Changeset 489


Ignore:
Timestamp:
Jan 10, 2011 12:20:19 PM (9 years ago)
Author:
pbelotti
Message:

CPL -> EPL, part II

Location:
trunk/Couenne
Files:
3 edited

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  • trunk/Couenne/LICENSE

    r1 r489  
    1 Common Public License Version 1.0
     1Eclipse Public License - v 1.0
    22
    3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
    4 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
    5 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
     3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
     4RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
    65
    761. DEFINITIONS
     
    98"Contribution" means:
    109
    11     a) in the case of the initial Contributor, the initial code and
    12 documentation distributed under this Agreement, and
     10a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
    1311
    14     b) in the case of each subsequent Contributor:
     12b) in the case of each subsequent Contributor:
    1513
    16     i) changes to the Program, and
     14i) changes to the Program, and
    1715
    18     ii) additions to the Program;
     16ii) additions to the Program;
    1917
    20     where such changes and/or additions to the Program originate from and are
    21 distributed by that particular Contributor. A Contribution 'originates' from a
    22 Contributor if it was added to the Program by such Contributor itself or anyone
    23 acting on such Contributor's behalf. Contributions do not include additions to
    24 the Program which: (i) are separate modules of software distributed in
    25 conjunction with the Program under their own license agreement, and (ii) are not
    26 derivative works of the Program.
     18where 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
     19added 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
     20modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
    2721
    2822"Contributor" means any person or entity that distributes the Program.
    2923
    30 "Licensed Patents " mean patent claims licensable by a Contributor which are
    31 necessarily infringed by the use or sale of its Contribution alone or when
    32 combined with the Program.
     24"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
     25Program.
    3326
    3427"Program" means the Contributions distributed in accordance with this Agreement.
    3528
    36 "Recipient" means anyone who receives the Program under this Agreement,
    37 including all Contributors.
     29"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
    3830
    39312. GRANT OF RIGHTS
    4032
    41     a) Subject to the terms of this Agreement, each Contributor hereby grants
    42 Recipient a non-exclusive, worldwide, royalty-free copyright license to
    43 reproduce, prepare derivative works of, publicly display, publicly perform,
    44 distribute and sublicense the Contribution of such Contributor, if any, and such
    45 derivative works, in source code and object code form.
     33a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare
     34derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and
     35object code form.
    4636
    47     b) Subject to the terms of this Agreement, each Contributor hereby grants
    48 Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
    49 Patents to make, use, sell, offer to sell, import and otherwise transfer the
    50 Contribution of such Contributor, if any, in source code and object code form.
    51 This patent license shall apply to the combination of the Contribution and the
    52 Program if, at the time the Contribution is added by the Contributor, such
    53 addition of the Contribution causes such combination to be covered by the
    54 Licensed Patents. The patent license shall not apply to any other combinations
    55 which include the Contribution. No hardware per se is licensed hereunder.
     37b) 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,
     38use, 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
     39the 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
     40be 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.
    5641
    57     c) Recipient understands that although each Contributor grants the licenses
    58 to its Contributions set forth herein, no assurances are provided by any
    59 Contributor that the Program does not infringe the patent or other intellectual
    60 property rights of any other entity. Each Contributor disclaims any liability to
    61 Recipient for claims brought by any other entity based on infringement of
    62 intellectual property rights or otherwise. As a condition to exercising the
    63 rights and licenses granted hereunder, each Recipient hereby assumes sole
    64 responsibility to secure any other intellectual property rights needed, if any.
    65 For example, if a third party patent license is required to allow Recipient to
    66 distribute the Program, it is Recipient's responsibility to acquire that license
    67 before distributing the Program.
     42c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the
     43Program 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
     44any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient
     45hereby 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
     46Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
    6847
    69     d) Each Contributor represents that to its knowledge it has sufficient
    70 copyright rights in its Contribution, if any, to grant the copyright license set
    71 forth in this Agreement.
     48d) 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
     49Agreement.
    7250
    73513. REQUIREMENTS
    7452
    75 A Contributor may choose to distribute the Program in object code form under its
    76 own license agreement, provided that:
     53A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
    7754
    78     a) it complies with the terms and conditions of this Agreement; and
     55a) it complies with the terms and conditions of this Agreement; and
    7956
    80     b) its license agreement:
     57b) its license agreement:
    8158
    82     i) effectively disclaims on behalf of all Contributors all warranties and
    83 conditions, express and implied, including warranties or conditions of title and
    84 non-infringement, and implied warranties or conditions of merchantability and
    85 fitness for a particular purpose;
     59i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement,
     60and implied warranties or conditions of merchantability and fitness for a particular purpose;
    8661
    87     ii) effectively excludes on behalf of all Contributors all liability for
    88 damages, including direct, indirect, special, incidental and consequential
    89 damages, such as lost profits;
     62ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost
     63profits;
    9064
    91     iii) states that any provisions which differ from this Agreement are offered
    92 by that Contributor alone and not by any other party; and
     65iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
    9366
    94     iv) states that source code for the Program is available from such
    95 Contributor, and informs licensees how to obtain it in a reasonable manner on or
    96 through a medium customarily used for software exchange.
     67iv) 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
     68customarily used for software exchange.
    9769
    9870When the Program is made available in source code form:
    9971
    100     a) it must be made available under this Agreement; and
     72a) it must be made available under this Agreement; and
    10173
    102     b) a copy of this Agreement must be included with each copy of the Program.
     74b) a copy of this Agreement must be included with each copy of the Program.
    10375
    104 Contributors may not remove or alter any copyright notices contained within the
    105 Program.
     76Contributors may not remove or alter any copyright notices contained within the Program.
    10677
    107 Each Contributor must identify itself as the originator of its Contribution, if
    108 any, in a manner that reasonably allows subsequent Recipients to identify the
    109 originator of the Contribution.
     78Each 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
     79the Contribution.
    11080
    111814. COMMERCIAL DISTRIBUTION
    11282
    113 Commercial distributors of software may accept certain responsibilities with
    114 respect to end users, business partners and the like. While this license is
    115 intended to facilitate the commercial use of the Program, the Contributor who
    116 includes the Program in a commercial product offering should do so in a manner
    117 which does not create potential liability for other Contributors. Therefore, if
    118 a Contributor includes the Program in a commercial product offering, such
    119 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
    120 every other Contributor ("Indemnified Contributor") against any losses, damages
    121 and costs (collectively "Losses") arising from claims, lawsuits and other legal
    122 actions brought by a third party against the Indemnified Contributor to the
    123 extent caused by the acts or omissions of such Commercial Contributor in
    124 connection with its distribution of the Program in a commercial product
    125 offering. The obligations in this section do not apply to any claims or Losses
    126 relating to any actual or alleged intellectual property infringement. In order
    127 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
    128 Contributor in writing of such claim, and b) allow the Commercial Contributor to
    129 control, and cooperate with the Commercial Contributor in, the defense and any
    130 related settlement negotiations. The Indemnified Contributor may participate in
    131 any such claim at its own expense.
     83Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to
     84facilitate 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
     85potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor")
     86hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims,
     87lawsuits 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
     88connection 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
     89or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim,
     90and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified
     91Contributor may participate in any such claim at its own expense.
    13292
    133 For example, a Contributor might include the Program in a commercial product
    134 offering, Product X. That Contributor is then a Commercial Contributor. If that
    135 Commercial Contributor then makes performance claims, or offers warranties
    136 related to Product X, those performance claims and warranties are such
    137 Commercial Contributor's responsibility alone. Under this section, the
    138 Commercial Contributor would have to defend claims against the other
    139 Contributors related to those performance claims and warranties, and if a court
    140 requires any other Contributor to pay any damages as a result, the Commercial
    141 Contributor must pay those damages.
     93For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial
     94Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility
     95alone. 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
     96court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
    14297
    143985. NO WARRANTY
    14499
    145 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
    146 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
    147 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
    148 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
    149 Recipient is solely responsible for determining the appropriateness of using and
    150 distributing the Program and assumes all risks associated with its exercise of
    151 rights under this Agreement, including but not limited to the risks and costs of
    152 program errors, compliance with applicable laws, damage to or loss of data,
    153 programs or equipment, and unavailability or interruption of operations.
     100EXCEPT 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
     101INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
     102responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement ,
     103including 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
     104interruption of operations.
    154105
    1551066. DISCLAIMER OF LIABILITY
    156107
    157 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
    158 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
    159 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
    160 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
    161 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
    162 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
    163 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
     108EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
     109CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
     110NEGLIGENCE 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
     111OF SUCH DAMAGES.
    164112
    1651137. GENERAL
    166114
    167 If any provision of this Agreement is invalid or unenforceable under applicable
    168 law, it shall not affect the validity or enforceability of the remainder of the
    169 terms of this Agreement, and without further action by the parties hereto, such
    170 provision shall be reformed to the minimum extent necessary to make such
    171 provision valid and enforceable.
     115If 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
     116Agreement, 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.
    172117
    173 If Recipient institutes patent litigation against a Contributor with respect to
    174 a patent applicable to software (including a cross-claim or counterclaim in a
    175 lawsuit), then any patent licenses granted by that Contributor to such Recipient
    176 under this Agreement shall terminate as of the date such litigation is filed. In
    177 addition, if Recipient institutes patent litigation against any entity
    178 (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
    179 itself (excluding combinations of the Program with other software or hardware)
    180 infringes such Recipient's patent(s), then such Recipient's rights granted under
    181 Section 2(b) shall terminate as of the date such litigation is filed.
     118If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations
     119of 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
     120such litigation is filed.
    182121
    183 All Recipient's rights under this Agreement shall terminate if it fails to
    184 comply with any of the material terms or conditions of this Agreement and does
    185 not cure such failure in a reasonable period of time after becoming aware of
    186 such noncompliance. If all Recipient's rights under this Agreement terminate,
    187 Recipient agrees to cease use and distribution of the Program as soon as
    188 reasonably practicable. However, Recipient's obligations under this Agreement
    189 and any licenses granted by Recipient relating to the Program shall continue and
    190 survive.
     122All 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
     123failure 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
     124distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the
     125Program shall continue and survive.
    191126
    192 Everyone is permitted to copy and distribute copies of this Agreement, but in
    193 order to avoid inconsistency the Agreement is copyrighted and may only be
    194 modified in the following manner. The Agreement Steward reserves the right to
    195 publish new versions (including revisions) of this Agreement from time to time.
    196 No one other than the Agreement Steward has the right to modify this Agreement.
    197 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
    198 as the Agreement Steward to a suitable separate entity. Each new version of the
    199 Agreement will be given a distinguishing version number. The Program (including
    200 Contributions) may always be distributed subject to the version of the Agreement
    201 under which it was received. In addition, after a new version of the Agreement
    202 is published, Contributor may elect to distribute the Program (including its
    203 Contributions) under the new version. Except as expressly stated in Sections
    204 2(a) and 2(b) above, Recipient receives no rights or licenses to the
    205 intellectual property of any Contributor under this Agreement, whether
    206 expressly, by implication, estoppel or otherwise. All rights in the Program not
     127Everyone 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
     128following 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
     129Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the
     130Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may
     131always 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
     132elect 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
     133or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not
    207134expressly granted under this Agreement are reserved.
    208135
    209 This Agreement is governed by the laws of the State of New York and the
    210 intellectual property laws of the United States of America. No party to this
    211 Agreement will bring a legal action under this Agreement more than one year
    212 after the cause of action arose. Each party waives its rights to a jury trial in
    213 any resulting litigation.
     136This 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
     137legal 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.
  • trunk/Couenne/README

    r1 r489  
    3737External resources:
    3838- Coin-OR (http://www.coin-or.org),
    39 - Common Public License (http://www.opensource.org/licenses/cpl.php)
     39- Eclipse Public License (http://www.eclipse.org/legal/epl-v10.html)
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