Changeset 531 for trunk/COPYING


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Timestamp:
Sep 30, 2006 1:26:41 AM (14 years ago)
Author:
bradbell
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trunk: Missing from previous commit.

SvnCommit?.sh: file that make this commit.
Build: link to Build.sh.
COPYING: CPL version of file.

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  • trunk/COPYING

    r263 r531  
    1 /* -----------------------------------------------------------------------
     1/* --------------------------------------------------------------------------
    22CppAD: C++ Algorithmic Differentiation: Copyright (C) 2003-06 Bradley M. Bell
    33
    4 This program is free software; you can redistribute it and/or
    5 modify it under the terms of the GNU General Public License
    6 as published by the Free Software Foundation; either version 2
    7 of the License, or (at your option) any later version.
    8 
    9 This program is distributed in the hope that it will be useful,
    10 but WITHOUT ANY WARRANTY; without even the implied warranty of
    11 MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
    12 GNU General Public License for more details.
    13 
    14 You should have received a copy of the GNU General Public License
    15 along with this program; if not, write to the Free Software
    16 Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA  02111-1307, USA.
    17 ------------------------------------------------------------------------ */
     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.
     17
     181. DEFINITIONS
     19
     20"Contribution" means:
     21
     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:
     26
     27    i) changes to the Program, and
     28
     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.
     38
     39"Contributor" means any person or entity that distributes the Program.
     40
     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
     43combined with the Program.
     44
     45"Program" means the Contributions distributed in accordance with this Agreement.
     46
     47"Recipient" means anyone who receives the Program under this Agreement,
     48including all Contributors.
     49
     502. GRANT OF RIGHTS
     51
     52    a) Subject to the terms of this Agreement, each Contributor hereby grants
     53Recipient a non-exclusive, worldwide, royalty-free copyright license to
     54reproduce, prepare derivative works of, publicly display, publicly perform,
     55distribute and sublicense the Contribution of such Contributor, if any, and such
     56derivative works, in source code and object code form.
     57
     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.
     67
     68    c) Recipient understands that although each Contributor grants the licenses
     69to its Contributions set forth herein, no assurances are provided by any
     70Contributor that the Program does not infringe the patent or other intellectual
     71property rights of any other entity. Each Contributor disclaims any liability to
     72Recipient for claims brought by any other entity based on infringement of
     73intellectual property rights or otherwise. As a condition to exercising the
     74rights and licenses granted hereunder, each Recipient hereby assumes sole
     75responsibility to secure any other intellectual property rights needed, if any.
     76For example, if a third party patent license is required to allow Recipient to
     77distribute the Program, it is Recipient's responsibility to acquire that license
     78before distributing the Program.
     79
     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
     82forth in this Agreement.
     83
     843. REQUIREMENTS
     85
     86A Contributor may choose to distribute the Program in object code form under its
     87own license agreement, provided that:
     88
     89    a) it complies with the terms and conditions of this Agreement; and
     90
     91    b) its license agreement:
     92
     93    i) effectively disclaims on behalf of all Contributors all warranties and
     94conditions, express and implied, including warranties or conditions of title and
     95non-infringement, and implied warranties or conditions of merchantability and
     96fitness for a particular purpose;
     97
     98    ii) effectively excludes on behalf of all Contributors all liability for
     99damages, including direct, indirect, special, incidental and consequential
     100damages, such as lost profits;
     101
     102    iii) states that any provisions which differ from this Agreement are offered
     103by that Contributor alone and not by any other party; and
     104
     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.
     108
     109When the Program is made available in source code form:
     110
     111    a) it must be made available under this Agreement; and
     112
     113    b) a copy of this Agreement must be included with each copy of the Program.
     114
     115Contributors may not remove or alter any copyright notices contained within the
     116Program.
     117
     118Each Contributor must identify itself as the originator of its Contribution, if
     119any, in a manner that reasonably allows subsequent Recipients to identify the
     120originator of the Contribution.
     121
     1224. COMMERCIAL DISTRIBUTION
     123
     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
     130Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
     131every other Contributor ("Indemnified Contributor") against any losses, damages
     132and costs (collectively "Losses") arising from claims, lawsuits and other legal
     133actions brought by a third party against the Indemnified Contributor to the
     134extent caused by the acts or omissions of such Commercial Contributor in
     135connection with its distribution of the Program in a commercial product
     136offering. The obligations in this section do not apply to any claims or Losses
     137relating to any actual or alleged intellectual property infringement. In order
     138to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
     139Contributor in writing of such claim, and b) allow the Commercial Contributor to
     140control, and cooperate with the Commercial Contributor in, the defense and any
     141related settlement negotiations. The Indemnified Contributor may participate in
     142any such claim at its own expense.
     143
     144For example, a Contributor might include the Program in a commercial product
     145offering, Product X. That Contributor is then a Commercial Contributor. If that
     146Commercial Contributor then makes performance claims, or offers warranties
     147related to Product X, those performance claims and warranties are such
     148Commercial Contributor's responsibility alone. Under this section, the
     149Commercial Contributor would have to defend claims against the other
     150Contributors related to those performance claims and warranties, and if a court
     151requires any other Contributor to pay any damages as a result, the Commercial
     152Contributor must pay those damages.
     153
     1545. NO WARRANTY
     155
     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,
     159NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
     160Recipient is solely responsible for determining the appropriateness of using and
     161distributing the Program and assumes all risks associated with its exercise of
     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,
     164programs or equipment, and unavailability or interruption of operations.
     165
     1666. DISCLAIMER OF LIABILITY
     167
     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
     171PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
     172STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
     173OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
     174GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
     175
     1767. GENERAL
     177
     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
     182provision valid and enforceable.
     183
     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.
     193
     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
     197such noncompliance. If all Recipient's rights under this Agreement terminate,
     198Recipient agrees to cease use and distribution of the Program as soon as
     199reasonably practicable. However, Recipient's obligations under this Agreement
     200and any licenses granted by Recipient relating to the Program shall continue and
     201survive.
     202
     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
     205modified in the following manner. The Agreement Steward reserves the right to
     206publish new versions (including revisions) of this Agreement from time to time.
     207No one other than the Agreement Steward has the right to modify this Agreement.
     208IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
     209as the Agreement Steward to a suitable separate entity. Each new version of the
     210Agreement will be given a distinguishing version number. The Program (including
     211Contributions) may always be distributed subject to the version of the Agreement
     212under which it was received. In addition, after a new version of the Agreement
     213is published, Contributor may elect to distribute the Program (including its
     214Contributions) under the new version. Except as expressly stated in Sections
     2152(a) and 2(b) above, Recipient receives no rights or licenses to the
     216intellectual property of any Contributor under this Agreement, whether
     217expressly, by implication, estoppel or otherwise. All rights in the Program not
     218expressly granted under this Agreement are reserved.
     219
     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
     222Agreement will bring a legal action under this Agreement more than one year
     223after the cause of action arose. Each party waives its rights to a jury trial in
     224any resulting litigation.
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