Common Public License - v 1.0 -
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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. -
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1. DEFINITIONS -
"Contribution" means: - -
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"Contributor" means any person or entity that distributes the Program. -
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"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. -
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"Program" means the Contributions distributed in accordance with this Agreement. -
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"Recipient" means anyone who receives the Program under this Agreement, including all Contributors. -
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2. GRANT OF RIGHTS - -
3. REQUIREMENTS -
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: - -
When the Program is made available in source code form: - -
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Contributors may not remove or alter any copyright notices contained within the Program.
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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. -
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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. -
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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. -
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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. -
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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. -
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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. -
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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. -
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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. -
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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. -
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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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\ No newline at end of file diff --git a/doc/cpl-license.txt b/doc/cpl-license.txt deleted file mode 100644 index dfc97e4a..00000000 --- a/doc/cpl-license.txt +++ /dev/null @@ -1,238 +0,0 @@ -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.