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authorDonny Davies <woodchip@gentoo.org>2002-05-04 03:49:50 +0000
committerDonny Davies <woodchip@gentoo.org>2002-05-04 03:49:50 +0000
commitb329cfc36705f1a27faa0be518d8c07133fa8607 (patch)
tree261e02ca5acd21d09bab2ea68bb33d97f24080d8 /licenses/IPL-1
parentFixed a gcc3 bug in transcode. (diff)
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add IBM Public License 1
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+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.