source: trunk/LICENSE @ 1

Last change on this file since 1 was 1, checked in by coin, 10 years ago

Initial import

File size: 28.7 KB
Line 
1THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF ONE OF THE TWO
2LICENSE ("AGREEMENT"), I.E. EITHER THE COMMON PUBLIC LICENSE OR THE
3GNU PUBLIC LICENSE AS GIVEN BELOW. ANY USE, REPRODUCTION OR DISTRIBUTION
4OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF ONE OF THE
5TWO AGREEMENTS CPL or GPL.
6
7
8Common Public License (CPL) Version 1.0
9************************************
10
11
12
131. DEFINITIONS
14
15"Contribution" means:
16
17a) in the case of the initial Contributor, the initial code and
18documentation distributed under this Agreement, and
19
20b) in the case of each subsequent Contributor:
21
22i) changes to the Program, and
23
24ii) additions to the Program;
25
26where such changes and/or additions to the Program originate from and are
27distributed by that particular Contributor. A Contribution 'originates' from a
28Contributor if it was added to the Program by such Contributor itself or anyone
29acting on such Contributor's behalf. Contributions do not include additions to
30the Program which: (i) are separate modules of software distributed in
31conjunction with the Program under their own license agreement, and (ii) are not
32derivative works of the Program.
33
34"Contributor" means any person or entity that distributes the Program.
35
36"Licensed Patents " mean patent claims licensable by a Contributor which are
37necessarily infringed by the use or sale of its Contribution alone or when
38combined with the Program.
39
40"Program" means the Contributions distributed in accordance with this Agreement.
41
42"Recipient" means anyone who receives the Program under this Agreement,
43including all Contributors.
44
452. GRANT OF RIGHTS
46
47a) Subject to the terms of this Agreement, each Contributor hereby grants
48Recipient a non-exclusive, worldwide, royalty-free copyright license to
49reproduce, prepare derivative works of, publicly display, publicly perform,
50distribute and sublicense the Contribution of such Contributor, if any, and such
51derivative works, in source code and object code form.
52
53b) Subject to the terms of this Agreement, each Contributor hereby grants
54Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
55Patents to make, use, sell, offer to sell, import and otherwise transfer the
56Contribution of such Contributor, if any, in source code and object code form.
57This patent license shall apply to the combination of the Contribution and the
58Program if, at the time the Contribution is added by the Contributor, such
59addition of the Contribution causes such combination to be covered by the
60Licensed Patents. The patent license shall not apply to any other combinations
61which include the Contribution. No hardware per se is licensed hereunder.
62
63c) Recipient understands that although each Contributor grants the licenses
64to its Contributions set forth herein, no assurances are provided by any
65Contributor that the Program does not infringe the patent or other intellectual
66property rights of any other entity. Each Contributor disclaims any liability to
67Recipient for claims brought by any other entity based on infringement of
68intellectual property rights or otherwise. As a condition to exercising the
69rights and licenses granted hereunder, each Recipient hereby assumes sole
70responsibility to secure any other intellectual property rights needed, if any.
71For example, if a third party patent license is required to allow Recipient to
72distribute the Program, it is Recipient's responsibility to acquire that license
73before distributing the Program.
74
75d) Each Contributor represents that to its knowledge it has sufficient
76copyright rights in its Contribution, if any, to grant the copyright license set
77forth in this Agreement.
78
793. REQUIREMENTS
80
81A Contributor may choose to distribute the Program in object code form under its
82own license agreement, provided that:
83
84a) it complies with the terms and conditions of this Agreement; and
85
86b) its license agreement:
87
88i) effectively disclaims on behalf of all Contributors all warranties and
89conditions, express and implied, including warranties or conditions of title and
90non-infringement, and implied warranties or conditions of merchantability and
91fitness for a particular purpose;
92
93ii) effectively excludes on behalf of all Contributors all liability for
94damages, including direct, indirect, special, incidental and consequential
95damages, such as lost profits;
96
97iii) states that any provisions which differ from this Agreement are offered
98by that Contributor alone and not by any other party; and
99
100iv) states that source code for the Program is available from such
101Contributor, and informs licensees how to obtain it in a reasonable manner on or
102through a medium customarily used for software exchange.
103
104When the Program is made available in source code form:
105
106a) it must be made available under this Agreement; and
107
108b) a copy of this Agreement must be included with each copy of the Program.
109
110Contributors may not remove or alter any copyright notices contained within the
111Program.
112
113Each Contributor must identify itself as the originator of its Contribution, if
114any, in a manner that reasonably allows subsequent Recipients to identify the
115originator of the Contribution.
116
1174. COMMERCIAL DISTRIBUTION
118
119Commercial distributors of software may accept certain responsibilities with
120respect to end users, business partners and the like. While this license is
121intended to facilitate the commercial use of the Program, the Contributor who
122includes the Program in a commercial product offering should do so in a manner
123which does not create potential liability for other Contributors. Therefore, if
124a Contributor includes the Program in a commercial product offering, such
125Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
126every other Contributor ("Indemnified Contributor") against any losses, damages
127and costs (collectively "Losses") arising from claims, lawsuits and other legal
128actions brought by a third party against the Indemnified Contributor to the
129extent caused by the acts or omissions of such Commercial Contributor in
130connection with its distribution of the Program in a commercial product
131offering. The obligations in this section do not apply to any claims or Losses
132relating to any actual or alleged intellectual property infringement. In order
133to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
134Contributor in writing of such claim, and b) allow the Commercial Contributor to
135control, and cooperate with the Commercial Contributor in, the defense and any
136related settlement negotiations. The Indemnified Contributor may participate in
137any such claim at its own expense.
138
139For example, a Contributor might include the Program in a commercial product
140offering, Product X. That Contributor is then a Commercial Contributor. If that
141Commercial Contributor then makes performance claims, or offers warranties
142related to Product X, those performance claims and warranties are such
143Commercial Contributor's responsibility alone. Under this section, the
144Commercial Contributor would have to defend claims against the other
145Contributors related to those performance claims and warranties, and if a court
146requires any other Contributor to pay any damages as a result, the Commercial
147Contributor must pay those damages.
148
1495. NO WARRANTY
150
151EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
152"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
153IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
154NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
155Recipient is solely responsible for determining the appropriateness of using and
156distributing the Program and assumes all risks associated with its exercise of
157rights under this Agreement, including but not limited to the risks and costs of
158program errors, compliance with applicable laws, damage to or loss of data,
159programs or equipment, and unavailability or interruption of operations.
160
1616. DISCLAIMER OF LIABILITY
162
163EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
164CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
165SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
166PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
167STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
168OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
169GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
170
1717. GENERAL
172
173If any provision of this Agreement is invalid or unenforceable under applicable
174law, it shall not affect the validity or enforceability of the remainder of the
175terms of this Agreement, and without further action by the parties hereto, such
176provision shall be reformed to the minimum extent necessary to make such
177provision valid and enforceable.
178
179If Recipient institutes patent litigation against a Contributor with respect to
180a patent applicable to software (including a cross-claim or counterclaim in a
181lawsuit), then any patent licenses granted by that Contributor to such Recipient
182under this Agreement shall terminate as of the date such litigation is filed. In
183addition, if Recipient institutes patent litigation against any entity
184(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
185itself (excluding combinations of the Program with other software or hardware)
186infringes such Recipient's patent(s), then such Recipient's rights granted under
187Section 2(b) shall terminate as of the date such litigation is filed.
188
189All Recipient's rights under this Agreement shall terminate if it fails to
190comply with any of the material terms or conditions of this Agreement and does
191not cure such failure in a reasonable period of time after becoming aware of
192such noncompliance. If all Recipient's rights under this Agreement terminate,
193Recipient agrees to cease use and distribution of the Program as soon as
194reasonably practicable. However, Recipient's obligations under this Agreement
195and any licenses granted by Recipient relating to the Program shall continue and
196survive.
197
198Everyone is permitted to copy and distribute copies of this Agreement, but in
199order to avoid inconsistency the Agreement is copyrighted and may only be
200modified in the following manner. The Agreement Steward reserves the right to
201publish new versions (including revisions) of this Agreement from time to time.
202No one other than the Agreement Steward has the right to modify this Agreement.
203IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
204as the Agreement Steward to a suitable separate entity. Each new version of the
205Agreement will be given a distinguishing version number. The Program (including
206Contributions) may always be distributed subject to the version of the Agreement
207under which it was received. In addition, after a new version of the Agreement
208is published, Contributor may elect to distribute the Program (including its
209Contributions) under the new version. Except as expressly stated in Sections
2102(a) and 2(b) above, Recipient receives no rights or licenses to the
211intellectual property of any Contributor under this Agreement, whether
212expressly, by implication, estoppel or otherwise. All rights in the Program not
213expressly granted under this Agreement are reserved.
214
215This Agreement is governed by the laws of the State of New York and the
216intellectual property laws of the United States of America. No party to this
217Agreement will bring a legal action under this Agreement more than one year
218after the cause of action arose. Each party waives its rights to a jury trial in
219any resulting litigation.
220
221
222
223
224
225The GNU General Public License (GPL)
226************************************
227
228Version 2, June 1991
229
230Copyright (C) 1989, 1991 Free Software Foundation, Inc.
23159 Temple Place, Suite 330, Boston, MA 02111-1307 USA
232
233Everyone is permitted to copy and distribute verbatim copies
234of this license document, but changing it is not allowed.
235
236Preamble
237
238The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.
239
240When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
241
242To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
243
244For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
245
246We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
247
248Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
249
250Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
251
252The precise terms and conditions for copying, distribution and modification follow.
253
254TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
255
2560. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
257
258Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
259
2601. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
261
262You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
263
2642. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
265
266    a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
267
268    b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
269
270    c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
271
272These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
273
274Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
275
276In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
277
2783. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
279
280    a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
281
282    b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
283
284    c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
285
286The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
287
288If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
289
2904. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
291
2925. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
293
2946. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
295
2967. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
297
298If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
299
300It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
301
302This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
303
3048. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
305
3069. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
307
308Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
309
31010. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
311
312NO WARRANTY
313
31411. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
315
31612. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
317
318END OF TERMS AND CONDITIONS
319
320How to Apply These Terms to Your New Programs
321
322If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
323
324To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.
325
326    One line to give the program's name and a brief idea of what it does.
327    Copyright (C) <year> <name of author>
328
329    This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.
330
331    This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
332
333    You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
334
335Also add information on how to contact you by electronic and paper mail.
336
337If the program is interactive, make it output a short notice like this when it starts in an interactive mode:
338
339    Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details.
340
341The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.
342
343You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:
344
345    Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker.
346
347    signature of Ty Coon, 1 April 1989
348    Ty Coon, President of Vice
349
350This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.
Note: See TracBrowser for help on using the repository browser.