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diff --git a/licenses/IPL-1.0.txt b/licenses/IPL-1.0.txt new file mode 100644 index 0000000..6a8c796 --- /dev/null +++ b/licenses/IPL-1.0.txt @@ -0,0 +1,371 @@ +IBM Public License Version 1.0 + +THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM + +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 International Business Machines Corporation ("IBM"), the +Original Program, and + +b. in the case of each 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 IBM and any other 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. + +"Original Program" means the original version of the software + +accompanying this Agreement as released by IBM, including source + +code, object code and documentation, if any. + +"Program" means the Original Program and Contributions. + +"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. + +Each Contributor must include the following in a conspicuous location in the +Program: + +Copyright (C) 1996, 1999 International Business Machines Corporation and +others. All Rights Reserved. + +In addition, 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. + +IBM may publish new versions (including revisions) of this Agreement + +from time to time. 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. No one + +other than IBM has the right to modify this Agreement. 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. + |