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diff --git a/licenses/CPL-0.5 b/licenses/CPL-0.5 new file mode 100644 index 000000000..fe9b6d159 --- /dev/null +++ b/licenses/CPL-0.5 @@ -0,0 +1,237 @@ + +Common Public License Version 0.5 + + 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. |