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Contents of /licenses/CPL-0.5

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Missing licenses

1
2 Common Public License Version 0.5
3
4 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
5 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
6 THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
7
8 1. DEFINITIONS
9
10 "Contribution" means:
11
12 a) in the case of the initial Contributor, the initial code and
13 documentation distributed under this Agreement, and
14
15 b) in the case of each subsequent Contributor:
16
17 i) changes to the Program, and
18
19 ii) additions to the Program;
20
21 where such changes and/or additions to the Program originate from
22 and are distributed by that particular Contributor. A Contribution
23 'originates' from a Contributor if it was added to the Program by
24 such Contributor itself or anyone acting on such Contributor's
25 behalf. Contributions do not include additions to the Program
26 which: (i) are separate modules of software distributed in
27 conjunction with the Program under their own license agreement, and
28 (ii) are not derivative works of the Program.
29
30 "Contributor" means any person or entity that distributes the Program.
31
32 "Licensed Patents " mean patent claims licensable by a Contributor
33 which are necessarily infringed by the use or sale of its Contribution
34 alone or when combined with the Program.
35
36 "Program" means the Contributions distributed in accordance with this
37 Agreement.
38
39 "Recipient" means anyone who receives the Program under this
40 Agreement, including all Contributors.
41
42 2. GRANT OF RIGHTS
43
44 a) Subject to the terms of this Agreement, each Contributor hereby
45 grants Recipient a non-exclusive, worldwide, royalty-free copyright
46 license to reproduce, prepare derivative works of, publicly
47 display, publicly perform, distribute and sublicense the
48 Contribution of such Contributor, if any, and such derivative
49 works, in source code and object code form.
50
51 b) Subject to the terms of this Agreement, each Contributor hereby
52 grants Recipient a non-exclusive, worldwide, royalty-free patent
53 license under Licensed Patents to make, use, sell, offer to sell,
54 import and otherwise transfer the Contribution of such Contributor,
55 if any, in source code and object code form. This patent license
56 shall apply to the combination of the Contribution and the Program
57 if, at the time the Contribution is added by the Contributor, such
58 addition of the Contribution causes such combination to be covered
59 by the Licensed Patents. The patent license shall not apply to any
60 other combinations which include the Contribution. No hardware per
61 se is licensed hereunder.
62
63 c) Recipient understands that although each Contributor grants the
64 licenses to its Contributions set forth herein, no assurances are
65 provided by any Contributor that the Program does not infringe the
66 patent or other intellectual property rights of any other entity.
67 Each Contributor disclaims any liability to Recipient for claims
68 brought by any other entity based on infringement of intellectual
69 property rights or otherwise. As a condition to exercising the
70 rights and licenses granted hereunder, each Recipient hereby
71 assumes sole responsibility to secure any other intellectual
72 property rights needed, if any. For example, if a third party
73 patent license is required to allow Recipient to distribute the
74 Program, it is Recipient's responsibility to acquire that license
75 before distributing the Program.
76
77 d) Each Contributor represents that to its knowledge it has
78 sufficient copyright rights in its Contribution, if any, to grant
79 the copyright license set forth in this Agreement.
80
81 3. REQUIREMENTS
82
83 A Contributor may choose to distribute the Program in object code form
84 under its own license agreement, provided that:
85
86 a) it complies with the terms and conditions of this Agreement; and
87
88 b) its license agreement:
89
90 i) effectively disclaims on behalf of all Contributors all
91 warranties and conditions, express and implied, including
92 warranties or conditions of title and non-infringement, and implied
93 warranties or conditions of merchantability and fitness for a
94 particular purpose;
95
96 ii) effectively excludes on behalf of all Contributors all
97 liability for damages, including direct, indirect, special,
98 incidental and consequential damages, such as lost profits;
99
100 iii) states that any provisions which differ from this Agreement
101 are offered by that Contributor alone and not by any other party;
102 and
103
104 iv) states that source code for the Program is available from such
105 Contributor, and informs licensees how to obtain it in a reasonable
106 manner on or through a medium customarily used for software
107 exchange.
108
109 When 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
114 Program.
115
116 Contributors may not remove or alter any copyright notices contained
117 within the Program.
118
119 Each Contributor must identify itself as the originator of its
120 Contribution, if any, in a manner that reasonably allows subsequent
121 Recipients to identify the originator of the Contribution.
122
123 4. COMMERCIAL DISTRIBUTION
124
125 Commercial distributors of software may accept certain
126 responsibilities with respect to end users, business partners and the
127 like. While this license is intended to facilitate the commercial use
128 of the Program, the Contributor who includes the Program in a
129 commercial product offering should do so in a manner which does not
130 create potential liability for other Contributors. Therefore, if a
131 Contributor includes the Program in a commercial product offering,
132 such Contributor ("Commercial Contributor") hereby agrees to defend
133 and indemnify every other Contributor ("Indemnified Contributor")
134 against any losses, damages and costs (collectively "Losses") arising
135 from claims, lawsuits and other legal actions brought by a third party
136 against the Indemnified Contributor to the extent caused by the acts
137 or omissions of such Commercial Contributor in connection with its
138 distribution of the Program in a commercial product offering. The
139 obligations in this section do not apply to any claims or Losses
140 relating to any actual or alleged intellectual property infringement.
141 In order to qualify, an Indemnified Contributor must: a) promptly
142 notify the Commercial Contributor in writing of such claim, and b)
143 allow the Commercial Contributor to control, and cooperate with the
144 Commercial Contributor in, the defense and any related settlement
145 negotiations. The Indemnified Contributor may participate in any such
146 claim at its own expense.
147
148 For example, a Contributor might include the Program in a commercial
149 product offering, Product X. That Contributor is then a Commercial
150 Contributor. If that Commercial Contributor then makes performance
151 claims, or offers warranties related to Product X, those performance
152 claims and warranties are such Commercial Contributor's responsibility
153 alone. Under this section, the Commercial Contributor would have to
154 defend claims against the other Contributors related to those
155 performance claims and warranties, and if a court requires any other
156 Contributor to pay any damages as a result, the Commercial Contributor
157 must pay those damages.
158
159 5. NO WARRANTY
160
161 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
162 PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
163 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
164 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
165 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
166 responsible for determining the appropriateness of using and
167 distributing the Program and assumes all risks associated with its
168 exercise of rights under this Agreement, including but not limited to
169 the risks and costs of program errors, compliance with applicable
170 laws, damage to or loss of data, programs or equipment, and
171 unavailability or interruption of operations.
172
173 6. DISCLAIMER OF LIABILITY
174
175 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
176 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
177 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
178 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
179 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
180 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
181 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
182 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
183
184 7. GENERAL
185
186 If any provision of this Agreement is invalid or unenforceable under
187 applicable law, it shall not affect the validity or enforceability of
188 the remainder of the terms of this Agreement, and without further
189 action by the parties hereto, such provision shall be reformed to the
190 minimum extent necessary to make such provision valid and enforceable.
191
192 If Recipient institutes patent litigation against a Contributor with
193 respect to a patent applicable to software (including a cross-claim or
194 counterclaim in a lawsuit), then any patent licenses granted by that
195 Contributor to such Recipient under this Agreement shall terminate as
196 of the date such litigation is filed. In addition, If Recipient
197 institutes patent litigation against any entity (including a
198 cross-claim or counterclaim in a lawsuit) alleging that the Program
199 itself (excluding combinations of the Program with other software or
200 hardware) infringes such Recipient's patent(s), then such Recipient's
201 rights granted under Section 2(b) shall terminate as of the date such
202 litigation is filed.
203
204 All Recipient's rights under this Agreement shall terminate if it
205 fails to comply with any of the material terms or conditions of this
206 Agreement and does not cure such failure in a reasonable period of
207 time after becoming aware of such noncompliance. If all Recipient's
208 rights under this Agreement terminate, Recipient agrees to cease use
209 and distribution of the Program as soon as reasonably practicable.
210 However, Recipient's obligations under this Agreement and any licenses
211 granted by Recipient relating to the Program shall continue and
212 survive.
213
214 Everyone is permitted to copy and distribute copies of this Agreement,
215 but in order to avoid inconsistency the Agreement is copyrighted and
216 may only be modified in the following manner. The Agreement Steward
217 reserves the right to publish new versions (including revisions) of
218 this Agreement from time to time. No one other than the Agreement
219 Steward has the right to modify this Agreement. IBM is the initial
220 Agreement Steward. IBM may assign the responsibility to serve as the
221 Agreement Steward to a suitable separate entity. Each new version of
222 the Agreement will be given a distinguishing version number. The
223 Program (including Contributions) may always be distributed subject to
224 the version of the Agreement under which it was received. In addition,
225 after a new version of the Agreement is published, Contributor may
226 elect to distribute the Program (including its Contributions) under
227 the new version. Except as expressly stated in Sections 2(a) and 2(b)
228 above, Recipient receives no rights or licenses to the intellectual
229 property of any Contributor under this Agreement, whether expressly,
230 by implication, estoppel or otherwise. All rights in the Program not
231 expressly granted under this Agreement are reserved.
232
233 This Agreement is governed by the laws of the State of New York and
234 the intellectual property laws of the United States of America. No
235 party to this Agreement will bring a legal action under this Agreement
236 more than one year after the cause of action arose. Each party waives
237 its rights to a jury trial in any resulting litigation.

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