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Diffstat (limited to 'licenses/CPL-0.5')
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diff --git a/licenses/CPL-0.5 b/licenses/CPL-0.5 deleted file mode 100644 index fe9b6d159..000000000 --- a/licenses/CPL-0.5 +++ /dev/null @@ -1,237 +0,0 @@ - -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. |