PageRenderTime 48ms CodeModel.GetById 18ms RepoModel.GetById 0ms app.codeStats 0ms

/wheels/vendor/javaloader/licence.txt

http://cfwheels.googlecode.com/
Plain Text | 213 lines | 170 code | 43 blank | 0 comment | 0 complexity | 48002f641d23abfe9c4f2f776af24ad8 MD5 | raw file
Possible License(s): Apache-2.0, CPL-1.0
  1. Common Public License Version 1.0
  2. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
  3. LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
  4. CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
  5. 1. DEFINITIONS
  6. "Contribution" means:
  7. a) in the case of the initial Contributor, the initial code and
  8. documentation distributed under this Agreement, and
  9. b) in the case of each subsequent Contributor:
  10. i) changes to the Program, and
  11. ii) additions to the Program;
  12. where such changes and/or additions to the Program originate from and are
  13. distributed by that particular Contributor. A Contribution 'originates' from a
  14. Contributor if it was added to the Program by such Contributor itself or anyone
  15. acting on such Contributor's behalf. Contributions do not include additions to
  16. the Program which: (i) are separate modules of software distributed in
  17. conjunction with the Program under their own license agreement, and (ii) are not
  18. derivative works of the Program.
  19. "Contributor" means any person or entity that distributes the Program.
  20. "Licensed Patents " mean patent claims licensable by a Contributor which are
  21. necessarily infringed by the use or sale of its Contribution alone or when
  22. combined with the Program.
  23. "Program" means the Contributions distributed in accordance with this Agreement.
  24. "Recipient" means anyone who receives the Program under this Agreement,
  25. including all Contributors.
  26. 2. GRANT OF RIGHTS
  27. a) Subject to the terms of this Agreement, each Contributor hereby grants
  28. Recipient a non-exclusive, worldwide, royalty-free copyright license to
  29. reproduce, prepare derivative works of, publicly display, publicly perform,
  30. distribute and sublicense the Contribution of such Contributor, if any, and such
  31. derivative works, in source code and object code form.
  32. b) Subject to the terms of this Agreement, each Contributor hereby grants
  33. Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
  34. Patents to make, use, sell, offer to sell, import and otherwise transfer the
  35. Contribution of such Contributor, if any, in source code and object code form.
  36. This patent license shall apply to the combination of the Contribution and the
  37. Program if, at the time the Contribution is added by the Contributor, such
  38. addition of the Contribution causes such combination to be covered by the
  39. Licensed Patents. The patent license shall not apply to any other combinations
  40. which include the Contribution. No hardware per se is licensed hereunder.
  41. c) Recipient understands that although each Contributor grants the licenses
  42. to its Contributions set forth herein, no assurances are provided by any
  43. Contributor that the Program does not infringe the patent or other intellectual
  44. property rights of any other entity. Each Contributor disclaims any liability to
  45. Recipient for claims brought by any other entity based on infringement of
  46. intellectual property rights or otherwise. As a condition to exercising the
  47. rights and licenses granted hereunder, each Recipient hereby assumes sole
  48. responsibility to secure any other intellectual property rights needed, if any.
  49. For example, if a third party patent license is required to allow Recipient to
  50. distribute the Program, it is Recipient's responsibility to acquire that license
  51. before distributing the Program.
  52. d) Each Contributor represents that to its knowledge it has sufficient
  53. copyright rights in its Contribution, if any, to grant the copyright license set
  54. forth in this Agreement.
  55. 3. REQUIREMENTS
  56. A Contributor may choose to distribute the Program in object code form under its
  57. own license agreement, provided that:
  58. a) it complies with the terms and conditions of this Agreement; and
  59. b) its license agreement:
  60. i) effectively disclaims on behalf of all Contributors all warranties and
  61. conditions, express and implied, including warranties or conditions of title and
  62. non-infringement, and implied warranties or conditions of merchantability and
  63. fitness for a particular purpose;
  64. ii) effectively excludes on behalf of all Contributors all liability for
  65. damages, including direct, indirect, special, incidental and consequential
  66. damages, such as lost profits;
  67. iii) states that any provisions which differ from this Agreement are offered
  68. by that Contributor alone and not by any other party; and
  69. iv) states that source code for the Program is available from such
  70. Contributor, and informs licensees how to obtain it in a reasonable manner on or
  71. through a medium customarily used for software exchange.
  72. When the Program is made available in source code form:
  73. a) it must be made available under this Agreement; and
  74. b) a copy of this Agreement must be included with each copy of the Program.
  75. Contributors may not remove or alter any copyright notices contained within the
  76. Program.
  77. Each Contributor must identify itself as the originator of its Contribution, if
  78. any, in a manner that reasonably allows subsequent Recipients to identify the
  79. originator of the Contribution.
  80. 4. COMMERCIAL DISTRIBUTION
  81. Commercial distributors of software may accept certain responsibilities with
  82. respect to end users, business partners and the like. While this license is
  83. intended to facilitate the commercial use of the Program, the Contributor who
  84. includes the Program in a commercial product offering should do so in a manner
  85. which does not create potential liability for other Contributors. Therefore, if
  86. a Contributor includes the Program in a commercial product offering, such
  87. Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
  88. every other Contributor ("Indemnified Contributor") against any losses, damages
  89. and costs (collectively "Losses") arising from claims, lawsuits and other legal
  90. actions brought by a third party against the Indemnified Contributor to the
  91. extent caused by the acts or omissions of such Commercial Contributor in
  92. connection with its distribution of the Program in a commercial product
  93. offering. The obligations in this section do not apply to any claims or Losses
  94. relating to any actual or alleged intellectual property infringement. In order
  95. to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
  96. Contributor in writing of such claim, and b) allow the Commercial Contributor to
  97. control, and cooperate with the Commercial Contributor in, the defense and any
  98. related settlement negotiations. The Indemnified Contributor may participate in
  99. any such claim at its own expense.
  100. For example, a Contributor might include the Program in a commercial product
  101. offering, Product X. That Contributor is then a Commercial Contributor. If that
  102. Commercial Contributor then makes performance claims, or offers warranties
  103. related to Product X, those performance claims and warranties are such
  104. Commercial Contributor's responsibility alone. Under this section, the
  105. Commercial Contributor would have to defend claims against the other
  106. Contributors related to those performance claims and warranties, and if a court
  107. requires any other Contributor to pay any damages as a result, the Commercial
  108. Contributor must pay those damages.
  109. 5. NO WARRANTY
  110. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
  111. "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
  112. IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
  113. NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
  114. Recipient is solely responsible for determining the appropriateness of using and
  115. distributing the Program and assumes all risks associated with its exercise of
  116. rights under this Agreement, including but not limited to the risks and costs of
  117. program errors, compliance with applicable laws, damage to or loss of data,
  118. programs or equipment, and unavailability or interruption of operations.
  119. 6. DISCLAIMER OF LIABILITY
  120. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
  121. CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
  122. SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
  123. PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
  124. STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
  125. OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
  126. GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  127. 7. GENERAL
  128. If any provision of this Agreement is invalid or unenforceable under applicable
  129. law, it shall not affect the validity or enforceability of the remainder of the
  130. terms of this Agreement, and without further action by the parties hereto, such
  131. provision shall be reformed to the minimum extent necessary to make such
  132. provision valid and enforceable.
  133. If Recipient institutes patent litigation against a Contributor with respect to
  134. a patent applicable to software (including a cross-claim or counterclaim in a
  135. lawsuit), then any patent licenses granted by that Contributor to such Recipient
  136. under this Agreement shall terminate as of the date such litigation is filed. In
  137. addition, if Recipient institutes patent litigation against any entity
  138. (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
  139. itself (excluding combinations of the Program with other software or hardware)
  140. infringes such Recipient's patent(s), then such Recipient's rights granted under
  141. Section 2(b) shall terminate as of the date such litigation is filed.
  142. All Recipient's rights under this Agreement shall terminate if it fails to
  143. comply with any of the material terms or conditions of this Agreement and does
  144. not cure such failure in a reasonable period of time after becoming aware of
  145. such noncompliance. If all Recipient's rights under this Agreement terminate,
  146. Recipient agrees to cease use and distribution of the Program as soon as
  147. reasonably practicable. However, Recipient's obligations under this Agreement
  148. and any licenses granted by Recipient relating to the Program shall continue and
  149. survive.
  150. Everyone is permitted to copy and distribute copies of this Agreement, but in
  151. order to avoid inconsistency the Agreement is copyrighted and may only be
  152. modified in the following manner. The Agreement Steward reserves the right to
  153. publish new versions (including revisions) of this Agreement from time to time.
  154. No one other than the Agreement Steward has the right to modify this Agreement.
  155. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
  156. as the Agreement Steward to a suitable separate entity. Each new version of the
  157. Agreement will be given a distinguishing version number. The Program (including
  158. Contributions) may always be distributed subject to the version of the Agreement
  159. under which it was received. In addition, after a new version of the Agreement
  160. is published, Contributor may elect to distribute the Program (including its
  161. Contributions) under the new version. Except as expressly stated in Sections
  162. 2(a) and 2(b) above, Recipient receives no rights or licenses to the
  163. intellectual property of any Contributor under this Agreement, whether
  164. expressly, by implication, estoppel or otherwise. All rights in the Program not
  165. expressly granted under this Agreement are reserved.
  166. This Agreement is governed by the laws of the State of New York and the
  167. intellectual property laws of the United States of America. No party to this
  168. Agreement will bring a legal action under this Agreement more than one year
  169. after the cause of action arose. Each party waives its rights to a jury trial in
  170. any resulting litigation.