Removed obsolete license files (I'm using GPL, not CPL)
Andreas Huggel
22 years ago
parent
6138842f50
commit
6a4ba370af
@ -1,258 +0,0 @@
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<html><head>
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<meta content="Lotus Word Pro" name="Generator"><title>Body</title></head>
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<body vlink="#800000" bgcolor="#ffffff">
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<p align="center"><b>Common Public License - v 1.0</b>
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</p><p><b></b><font size="3"></font>
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</p><p><font size="3"></font><font size="2">THE ACCOMPANYING PROGRAM IS
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PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT").
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||||
ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
|
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RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.</font>
|
||||
</p><p><font size="2"></font>
|
||||
</p><p><font size="2"><b>1. DEFINITIONS</b></font>
|
||||
</p><p><font size="2">"Contribution" means:</font>
|
||||
|
||||
</p><ul><font size="2">a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and<br clear="left">
|
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b) in the case of each subsequent Contributor:</font></ul>
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||||
|
||||
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<ul><font size="2">i) changes to the Program, and</font></ul>
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<ul><font size="2">ii) additions to the Program;</font></ul>
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<ul><font size="2">where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. </font><font size="2">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. </font><font size="2">Contributions do not
|
||||
include additions to the Program which: (i) are separate modules of
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software distributed in conjunction with the Program under their own
|
||||
license agreement, and (ii) are not derivative works of the Program. </font></ul>
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<p><font size="2"></font>
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</p><p><font size="2">"Contributor" means any person or entity that distributes the Program.</font>
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||||
</p><p><font size="2"></font><font size="2"></font>
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</p><p><font size="2">"Licensed Patents " mean patent claims licensable
|
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by a Contributor which are necessarily infringed by the use or sale of
|
||||
its Contribution alone or when combined with the Program. </font>
|
||||
</p><p><font size="2"></font><font size="2"></font>
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</p><p><font size="2"></font><font size="2">"Program" means the Contributions distributed in accordance with this Agreement.</font>
|
||||
</p><p><font size="2"></font>
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||||
</p><p><font size="2">"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.</font>
|
||||
</p><p><font size="2"><b></b></font>
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||||
</p><p><font size="2"><b>2. GRANT OF RIGHTS</b></font>
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|
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</p><ul><font size="2"></font><font size="2">a) </font><font size="2">Subject to the terms of this Agreement, each Contributor hereby grants</font><font size="2"> Recipient a non-exclusive, worldwide, royalty-free copyright license to</font><font color="#ff0000" size="2"> </font><font size="2">reproduce,
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prepare derivative works of, publicly display, publicly perform,
|
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distribute and sublicense the Contribution of such Contributor, if any,
|
||||
and such derivative works, in source code and object code form.</font></ul>
|
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<ul><font size="2"></font></ul>
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<ul><font size="2"></font><font size="2">b) Subject to the terms of this Agreement, each Contributor hereby grants </font><font size="2">Recipient a non-exclusive, worldwide,</font><font color="#008000" size="2"> </font><font size="2">royalty-free
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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
|
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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. </font></ul>
|
||||
|
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<ul><font size="2"></font></ul>
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||||
|
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<ul><font size="2">c) Recipient understands that although each
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Contributor grants the licenses to its Contributions set forth herein,
|
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no assurances are provided by any Contributor that the Program does not
|
||||
infringe the patent or other intellectual property rights of any other
|
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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.</font></ul>
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||||
|
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<ul><font size="2"></font></ul>
|
||||
|
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|
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<ul><font size="2">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. </font></ul>
|
||||
|
||||
|
||||
<ul><font size="2"></font></ul>
|
||||
|
||||
<p><font size="2"><b>3. REQUIREMENTS</b></font>
|
||||
</p><p><font size="2"><b></b>A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:</font>
|
||||
|
||||
</p><ul><font size="2">a) it complies with the terms and conditions of this Agreement; and</font></ul>
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|
||||
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<ul><font size="2">b) its license agreement:</font></ul>
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||||
|
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|
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<ul><font size="2">i) effectively disclaims</font><font face="Times New Roman" size="2">
|
||||
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; </font></ul>
|
||||
|
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<ul><font face="Times New Roman" size="2">ii) effectively excludes on
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behalf of all Contributors all liability for damages, including direct,
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indirect, special, incidental and consequential damages, such as lost
|
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profits; </font></ul>
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||||
|
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<ul><font face="Times New Roman" size="2">iii)</font><font size="2">
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states that any provisions which differ from this Agreement are offered
|
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by that Contributor alone and not by any other party; and</font></ul>
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<ul><font size="2">iv) states that source code for the Program is
|
||||
available from such Contributor, and informs licensees how to obtain it
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in a reasonable manner on or through a medium customarily used for
|
||||
software exchange.</font><font color="#0000ff" size="2"> </font><font color="#ff0000" size="2"></font></ul>
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<ul><font color="#ff0000" size="2"></font><font size="2"></font></ul>
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<p><font size="2">When the Program is made available in source code form:</font>
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</p><ul><font size="2">a) it must be made available under this Agreement; and </font></ul>
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|
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<ul><font size="2">b) a copy of this Agreement must be included with each copy of the Program. </font></ul>
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<p><font size="2"></font><font color="#0000ff" size="2"><strike></strike></font>
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</p><p><font color="#0000ff" size="2"><strike></strike></font><font size="2">Contributors may not remove or alter any copyright notices contained within the Program. </font>
|
||||
</p><p><font size="2"></font>
|
||||
</p><p><font size="2">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. </font>
|
||||
</p><p><font size="2"></font>
|
||||
</p><p><font size="2"><b>4. COMMERCIAL DISTRIBUTION</b></font>
|
||||
</p><p><font size="2">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
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Contributor ("Commercial Contributor") hereby agrees to defend and
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indemnify every other Contributor ("Indemnified Contributor") against
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||||
any losses, damages and costs (collectively "Losses") arising from
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||||
claims, lawsuits and other legal actions brought by a third party
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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
|
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obligations in this section do not apply to any claims or Losses
|
||||
relating to any actual or alleged intellectual property infringement.
|
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In order to qualify, an Indemnified Contributor must: a) promptly
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notify the Commercial Contributor in writing of such claim, and b)
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allow the Commercial Contributor to control, and cooperate with the
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Commercial Contributor in, the defense and any related settlement
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negotiations. The Indemnified Contributor may participate in any such
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||||
claim at its own expense.</font>
|
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</p><p><font size="2"></font>
|
||||
</p><p><font size="2">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
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||||
related to those performance claims and warranties, and if a court
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requires any other Contributor to pay any damages as a result, the
|
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Commercial Contributor must pay those damages.</font>
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</p><p><font size="2"></font><font color="#0000ff" size="2"></font>
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</p><p><font color="#0000ff" size="2"></font><font size="2"><b>5. NO WARRANTY</b></font>
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</p><p><font size="2">EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
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THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR
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CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
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LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
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MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is</font><font size="2"> solely responsible for determining the appropriateness of using and distributing </font><font size="2">the Program</font><font size="2"> and assumes all risks associated with its exercise of rights under this Agreement</font><font size="2">,
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including but not limited to the risks and costs of program errors,
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||||
compliance with applicable laws, damage to or loss of data, </font><font size="2">programs or equipment, and unavailability or interruption of operations</font><font size="2">. </font><font size="2"></font>
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</p><p><font size="2"></font>
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</p><p><font size="2"></font><font size="2"><b>6. DISCLAIMER OF LIABILITY</b></font>
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</p><p><font size="2"></font><font size="2">EXCEPT AS EXPRESSLY SET
|
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FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL
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||||
HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
|
||||
EXEMPLARY, OR CONSEQUENTIAL DAMAGES </font><font face="Times New Roman" size="2">(INCLUDING WITHOUT LIMITATION LOST PROFITS),</font><font size="2">
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HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
|
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STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
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IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
|
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EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
|
||||
POSSIBILITY OF SUCH DAMAGES.</font>
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</p><p><font size="2"></font><font size="2"></font>
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</p><p><font size="2"><b>7. GENERAL</b></font>
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||||
</p><p><font size="2"></font><font size="2">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,
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||||
such provision shall be reformed to the minimum extent necessary to
|
||||
make such provision valid and enforceable.</font>
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</p><p><font size="2"></font>
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</p><p><font size="2">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
|
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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
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||||
Recipient's rights granted under Section 2(b) shall terminate as of the
|
||||
date such litigation is filed. </font><font size="2"></font>
|
||||
</p><p><font size="2"></font>
|
||||
</p><p><font size="2">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. </font><font size="2"></font>
|
||||
</p><p><font size="2"></font>
|
||||
</p><p><font size="2"></font><font face="Times New Roman" size="2">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 </font><font size="2">publish new versions (including revisions) of this Agreement from time to </font><font face="Times New Roman" size="2">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
|
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responsibility to serve as the Agreement Steward to a suitable separate
|
||||
entity. </font><font size="2">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 </font><font face="Times New Roman" size="2">version. </font><font size="2">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
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under this Agreement, whether expressly, </font><font size="2">by implication, estoppel or otherwise</font><font size="2">.</font><font size="2"> All rights in the Program not expressly granted under this Agreement are reserved.</font>
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</p><p><font size="2"></font>
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</p><p><font size="2">This Agreement is governed by the laws of the
|
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State of New York and the intellectual property laws of the United
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States of America. No party to this Agreement will bring a legal action
|
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under this Agreement more than one year after the cause of action
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arose. Each party waives its rights to a jury trial in any resulting
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litigation.</font>
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</p><p><font size="2"></font><font size="2"></font>
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</p><p><font size="2"></font>
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</p></body></html>
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@ -1,238 +0,0 @@
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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.
|
||||
Loading…
Reference in New Issue