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[Parakeet-commits] SF.net SVN: parakeet: [9] trunk/LICENSE
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From: <cap...@us...> - 2006-12-07 17:12:27
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Revision: 9
http://svn.sourceforge.net/parakeet/?rev=9&view=rev
Author: captain5050
Date: 2006-12-07 09:12:25 -0800 (Thu, 07 Dec 2006)
Log Message:
-----------
CPL 1.0 License File
Added Paths:
-----------
trunk/LICENSE
Added: trunk/LICENSE
===================================================================
--- trunk/LICENSE (rev 0)
+++ trunk/LICENSE 2006-12-07 17:12:25 UTC (rev 9)
@@ -0,0 +1,247 @@
+ 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.
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