diff options
Diffstat (limited to 'meta/files/common-licenses/CPL-1')
| -rw-r--r-- | meta/files/common-licenses/CPL-1 | 250 |
1 files changed, 0 insertions, 250 deletions
diff --git a/meta/files/common-licenses/CPL-1 b/meta/files/common-licenses/CPL-1 deleted file mode 100644 index d95a7d860..000000000 --- a/meta/files/common-licenses/CPL-1 +++ /dev/null @@ -1,250 +0,0 @@ - -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 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. - -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. - - - - - - |