/interpreter/tags/at_build150307/lib/JGroups-2.4.0.bin/licenses/cpl-1.0.txt

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  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 documentation
  8. 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
  14. a Contributor if it was added to the Program by such Contributor itself or
  15. anyone acting on such Contributor's behalf. Contributions do not include
  16. additions to the Program which: (i) are separate modules of software
  17. distributed in conjunction with the Program under their own license
  18. agreement, and (ii) are not 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, including
  25. 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
  31. such 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
  34. Licensed Patents to make, use, sell, offer to sell, import and otherwise
  35. transfer the Contribution of such Contributor, if any, in source code and
  36. object code form. This patent license shall apply to the combination of the
  37. Contribution and the Program if, at the time the Contribution is added by
  38. the Contributor, such addition of the Contribution causes such combination
  39. to be covered by the Licensed Patents. The patent license shall not apply to
  40. any other combinations which include the Contribution. No hardware per se is
  41. licensed hereunder.
  42. c) Recipient understands that although each Contributor grants the licenses
  43. to its Contributions set forth herein, no assurances are provided by any
  44. Contributor that the Program does not infringe the patent or other
  45. intellectual property rights of any other entity. Each Contributor disclaims
  46. any liability to Recipient for claims brought by any other entity based on
  47. infringement of intellectual property rights or otherwise. As a condition to
  48. exercising the rights and licenses granted hereunder, each Recipient hereby
  49. assumes sole responsibility to secure any other intellectual property rights
  50. needed, if any. For example, if a third party patent license is required to
  51. allow Recipient to distribute the Program, it is Recipient's responsibility
  52. to acquire that license before distributing the Program.
  53. d) Each Contributor represents that to its knowledge it has sufficient
  54. copyright rights in its Contribution, if any, to grant the copyright license
  55. set forth in this Agreement.
  56. 3. REQUIREMENTS
  57. A Contributor may choose to distribute the Program in object code form under its
  58. own license agreement, provided that:
  59. a) it complies with the terms and conditions of this Agreement; and
  60. b) its license agreement:
  61. i) effectively disclaims on behalf of all Contributors all warranties and
  62. conditions, express and implied, including warranties or conditions of title
  63. and non-infringement, and implied warranties or conditions of merchantability
  64. and fitness for a particular purpose;
  65. ii) effectively excludes on behalf of all Contributors all liability for
  66. damages, including direct, indirect, special, incidental and consequential
  67. damages, such as lost profits;
  68. iii) states that any provisions which differ from this Agreement are offered
  69. by that Contributor alone and not by any other party; and
  70. iv) states that source code for the Program is available from such Contributor,
  71. and informs licensees how to obtain it in a reasonable manner on or through
  72. a medium customarily used for software exchange.
  73. When the Program is made available in source code form:
  74. a) it must be made available under this Agreement; and
  75. b) a copy of this Agreement must be included with each copy of the Program.
  76. Contributors may not remove or alter any copyright notices contained within the 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 offering.
  93. The obligations in this section do not apply to any claims or Losses relating to
  94. any actual or alleged intellectual property infringement. In order to qualify,
  95. an Indemnified Contributor must: a) promptly notify the Commercial Contributor
  96. n writing of such claim, and b) allow the Commercial Contributor to control,
  97. and cooperate with the Commercial Contributor in, the defense and any related
  98. settlement negotiations. The Indemnified Contributor may participate in any such
  99. 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 Commercial
  104. Contributor's responsibility alone. Under this section, the Commercial
  105. Contributor would have to defend claims against the other Contributors related
  106. to those performance claims and warranties, and if a court requires any other
  107. Contributor to pay any damages as a result, the Commercial Contributor must pay
  108. 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
  115. and distributing the Program and assumes all risks associated with its exercise
  116. of rights under this Agreement, including but not limited to the risks and costs
  117. of 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
  125. WAY 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.
  137. In 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 comply
  143. with any of the material terms or conditions of this Agreement and does not cure
  144. such failure in a reasonable period of time after becoming aware of such
  145. noncompliance. If all Recipient's rights under this Agreement terminate, Recipient
  146. agrees to cease use and distribution of the Program as soon as reasonably
  147. practicable. However, Recipient's obligations under this Agreement and any
  148. licenses granted by Recipient relating to the Program shall continue and survive.
  149. Everyone is permitted to copy and distribute copies of this Agreement, but in
  150. order to avoid inconsistency the Agreement is copyrighted and may only be modified
  151. in the following manner. The Agreement Steward reserves the right to publish new
  152. versions (including revisions) of this Agreement from time to time. No one other
  153. than the Agreement Steward has the right to modify this Agreement. IBM is the
  154. initial Agreement Steward. IBM may assign the responsibility to serve as the
  155. Agreement Steward to a suitable separate entity. Each new version of the Agreement
  156. will be given a distinguishing version number. The Program (including Contributions)
  157. may always be distributed subject to the version of the Agreement under which it
  158. was received. In addition, after a new version of the Agreement is published,
  159. Contributor may elect to distribute the Program (including its Contributions)
  160. under the new version. Except as expressly stated in Sections 2(a) and 2(b) above,
  161. Recipient receives no rights or licenses to the intellectual property of any
  162. Contributor under this Agreement, whether expressly, by implication, estoppel or
  163. otherwise. All rights in the Program not expressly granted under this Agreement
  164. are reserved.
  165. This Agreement is governed by the laws of the State of New York and the
  166. intellectual property laws of the United States of America. No party to this
  167. Agreement will bring a legal action under this Agreement more than one year after
  168. the cause of action arose. Each party waives its rights to a jury trial in any
  169. resulting litigation.