source: trunk/Clp/LICENSE @ 1422

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1Common Public License Version 1.0
2
3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
4LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
5CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
6
71. DEFINITIONS
8
9"Contribution" means:
10
11    a) in the case of the initial Contributor, the initial code and
12documentation distributed under this Agreement, and
13
14    b) in the case of each subsequent Contributor:
15
16    i) changes to the Program, and
17
18    ii) additions to the Program;
19
20    where such changes and/or additions to the Program originate from and are
21distributed by that particular Contributor. A Contribution 'originates' from a
22Contributor if it was added to the Program by such Contributor itself or
23anyone acting on such Contributor's behalf. Contributions do not include
24additions to the Program which: (i) are separate modules of software
25distributed in conjunction with the Program under their own license agreement,
26and (ii) are not derivative works of the Program.
27
28"Contributor" means any person or entity that distributes the Program.
29
30"Licensed Patents " mean patent claims licensable by a Contributor which are
31necessarily infringed by the use or sale of its Contribution alone or when
32combined with the Program.
33
34"Program" means the Contributions distributed in accordance with this
35Agreement.
36
37"Recipient" means anyone who receives the Program under this Agreement,
38including all Contributors.
39
402. GRANT OF RIGHTS
41
42    a) Subject to the terms of this Agreement, each Contributor hereby grants
43Recipient a non-exclusive, worldwide, royalty-free copyright license to
44reproduce, prepare derivative works of, publicly display, publicly perform,
45distribute and sublicense the Contribution of such Contributor, if any, and
46such derivative works, in source code and object code form.
47
48    b) Subject to the terms of this Agreement, each Contributor hereby grants
49Recipient a non-exclusive, worldwide, royalty-free patent license under
50Licensed Patents to make, use, sell, offer to sell, import and otherwise
51transfer the Contribution of such Contributor, if any, in source code and
52object code form. This patent license shall apply to the combination of the
53Contribution and the Program if, at the time the Contribution is added by the
54Contributor, such addition of the Contribution causes such combination to be
55covered by the Licensed Patents. The patent license shall not apply to any
56other combinations which include the Contribution. No hardware per se is
57licensed hereunder.
58
59    c) Recipient understands that although each Contributor grants the
60licenses to its Contributions set forth herein, no assurances are provided by
61any Contributor that the Program does not infringe the patent or other
62intellectual property rights of any other entity. Each Contributor disclaims
63any liability to Recipient for claims brought by any other entity based on
64infringement of intellectual property rights or otherwise. As a condition to
65exercising the rights and licenses granted hereunder, each Recipient hereby
66assumes sole responsibility to secure any other intellectual property rights
67needed, if any. For example, if a third party patent license is required to
68allow Recipient to distribute the Program, it is Recipient's responsibility to
69acquire that license before distributing the Program.
70
71    d) Each Contributor represents that to its knowledge it has sufficient
72copyright rights in its Contribution, if any, to grant the copyright license
73set forth in this Agreement.
74
753. REQUIREMENTS
76
77A Contributor may choose to distribute the Program in object code form under
78its own license agreement, provided that:
79
80    a) it complies with the terms and conditions of this Agreement; and
81
82    b) its license agreement:
83
84    i) effectively disclaims on behalf of all Contributors all warranties and
85conditions, express and implied, including warranties or conditions of title
86and non-infringement, and implied warranties or conditions of merchantability
87and fitness for a particular purpose;
88
89    ii) effectively excludes on behalf of all Contributors all liability for
90damages, including direct, indirect, special, incidental and consequential
91damages, such as lost profits;
92
93    iii) states that any provisions which differ from this Agreement are
94offered by that Contributor alone and not by any other party; and
95
96    iv) states that source code for the Program is available from such
97Contributor, and informs licensees how to obtain it in a reasonable manner on
98or through a medium customarily used for software exchange.
99
100When the Program is made available in source code form:
101
102    a) it must be made available under this Agreement; and
103
104    b) a copy of this Agreement must be included with each copy of the
105Program.
106
107Contributors may not remove or alter any copyright notices contained within
108the Program.
109
110Each Contributor must identify itself as the originator of its Contribution,
111if any, in a manner that reasonably allows subsequent Recipients to identify
112the originator of the Contribution.
113
1144. COMMERCIAL DISTRIBUTION
115
116Commercial distributors of software may accept certain responsibilities with
117respect to end users, business partners and the like. While this license is
118intended to facilitate the commercial use of the Program, the Contributor who
119includes the Program in a commercial product offering should do so in a manner
120which does not create potential liability for other Contributors. Therefore,
121if a Contributor includes the Program in a commercial product offering, such
122Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
123every other Contributor ("Indemnified Contributor") against any losses,
124damages and costs (collectively "Losses") arising from claims, lawsuits and
125other legal actions brought by a third party against the Indemnified
126Contributor to the extent caused by the acts or omissions of such Commercial
127Contributor in connection with its distribution of the Program in a commercial
128product offering. The obligations in this section do not apply to any claims
129or Losses relating to any actual or alleged intellectual property
130infringement. In order to qualify, an Indemnified Contributor must: a)
131promptly notify the Commercial Contributor in writing of such claim, and b)
132allow the Commercial Contributor to control, and cooperate with the Commercial
133Contributor in, the defense and any related settlement negotiations. The
134Indemnified Contributor may participate in any such claim at its own expense.
135
136For example, a Contributor might include the Program in a commercial product
137offering, Product X. That Contributor is then a Commercial Contributor. If
138that Commercial Contributor then makes performance claims, or offers
139warranties related to Product X, those performance claims and warranties are
140such Commercial Contributor's responsibility alone. Under this section, the
141Commercial Contributor would have to defend claims against the other
142Contributors related to those performance claims and warranties, and if a
143court requires any other Contributor to pay any damages as a result, the
144Commercial Contributor must pay those damages.
145
1465. NO WARRANTY
147
148EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
149"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
150IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
151NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
152Recipient is solely responsible for determining the appropriateness of using
153and distributing the Program and assumes all risks associated with its
154exercise of rights under this Agreement, including but not limited to the
155risks and costs of program errors, compliance with applicable laws, damage to
156or loss of data, programs or equipment, and unavailability or interruption of
157operations.
158
1596. DISCLAIMER OF LIABILITY
160
161EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
162CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
163SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
164LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
165CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
166ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
167EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
168OF SUCH DAMAGES.
169
1707. GENERAL
171
172If any provision of this Agreement is invalid or unenforceable under
173applicable law, it shall not affect the validity or enforceability of the
174remainder of the terms of this Agreement, and without further action by the
175parties hereto, such provision shall be reformed to the minimum extent
176necessary to make such provision valid and enforceable.
177
178If Recipient institutes patent litigation against a Contributor with respect
179to a patent applicable to software (including a cross-claim or counterclaim in
180a lawsuit), then any patent licenses granted by that Contributor to such
181Recipient under this Agreement shall terminate as of the date such litigation
182is filed. In addition, if Recipient institutes patent litigation against any
183entity (including a cross-claim or counterclaim in a lawsuit) alleging that
184the Program itself (excluding combinations of the Program with other software
185or hardware) infringes such Recipient's patent(s), then such Recipient's
186rights granted under Section 2(b) shall terminate as of the date such
187litigation 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
196and survive.
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
202time. No one other than the Agreement Steward has the right to modify this
203Agreement. IBM is the initial Agreement Steward. IBM may assign the
204responsibility to serve as the Agreement Steward to a suitable separate
205entity. Each new version of the Agreement will be given a distinguishing
206version number. The Program (including Contributions) may always be
207distributed subject to the version of the Agreement under which it was
208received. In addition, after a new version of the Agreement is published,
209Contributor may elect to distribute the Program (including its Contributions)
210under the new version. Except as expressly stated in Sections 2(a) and 2(b)
211above, Recipient receives no rights or licenses to the intellectual property
212of any Contributor under this Agreement, whether expressly, by implication,
213estoppel or otherwise. All rights in the Program not expressly granted under
214this Agreement are reserved.
215
216This Agreement is governed by the laws of the State of New York and the
217intellectual property laws of the United States of America. No party to this
218Agreement will bring a legal action under this Agreement more than one year
219after the cause of action arose. Each party waives its rights to a jury trial
220in any resulting litigation.
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