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diff --git a/licenses/IBM b/licenses/IBM deleted file mode 100644 index 007b549ef..000000000 --- a/licenses/IBM +++ /dev/null @@ -1,222 +0,0 @@ -IBM Public License Version 1.0 - -THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM 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 International Business Machines Corporation ("IBM"), - the Original Program, and - -b) in the case of each 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 IBM and any other 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. - -"Original Program" means the original version of the software accompanying -this Agreement as released by IBM, including source code, object code and -documentation, if any. - -"Program" means the Original Program and Contributions. - -"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. - -Each Contributor must include the following in a conspicuous location in -the Program: - -Copyright © {date here}, International Business Machines Corporation and -others. All Rights Reserved. - -In addition, 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. - -IBM may publish new versions (including revisions) of this Agreement from -time to time. 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. No one other than IBM has the right -to modify this Agreement. 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. |