diff options
Diffstat (limited to 'meta/files/common-licenses/IPL-1')
| -rw-r--r-- | meta/files/common-licenses/IPL-1 | 222 |
1 files changed, 0 insertions, 222 deletions
diff --git a/meta/files/common-licenses/IPL-1 b/meta/files/common-licenses/IPL-1 deleted file mode 100644 index 63000fbeb6..0000000000 --- a/meta/files/common-licenses/IPL-1 +++ /dev/null @@ -1,222 +0,0 @@ - -IBM Public License Version 1.0 - -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: - -in the case of International Business Machines Corporation ("IBM"), -the Original Program, and -in the case of each Contributor, -changes to the Program, and -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 -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. -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. - -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. -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: - -it complies with the terms and conditions of this Agreement; and -its license agreement: -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; -effectively excludes on behalf of all Contributors all liability -for damages, including direct, indirect, special, incidental and -consequential damages, such as lost profits; -states that any provisions which differ from this Agreement are -offered by that Contributor alone and not by any other party; and - -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: - -it must be made available under this Agreement; and -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) 1996, 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. - - - - - - |