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author | Chris White <chriswhite@gentoo.org> | 2005-11-30 09:43:33 +0000 |
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committer | Chris White <chriswhite@gentoo.org> | 2005-11-30 09:43:33 +0000 |
commit | eb4069577224294672b2d937d68b87796b845e09 (patch) | |
tree | f28bb88b1f31741e13076e0be6225473f80131bb | |
parent | *** empty log message *** (diff) | |
download | historical-eb4069577224294672b2d937d68b87796b845e09.tar.gz historical-eb4069577224294672b2d937d68b87796b845e09.tar.bz2 historical-eb4069577224294672b2d937d68b87796b845e09.zip |
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diff --git a/licenses/IBM b/licenses/IBM new file mode 100644 index 000000000000..36b9d40adbf8 --- /dev/null +++ b/licenses/IBM @@ -0,0 +1,222 @@ +IBM Public License Version 1.0 + +THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC +LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM +CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. + +1. DEFINITIONS + +"Contribution" means: + +a) in the case of International Business Machines Corporation ("IBM"), + the Original Program, and + +b) in the case of each Contributor, + +i) changes to the Program, and + +ii) additions to the Program; + +where 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 added 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 modules of +software distributed in conjunction with the Program under their own +license agreement, and (ii) are not derivative works of the Program. + +"Contributor" means IBM and any other entity that distributes the Program. + +"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 Program. + +"Original Program" means the original version of the software accompanying +this Agreement as released by IBM, including source code, object code and +documentation, if any. + +"Program" means the Original Program and Contributions. + +"Recipient" means anyone who receives the Program under this Agreement, +including all Contributors. + +2. GRANT OF RIGHTS + +a) Subject to the terms of this Agreement, each Contributor hereby grants + Recipient a non-exclusive, worldwide, royalty-free copyright license to + reproduce, prepare derivative works of, publicly display, publicly + perform, distribute and sublicense the Contribution of such Contributor, + if any, and such derivative works, in source code and object code form. + +b) 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, use, 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 the 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 be 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. + +c) Recipient understands that although each Contributor grants the licenses + to its Contributions set forth herein, no assurances are provided by any + Contributor that the Program 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 any other + entity based on infringement of intellectual property rights or + otherwise. As a condition to exercising the rights and licenses granted + hereunder, each Recipient hereby 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 Recipient to distribute + the Program, it is Recipient's responsibility to acquire that license + before distributing the Program. + +d) 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 Agreement. + +3. REQUIREMENTS + +A Contributor may choose to distribute the Program in object code form +under its own license agreement, provided that: + +a) it complies with the terms and conditions of this Agreement; and + +b) its license agreement: + +i) effectively disclaims on behalf of all Contributors all warranties and + conditions, express and implied, including warranties or conditions of + title and non-infringement, and implied warranties or conditions of + merchantability and fitness for a particular purpose; + +ii) effectively excludes on behalf of all Contributors all liability for + damages, including direct, indirect, special, incidental and + consequential damages, such as lost profits; + +iii) states that any provisions which differ from this Agreement are + offered by that Contributor alone and not by any other party; and + +iv) 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 customarily used for software exchange. + +When the Program is made available in source code form: + +a) it must be made available under this Agreement; and + +b) a copy of this Agreement must be included with each copy of the Program. + +Each Contributor must include the following in a conspicuous location in +the Program: + +Copyright © {date here}, International Business Machines Corporation and +others. All Rights Reserved. + +In addition, each 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 the Contribution. + +4. COMMERCIAL DISTRIBUTION + +Commercial distributors of software may accept certain responsibilities +with respect to end users, business partners and the like. While this +license is intended to facilitate 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 potential liability for +other Contributors. Therefore, if a Contributor includes the Program in a +commercial product offering, such Contributor ("Commercial Contributor") +hereby agrees to defend and indemnify every other Contributor ("Indemnified +Contributor") against any losses, damages and costs (collectively "Losses") +arising from claims, lawsuits 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 connection 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 or alleged intellectual property infringement. In order to +qualify, an Indemnified Contributor must: a) promptly notify the Commercial +Contributor in writing of such claim, and b) allow the Commercial +Contributor to control, and cooperate with the Commercial Contributor in, +the defense and any related settlement negotiations. The Indemnified +Contributor may participate in any such claim at its own expense. + +For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance claims, +or offers warranties related to Product X, those performance claims and +warranties are such Commercial Contributor's responsibility alone. 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 court requires any other Contributor to pay any +damages as a result, the Commercial Contributor must pay those damages. + +5. NO WARRANTY + +EXCEPT 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 INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR +CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A +PARTICULAR PURPOSE. Each Recipient is solely responsible for determining +the appropriateness of using and distributing the Program and assumes all +risks associated with its exercise of rights under this Agreement, +including 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 interruption of operations. + +6. DISCLAIMER OF LIABILITY + +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY +CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, +SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION +LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN +CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE 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 OF SUCH DAMAGES. + +7. GENERAL + +If 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 Agreement, 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. + +If Recipient institutes patent litigation against a Contributor with +respect to a patent applicable to software (including a cross-claim or +counterclaim in a lawsuit), then any patent licenses granted by that +Contributor to such Recipient under this Agreement shall terminate as of +the date such litigation is filed. In addition, If Recipient institutes +patent litigation against any entity (including a cross-claim or +counterclaim in a lawsuit) alleging that the Program itself (excluding +combinations of 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 such litigation is filed. + +All 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 failure 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 distribution of the Program as +soon as reasonably practicable. However, Recipient's obligations under this +Agreement and any licenses granted by Recipient relating to the Program +shall continue and survive. + +IBM may publish new versions (including revisions) of this Agreement from +time to time. Each new version of the Agreement will be given a +distinguishing version number. The Program (including Contributions) may +always 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 elect to distribute the Program (including its +Contributions) under the new version. No one other than IBM has the right +to modify this Agreement. Except as expressly stated in Sections 2(a) and +2(b) above, Recipient receives no rights or licenses to the intellectual +property of any Contributor under this Agreement, whether expressly, by +implication, estoppel or otherwise. All rights in the Program not expressly +granted under this Agreement are reserved. + +This 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 legal 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. |