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diff --git a/License.htm b/License.htm deleted file mode 100644 index 8beaf6a..0000000 --- a/License.htm +++ /dev/null @@ -1,267 +0,0 @@ -<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> |