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

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  1Common Public License Version 1.0
  2
  3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
  4LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
  5CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
  6
  71. DEFINITIONS
  8
  9"Contribution" means:
 10
 11    a) in the case of the initial Contributor, the initial code and documentation
 12    distributed under this Agreement, and
 13
 14    b) in the case of each subsequent Contributor:
 15
 16    i) changes to the Program, and
 17
 18    ii) additions to the Program;
 19
 20    where such changes and/or additions to the Program originate from and are
 21    distributed by that particular Contributor. A Contribution 'originates' from
 22    a Contributor if it was added to the Program by such Contributor itself or
 23    anyone acting on such Contributor's behalf. Contributions do not include
 24    additions to the Program which: (i) are separate modules of software
 25    distributed in conjunction with the Program under their own license
 26    agreement, and (ii) are not derivative works of the Program.
 27
 28"Contributor" means any person or entity that distributes the Program.
 29
 30"Licensed Patents " mean patent claims licensable by a Contributor which are
 31necessarily infringed by the use or sale of its Contribution alone or when
 32combined with the Program.
 33
 34"Program" means the Contributions distributed in accordance with this Agreement.
 35
 36"Recipient" means anyone who receives the Program under this Agreement, including
 37all Contributors.
 38
 392. GRANT OF RIGHTS
 40
 41    a) Subject to the terms of this Agreement, each Contributor hereby grants
 42    Recipient a non-exclusive, worldwide, royalty-free copyright license to
 43    reproduce, prepare derivative works of, publicly display, publicly perform,
 44    distribute and sublicense the Contribution of such Contributor, if any, and
 45    such derivative works, in source code and object code form.
 46
 47    b) Subject to the terms of this Agreement, each Contributor hereby grants
 48    Recipient a non-exclusive, worldwide, royalty-free patent license under
 49    Licensed Patents to make, use, sell, offer to sell, import and otherwise
 50    transfer the Contribution of such Contributor, if any, in source code and
 51    object code form. This patent license shall apply to the combination of the
 52    Contribution and the Program if, at the time the Contribution is added by
 53    the Contributor, such addition of the Contribution causes such combination
 54    to be covered by the Licensed Patents. The patent license shall not apply to
 55    any other combinations which include the Contribution. No hardware per se is
 56    licensed hereunder.
 57
 58    c) Recipient understands that although each Contributor grants the licenses
 59    to its Contributions set forth herein, no assurances are provided by any
 60    Contributor that the Program does not infringe the patent or other
 61    intellectual property rights of any other entity. Each Contributor disclaims
 62    any liability to Recipient for claims brought by any other entity based on
 63    infringement of intellectual property rights or otherwise. As a condition to
 64    exercising the rights and licenses granted hereunder, each Recipient hereby
 65    assumes sole responsibility to secure any other intellectual property rights
 66    needed, if any. For example, if a third party patent license is required to
 67    allow Recipient to distribute the Program, it is Recipient's responsibility
 68    to acquire that license before distributing the Program.
 69
 70    d) Each Contributor represents that to its knowledge it has sufficient
 71    copyright rights in its Contribution, if any, to grant the copyright license
 72    set forth in this Agreement.
 73
 743. REQUIREMENTS
 75
 76A Contributor may choose to distribute the Program in object code form under its
 77own license agreement, provided that:
 78
 79    a) it complies with the terms and conditions of this Agreement; and
 80
 81    b) its license agreement:
 82
 83    i) effectively disclaims on behalf of all Contributors all warranties and
 84    conditions, express and implied, including warranties or conditions of title
 85    and non-infringement, and implied warranties or conditions of merchantability
 86    and fitness for a particular purpose;
 87
 88    ii) effectively excludes on behalf of all Contributors all liability for
 89    damages, including direct, indirect, special, incidental and consequential
 90    damages, such as lost profits;
 91
 92    iii) states that any provisions which differ from this Agreement are offered
 93    by that Contributor alone and not by any other party; and
 94
 95    iv) states that source code for the Program is available from such Contributor,
 96    and informs licensees how to obtain it in a reasonable manner on or through
 97    a medium customarily used for software exchange. 
 98
 99When the Program is made available in source code form:
100
101    a) it must be made available under this Agreement; and
102
103    b) a copy of this Agreement must be included with each copy of the Program. 
104
105Contributors may not remove or alter any copyright notices contained within the Program.
106
107Each Contributor must identify itself as the originator of its Contribution, if
108any, in a manner that reasonably allows subsequent Recipients to identify the
109originator of the Contribution.
110
1114. COMMERCIAL DISTRIBUTION
112
113Commercial distributors of software may accept certain responsibilities with
114respect to end users, business partners and the like. While this license is
115intended to facilitate the commercial use of the Program, the Contributor who
116includes the Program in a commercial product offering should do so in a manner
117which does not create potential liability for other Contributors. Therefore, if
118a Contributor includes the Program in a commercial product offering, such
119Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
120every other Contributor ("Indemnified Contributor") against any losses, damages
121and costs (collectively "Losses") arising from claims, lawsuits and other legal
122actions brought by a third party against the Indemnified Contributor to the
123extent caused by the acts or omissions of such Commercial Contributor in
124connection with its distribution of the Program in a commercial product offering.
125The obligations in this section do not apply to any claims or Losses relating to
126any actual or alleged intellectual property infringement. In order to qualify,
127an Indemnified Contributor must: a) promptly notify the Commercial Contributor 
128n writing of such claim, and b) allow the Commercial Contributor to control,
129and cooperate with the Commercial Contributor in, the defense and any related
130settlement negotiations. The Indemnified Contributor may participate in any such
131claim at its own expense.
132
133For example, a Contributor might include the Program in a commercial product
134offering, Product X. That Contributor is then a Commercial Contributor. If that
135Commercial Contributor then makes performance claims, or offers warranties
136related to Product X, those performance claims and warranties are such Commercial
137Contributor's responsibility alone. Under this section, the Commercial
138Contributor would have to defend claims against the other Contributors related
139to those performance claims and warranties, and if a court requires any other
140Contributor to pay any damages as a result, the Commercial Contributor must pay
141those damages.
142
1435. NO WARRANTY
144
145EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
146"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
147IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
148NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
149Recipient is solely responsible for determining the appropriateness of using
150and distributing the Program and assumes all risks associated with its exercise
151of rights under this Agreement, including but not limited to the risks and costs
152of program errors, compliance with applicable laws, damage to or loss of data,
153programs or equipment, and unavailability or interruption of operations.
154
1556. DISCLAIMER OF LIABILITY
156
157EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
158CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
159SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
160PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
161STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
162WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
163GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
164
1657. GENERAL
166
167If any provision of this Agreement is invalid or unenforceable under applicable
168law, it shall not affect the validity or enforceability of the remainder of the
169terms of this Agreement, and without further action by the parties hereto, such
170provision shall be reformed to the minimum extent necessary to make such
171provision valid and enforceable.
172
173If Recipient institutes patent litigation against a Contributor with respect to
174a patent applicable to software (including a cross-claim or counterclaim in a
175lawsuit), then any patent licenses granted by that Contributor to such Recipient
176under this Agreement shall terminate as of the date such litigation is filed.
177In addition, if Recipient institutes patent litigation against any entity
178(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
179itself (excluding combinations of the Program with other software or hardware)
180infringes such Recipient's patent(s), then such Recipient's rights granted under
181Section 2(b) shall terminate as of the date such litigation is filed.
182
183All Recipient's rights under this Agreement shall terminate if it fails to comply
184with any of the material terms or conditions of this Agreement and does not cure
185such failure in a reasonable period of time after becoming aware of such
186noncompliance. If all Recipient's rights under this Agreement terminate, Recipient
187agrees to cease use and distribution of the Program as soon as reasonably
188practicable. However, Recipient's obligations under this Agreement and any
189licenses granted by Recipient relating to the Program shall continue and survive.
190
191Everyone is permitted to copy and distribute copies of this Agreement, but in
192order to avoid inconsistency the Agreement is copyrighted and may only be modified
193in the following manner. The Agreement Steward reserves the right to publish new
194versions (including revisions) of this Agreement from time to time. No one other
195than the Agreement Steward has the right to modify this Agreement. IBM is the
196initial Agreement Steward. IBM may assign the responsibility to serve as the
197Agreement Steward to a suitable separate entity. Each new version of the Agreement
198will be given a distinguishing version number. The Program (including Contributions)
199may always be distributed subject to the version of the Agreement under which it
200was received. In addition, after a new version of the Agreement is published,
201Contributor may elect to distribute the Program (including its Contributions)
202under the new version. Except as expressly stated in Sections 2(a) and 2(b) above,
203Recipient receives no rights or licenses to the intellectual property of any
204Contributor under this Agreement, whether expressly, by implication, estoppel or
205otherwise. All rights in the Program not expressly granted under this Agreement
206are reserved.
207
208This Agreement is governed by the laws of the State of New York and the
209intellectual property laws of the United States of America. No party to this
210Agreement will bring a legal action under this Agreement more than one year after
211the cause of action arose. Each party waives its rights to a jury trial in any
212resulting litigation.
213