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authorTim Besard <tim.besard@gmail.com>2011-11-02 15:13:03 +0100
committerTim Besard <tim.besard@gmail.com>2011-11-02 15:13:03 +0100
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tree9439b6ae73a5ab76c851ce08063839833368b6fc /License.htm
parentf9531223b72f8337b8d774c9e3a0d0b0f9ffcc7b (diff)
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-<h1>Common Public License Version 1.0</h1>
-
-<tt>
-
-<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
- LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
- CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. </p>
-
-
-
-<p><b>1. DEFINITIONS </b></p>
-
-<p>"Contribution" means:</p>
-
-<blockquote>
-<p>a) in the case of the initial Contributor, the initial code and documentation
- distributed under this Agreement, and </p>
-<p>
-b) in the case of each subsequent Contributor:</p>
-<p>
-i) changes to the Program, and</p>
-<p>
-ii) additions to the Program;</p>
-
-<p>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.</p>
-</blockquote>
-
-
-
-<p>"Contributor" means any person or entity that distributes the Program. </p>
-
-
-
-<p>"Licensed Patents " mean patent claims licensable by a Contributor which are
- necessarily infringed by the use or sale of its Contribution alone or when
- combined with the Program.</p>
-
-
-
-<p>"Program" means the Contributions distributed in accordance with this
- Agreement. </p>
-
-
-
-<p>"Recipient" means anyone who receives the Program under this Agreement,
- including all Contributors. </p>
-
-
-
-<p><b>2. GRANT OF RIGHTS</b></p>
-
-<blockquote>
-<p>a) Subject to the terms of this Agreement, each Contributor hereby grants
- Recipient a non-exclusive, worldwide, royalty-free copyright license to
- reproduce, prepare derivative works of, publicly display, publicly perform,
- distribute and sublicense the Contribution of such Contributor, if any, and
- such derivative works, in source code and object code form.</p>
-<p>
-
-b) Subject to the terms of this Agreement, each Contributor hereby grants
- Recipient a non-exclusive, worldwide, royalty-free patent license under
- Licensed Patents to make, use, sell, offer to sell, import and otherwise
- transfer the Contribution of such Contributor, if any, in source code and
- object code form. This patent license shall apply to the combination of the
- Contribution and the Program if, at the time the Contribution is added by the
- Contributor, such addition of the Contribution causes such combination to be
- covered by the Licensed Patents. The patent license shall not apply to any
- other combinations which include the Contribution. No hardware per se is
- licensed hereunder.</p>
-
-<p>c) Recipient understands that although each Contributor grants the licenses
- to its Contributions set forth herein, no assurances are provided by any
- Contributor that the Program does not infringe the patent or other intellectual
- property rights of any other entity. Each Contributor disclaims any liability
- to Recipient for claims brought by any other entity based on infringement of
- intellectual property rights or otherwise. As a condition to exercising the
- rights and licenses granted hereunder, each Recipient hereby assumes sole
- responsibility to secure any other intellectual property rights needed, if any.
- For example, if a third party patent license is required to allow Recipient to
- distribute the Program, it is Recipient's responsibility to acquire that
- license before distributing the Program.</p>
-
-<p>d) Each Contributor represents that to its knowledge it has sufficient
- copyright rights in its Contribution, if any, to grant the copyright license
- set forth in this Agreement.</p></blockquote>
-
-
-<p><strong>3. REQUIREMENTS</strong> </p>
-
-<p>A Contributor may choose to distribute the Program in object code form under
- its own license agreement, provided that: </p>
-
-<blockquote>
-<p>a) it complies with the terms and conditions of this Agreement; and</p>
-
-<p>
-b) its license agreement:</p>
-
-<p>i) effectively disclaims on behalf of all Contributors all warranties and
- conditions, express and implied, including warranties or conditions of title
- and non-infringement, and implied warranties or conditions of merchantability
- and fitness for a particular purpose;
-</p>
-<p>ii) effectively excludes on behalf of all Contributors all liability for
- damages, including direct, indirect, special, incidental and consequential
- damages, such as lost profits;
-</p>
-<p>iii) states that any provisions which differ from this Agreement are offered
- by that Contributor alone and not by any other party; and
-</p>
-<p>iv) states that source code for the Program is available from such
- Contributor, and informs licensees how to obtain it in a reasonable manner on
- or through a medium customarily used for software exchange.
-</p></blockquote>
-
-<p>
-
-When the Program is made available in source code form:</p>
-
-<blockquote><p>
- a) it must be made available under this Agreement; and</p>
- <p>
- b) a copy of this Agreement must be included with each copy of the Program.
-</p></blockquote>
-
-
-<p>Contributors may not remove or alter any copyright notices contained within
- the Program.</p>
-
-
-
-
-
-<p>Each Contributor must identify itself as the originator of its Contribution,
- if any, in a manner that reasonably allows subsequent Recipients to identify
- the originator of the Contribution. </p>
-
-
-<p><strong>4. COMMERCIAL DISTRIBUTION</strong> </p>
-
-<p>Commercial distributors of software may accept certain responsibilities with
- respect to end users, business partners and the like. While this license is
- intended to facilitate the commercial use of the Program, the Contributor who
- includes the Program in a commercial product offering should do so in a manner
- which does not create potential liability for other Contributors. Therefore, if
- a Contributor includes the Program in a commercial product offering, such
- Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
- every other Contributor ("Indemnified Contributor") against any losses, damages
- and costs (collectively "Losses") arising from claims, lawsuits and other legal
- actions brought by a third party against the Indemnified Contributor to the
- extent caused by the acts or omissions of such Commercial Contributor in
- connection with its distribution of the Program in a commercial product
- offering. The obligations in this section do not apply to any claims or Losses
- relating to any actual or alleged intellectual property infringement. In order
- to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
- Contributor in writing of such claim, and b) allow the Commercial Contributor
- to control, and cooperate with the Commercial Contributor in, the defense and
- any related settlement negotiations. The Indemnified Contributor may
- participate in any such claim at its own expense.
-</p>
-
-
-<p>For example, a Contributor might include the Program in a commercial product
- offering, Product X. That Contributor is then a Commercial Contributor. If that
- Commercial Contributor then makes performance claims, or offers warranties
- related to Product X, those performance claims and warranties are such
- Commercial Contributor's responsibility alone. Under this section, the
- Commercial Contributor would have to defend claims against the other
- Contributors related to those performance claims and warranties, and if a court
- requires any other Contributor to pay any damages as a result, the Commercial
- Contributor must pay those damages.
-</p>
-
-<p><strong>5. NO WARRANTY</strong></p>
-
-<p>
-EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
- "AS IS" BASIS, WITHOUT 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>
-
-
-<p><strong>
-6. DISCLAIMER OF LIABILITY </strong></p>
-
-<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT 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>
-
-<p><strong>7. GENERAL</strong></p>
-
-<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>If Recipient institutes patent litigation against a Contributor with respect
- to a patent applicable to software (including a cross-claim or counterclaim in
- a lawsuit), then any patent licenses granted by that Contributor to such
- Recipient under this Agreement shall terminate as of the date such litigation
- is filed. In addition, if Recipient institutes patent litigation against any
- entity (including a cross-claim or counterclaim in a lawsuit) alleging that the
- Program itself (excluding combinations of the Program with other software or
- hardware) infringes such Recipient's patent(s), then such Recipient's rights
- granted under Section 2(b) shall terminate as of the date such litigation is
- filed.</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>Everyone is permitted to copy and distribute copies of this Agreement, but in
- order to avoid inconsistency the Agreement is copyrighted and may only be
- modified in the following manner. The Agreement Steward reserves the right to
- publish new versions (including revisions) of this Agreement from time to time.
- No one other than the Agreement Steward has the right to modify this Agreement.
- IBM is the initial Agreement Steward. IBM may assign the responsibility to
- serve as the Agreement Steward to a suitable separate entity. 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. Except as expressly stated
- in Sections 2(a) and 2(b) 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 New York and the
- intellectual property laws of the United States of America. No party to this
- Agreement will bring a legal action under this Agreement more than one year
- after the cause of action arose. Each party waives its rights to a jury trial
- in any resulting litigation.</p>
-
-
-</tt>