From 841ef035643ece6bc3da93caf0b08ad0193c33ec Mon Sep 17 00:00:00 2001 From: Tim Besard Date: Wed, 2 Nov 2011 15:13:03 +0100 Subject: Moving the license. --- LICENSE | 214 ++++++++++++++++++++++++++++++++++++++++++++++++ License.htm | 267 ------------------------------------------------------------ License.txt | 214 ------------------------------------------------ 3 files changed, 214 insertions(+), 481 deletions(-) create mode 100644 LICENSE delete mode 100644 License.htm delete mode 100644 License.txt diff --git a/LICENSE b/LICENSE new file mode 100644 index 0000000..8af18e5 --- /dev/null +++ b/LICENSE @@ -0,0 +1,214 @@ +Common Public License Version 1.0 + +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. + +1. DEFINITIONS + +"Contribution" means: + + a) in the case of the initial Contributor, the initial code and +documentation distributed under this Agreement, and + + b) in the case of each subsequent Contributor: + + i) changes to the Program, and + + ii) additions to the Program; + + 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. + +"Contributor" means any person or entity that distributes the Program. + +"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. + +"Program" means the Contributions distributed in accordance with this Agreement. + +"Recipient" means anyone who receives the Program under this Agreement, +including all Contributors. + +2. GRANT OF RIGHTS + + 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. + + 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. + + 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. + + 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. + +3. REQUIREMENTS + +A Contributor may choose to distribute the Program in object code form under its +own license agreement, provided that: + + a) it complies with the terms and conditions of this Agreement; and + + b) its license agreement: + + 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; + + ii) effectively excludes on behalf of all Contributors all liability for +damages, including direct, indirect, special, incidental and consequential +damages, such as lost profits; + + iii) states that any provisions which differ from this Agreement are offered +by that Contributor alone and not by any other party; and + + 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. + +When the Program is made available in source code form: + + a) it must be made available under this Agreement; and + + b) a copy of this Agreement must be included with each copy of the Program. + +Contributors may not remove or alter any copyright notices contained within the +Program. + +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. + +4. COMMERCIAL DISTRIBUTION + +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. + +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. + +5. NO WARRANTY + +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. + +6. DISCLAIMER OF LIABILITY + +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. + +7. GENERAL + +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. + +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. + +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. + +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. + +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. + diff --git a/License.htm b/License.htm deleted file mode 100644 index 8beaf6a..0000000 --- a/License.htm +++ /dev/null @@ -1,267 +0,0 @@ -

Common Public License Version 1.0

- - - -

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.

- - - -

1. DEFINITIONS

- -

"Contribution" means:

- -
-

a) in the case of the initial Contributor, the initial code and documentation - distributed under this Agreement, and

-

-b) in the case of each subsequent Contributor:

-

-i) changes to the Program, and

-

-ii) additions to the Program;

- -

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.

-
- - - -

"Contributor" means any person or entity that distributes the Program.

- - - -

"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.

- - - -

"Program" means the Contributions distributed in accordance with this - Agreement.

- - - -

"Recipient" means anyone who receives the Program under this Agreement, - including all Contributors.

- - - -

2. GRANT OF RIGHTS

- -
-

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.

-

- -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.

- -

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.

- -

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.

- - -

3. REQUIREMENTS

- -

A Contributor may choose to distribute the Program in object code form under - its own license agreement, provided that:

- -
-

a) it complies with the terms and conditions of this Agreement; and

- -

-b) its license agreement:

- -

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; -

-

ii) effectively excludes on behalf of all Contributors all liability for - damages, including direct, indirect, special, incidental and consequential - damages, such as lost profits; -

-

iii) states that any provisions which differ from this Agreement are offered - by that Contributor alone and not by any other party; and -

-

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. -

- -

- -When the Program is made available in source code form:

- -

- a) it must be made available under this Agreement; and

-

- b) a copy of this Agreement must be included with each copy of the Program. -

- - -

Contributors may not remove or alter any copyright notices contained within - the Program.

- - - - - -

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.

- - -

4. COMMERCIAL DISTRIBUTION

- -

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. -

- - -

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. -

- -

5. NO WARRANTY

- -

-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. -

- - -

-6. DISCLAIMER OF LIABILITY

- -

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. -

- -

7. GENERAL

- -

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.

- - - -

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.

- - - -

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.

- - - -

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.

- - - -

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.

- - - diff --git a/License.txt b/License.txt deleted file mode 100644 index 8af18e5..0000000 --- a/License.txt +++ /dev/null @@ -1,214 +0,0 @@ -Common Public License Version 1.0 - -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. - -1. DEFINITIONS - -"Contribution" means: - - a) in the case of the initial Contributor, the initial code and -documentation distributed under this Agreement, and - - b) in the case of each subsequent Contributor: - - i) changes to the Program, and - - ii) additions to the Program; - - 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. - -"Contributor" means any person or entity that distributes the Program. - -"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. - -"Program" means the Contributions distributed in accordance with this Agreement. - -"Recipient" means anyone who receives the Program under this Agreement, -including all Contributors. - -2. GRANT OF RIGHTS - - 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. - - 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. - - 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. - - 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. - -3. REQUIREMENTS - -A Contributor may choose to distribute the Program in object code form under its -own license agreement, provided that: - - a) it complies with the terms and conditions of this Agreement; and - - b) its license agreement: - - 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; - - ii) effectively excludes on behalf of all Contributors all liability for -damages, including direct, indirect, special, incidental and consequential -damages, such as lost profits; - - iii) states that any provisions which differ from this Agreement are offered -by that Contributor alone and not by any other party; and - - 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. - -When the Program is made available in source code form: - - a) it must be made available under this Agreement; and - - b) a copy of this Agreement must be included with each copy of the Program. - -Contributors may not remove or alter any copyright notices contained within the -Program. - -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. - -4. COMMERCIAL DISTRIBUTION - -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. - -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. - -5. NO WARRANTY - -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. - -6. DISCLAIMER OF LIABILITY - -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. - -7. GENERAL - -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. - -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. - -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. - -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. - -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. - -- cgit v1.2.3