/interpreter/tags/at_build150307/lib/JGroups-2.4.0.bin/licenses/cpl-1.0.txt
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- Common Public License Version 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
- n 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.