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vmmagic is free, open source software, distributed and freely
redistributable under the Common Public License (CPL). The CPL has
been certified by the Open Source Initiative as an open source
license. The CPL meets the Debian Free Software Guidelines.
-------- The following is the legal text of the Common Public License ---------
Common Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
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 the initial Contributor, the initial code and
documentation distributed under this Agreement, and
b) in the case of each subsequent 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 any person or 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.
"Program" means the Contributions distributed in accordance with
this Agreement.
"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.
Contributors may not remove or alter any copyright notices
contained within the Program.
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.
Everyone 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 following 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 Steward has the right to modify this
Agreement. IBM is the initial Agreement Steward. IBM may assign
the responsibility to serve as the Agreement Steward to a suitable
separate entity. 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. 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.