must include the full text of
this License in a location viewable to users of the derivative work.</p>
<p>Title to copyright in the Program will at all times remain with
Copyright Holder.</p>
<h3>C. NO WARRANTY</h3>
<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
PROVIDED ON AN "AS IS" BASIS, AND COPYRIGHT HOLDER MAKES NO 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.</p>
<h3>D. DISCLAIMER OF LIABILITY</h3>
<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER COPYRIGHT
HOLDER 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.</p>
<h3>E. TRADEMARK</h3>
<p>1. The MusicXML™ Mark (or a derivative Mark, such as MusicXML™ Plus)
may not be used to identify any product or service not originating from
or licensed by Copyright Holder without specific, written prior
permission. However, it is acceptable for a Contributor product or
service to be described as being MusicXML™-compatible, assuming that the
claim is true in Copyright Holder’s reasonable judgment. </p>
<p>2. This License does not grant any rights to use any other trademarks
owned by Copyright Holder, including without limitation "Recordare®",
"Dolet®", and "In the Beginning Was the Note®", even if such marks are
included in the Program. For purposes of clarification and the avoidance
of doubt, the trademarks "Recordare®", "Dolet®", and "In the Beginning
Was the Note®" must not be used to endorse or promote Contributor
versions of the Program without the prior written permission of
Copyright Holder. </p>
<p>3. All rights not expressly granted herein by Copyright Holder with
respect to the MusicXML™ Mark or any other trademarks owned by Copyright
Holder are reserved by and to Copyright Holder.</p>
<h3>F. GENERAL</h3>
<p>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.</p>
<p>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. If all Recipient's rights under
this Agreement terminate, Recipient agrees to cease use and distribution
of the Program as soon as reasonably practicable. However, Recipient's
obligations under this Agreement and any licenses granted by Recipient
relating to the Program shall continue and survive.</p>
<p>Recordare LLC may publish new versions (including revisions) of this
Agreement from time to time. Each new version of the Agreement will be
given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the
Agreement under which it was received. In addition, after a new version
of the Agreement is published, Contributor may elect to distribute the
Program (including its Contributions) under the new version. No one
other than Recordare LLC has the right to modify this Agreement. Except
as expressly stated in Sections B and E above, Recipient receives no
rights or licenses to the intellectual property of any Contributor under
this Agreement, whether expressly, by implication, estoppel or
otherwise. All rights in the Program not expressly granted under this
Agreement are reserved.</p>
<p>This Agreement is governed by the laws of the State of California and
the intellectual property laws of the United States of America.</p>
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