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author | Donny Davies <woodchip@gentoo.org> | 2002-05-04 03:49:50 +0000 |
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committer | Donny Davies <woodchip@gentoo.org> | 2002-05-04 03:49:50 +0000 |
commit | b329cfc36705f1a27faa0be518d8c07133fa8607 (patch) | |
tree | 261e02ca5acd21d09bab2ea68bb33d97f24080d8 /licenses/IPL-1 | |
parent | Fixed a gcc3 bug in transcode. (diff) | |
download | gentoo-2-b329cfc36705f1a27faa0be518d8c07133fa8607.tar.gz gentoo-2-b329cfc36705f1a27faa0be518d8c07133fa8607.tar.bz2 gentoo-2-b329cfc36705f1a27faa0be518d8c07133fa8607.zip |
add IBM Public License 1
Diffstat (limited to 'licenses/IPL-1')
-rw-r--r-- | licenses/IPL-1 | 221 |
1 files changed, 221 insertions, 0 deletions
diff --git a/licenses/IPL-1 b/licenses/IPL-1 new file mode 100644 index 000000000000..45b98347aea5 --- /dev/null +++ b/licenses/IPL-1 @@ -0,0 +1,221 @@ +IBM PUBLIC LICENSE VERSION 1.0 - SECURE MAILER + +THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM 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 International Business Machines Corporation ("IBM"), + the Original Program, and + b) in the case of each 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 IBM and any other 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. + +"Original Program" means the original version of the software accompanying +this Agreement as released by IBM, including source code, object code +and documentation, if any. + +"Program" means the Original Program and Contributions. + +"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. + +Each Contributor must include the following in a conspicuous location +in the Program: + + Copyright (c) 1997,1998,1999, International Business Machines + Corporation and others. All Rights Reserved. + +In addition, 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. + +IBM may publish new versions (including revisions) of this Agreement +from time to time. 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. No one other than IBM has the +right to modify this Agreement. 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. |