source: trunk/COPYING @ 1360

Last change on this file since 1360 was 1360, checked in by bradbell, 11 years ago

should update COPYING file once each year

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1/* --------------------------------------------------------------------------
2CppAD: C++ Algorithmic Differentiation: Copyright (C) 2003-09 Bradley M. Bell
3
4CppAD is distributed under multiple licenses. This distribution is under
5the terms of the
6                    Common Public License Version 1.0.
7
8A copy of this license is included in the COPYING file of this distribution.
9Please visit http://www.coin-or.org/CppAD/ for information on other licenses.
10-------------------------------------------------------------------------- */
11
12Common Public License Version 1.0
13
14THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
15LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
16CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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181. DEFINITIONS
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20"Contribution" means:
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22    a) in the case of the initial Contributor, the initial code and
23documentation distributed under this Agreement, and
24
25    b) in the case of each subsequent Contributor:
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27    i) changes to the Program, and
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29    ii) additions to the Program;
30
31    where such changes and/or additions to the Program originate from and are
32distributed by that particular Contributor. A Contribution 'originates' from a
33Contributor if it was added to the Program by such Contributor itself or anyone
34acting on such Contributor's behalf. Contributions do not include additions to
35the Program which: (i) are separate modules of software distributed in
36conjunction with the Program under their own license agreement, and (ii) are not
37derivative works of the Program.
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39"Contributor" means any person or entity that distributes the Program.
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41"Licensed Patents " mean patent claims licensable by a Contributor which are
42necessarily infringed by the use or sale of its Contribution alone or when
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45"Program" means the Contributions distributed in accordance with this Agreement.
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47"Recipient" means anyone who receives the Program under this Agreement,
48including all Contributors.
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502. GRANT OF RIGHTS
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52    a) Subject to the terms of this Agreement, each Contributor hereby grants
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56derivative works, in source code and object code form.
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58    b) Subject to the terms of this Agreement, each Contributor hereby grants
59Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
60Patents to make, use, sell, offer to sell, import and otherwise transfer the
61Contribution of such Contributor, if any, in source code and object code form.
62This patent license shall apply to the combination of the Contribution and the
63Program if, at the time the Contribution is added by the Contributor, such
64addition of the Contribution causes such combination to be covered by the
65Licensed Patents. The patent license shall not apply to any other combinations
66which include the Contribution. No hardware per se is licensed hereunder.
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68    c) Recipient understands that although each Contributor grants the licenses
69to its Contributions set forth herein, no assurances are provided by any
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76For example, if a third party patent license is required to allow Recipient to
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80    d) Each Contributor represents that to its knowledge it has sufficient
81copyright rights in its Contribution, if any, to grant the copyright license set
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843. REQUIREMENTS
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86A Contributor may choose to distribute the Program in object code form under its
87own license agreement, provided that:
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89    a) it complies with the terms and conditions of this Agreement; and
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91    b) its license agreement:
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102    iii) states that any provisions which differ from this Agreement are offered
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105    iv) states that source code for the Program is available from such
106Contributor, and informs licensees how to obtain it in a reasonable manner on or
107through a medium customarily used for software exchange.
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109When the Program is made available in source code form:
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111    a) it must be made available under this Agreement; and
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113    b) a copy of this Agreement must be included with each copy of the Program.
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115Contributors may not remove or alter any copyright notices contained within the
116Program.
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118Each Contributor must identify itself as the originator of its Contribution, if
119any, in a manner that reasonably allows subsequent Recipients to identify the
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1224. COMMERCIAL DISTRIBUTION
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124Commercial distributors of software may accept certain responsibilities with
125respect to end users, business partners and the like. While this license is
126intended to facilitate the commercial use of the Program, the Contributor who
127includes the Program in a commercial product offering should do so in a manner
128which does not create potential liability for other Contributors. Therefore, if
129a Contributor includes the Program in a commercial product offering, such
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140control, and cooperate with the Commercial Contributor in, the defense and any
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142any such claim at its own expense.
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144For example, a Contributor might include the Program in a commercial product
145offering, Product X. That Contributor is then a Commercial Contributor. If that
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149Commercial Contributor would have to defend claims against the other
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151requires any other Contributor to pay any damages as a result, the Commercial
152Contributor must pay those damages.
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1545. NO WARRANTY
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156EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
157"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
158IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
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162rights under this Agreement, including but not limited to the risks and costs of
163program errors, compliance with applicable laws, damage to or loss of data,
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1666. DISCLAIMER OF LIABILITY
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168EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
169CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
170SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
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1767. GENERAL
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178If any provision of this Agreement is invalid or unenforceable under applicable
179law, it shall not affect the validity or enforceability of the remainder of the
180terms of this Agreement, and without further action by the parties hereto, such
181provision shall be reformed to the minimum extent necessary to make such
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184If Recipient institutes patent litigation against a Contributor with respect to
185a patent applicable to software (including a cross-claim or counterclaim in a
186lawsuit), then any patent licenses granted by that Contributor to such Recipient
187under this Agreement shall terminate as of the date such litigation is filed. In
188addition, if Recipient institutes patent litigation against any entity
189(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
190itself (excluding combinations of the Program with other software or hardware)
191infringes such Recipient's patent(s), then such Recipient's rights granted under
192Section 2(b) shall terminate as of the date such litigation is filed.
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194All Recipient's rights under this Agreement shall terminate if it fails to
195comply with any of the material terms or conditions of this Agreement and does
196not cure such failure in a reasonable period of time after becoming aware of
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198Recipient agrees to cease use and distribution of the Program as soon as
199reasonably practicable. However, Recipient's obligations under this Agreement
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203Everyone is permitted to copy and distribute copies of this Agreement, but in
204order to avoid inconsistency the Agreement is copyrighted and may only be
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208IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
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212under which it was received. In addition, after a new version of the Agreement
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2152(a) and 2(b) above, Recipient receives no rights or licenses to the
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218expressly granted under this Agreement are reserved.
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220This Agreement is governed by the laws of the State of New York and the
221intellectual property laws of the United States of America. No party to this
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223after the cause of action arose. Each party waives its rights to a jury trial in
224any resulting litigation.
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