Common Public License

Return-Path: Delivered-To: apmail-ant-dev-archive@www.apache.org Received: (qmail 25026 invoked from network); 10 Dec 2005 14:14:48 -0000 Received: from hermes.apache.org (HELO mail.apache.org) (209.237.227.199) by minotaur.apache.org with SMTP; 10 Dec 2005 14:14:48 -0000 Received: (qmail 74945 invoked by uid 500); 10 Dec 2005 14:14:47 -0000 Delivered-To: apmail-ant-dev-archive@ant.apache.org Received: (qmail 74603 invoked by uid 500); 10 Dec 2005 14:14:46 -0000 Mailing-List: contact dev-help@ant.apache.org; run by ezmlm Precedence: bulk List-Unsubscribe: List-Help: List-Post: List-Id: "Ant Developers List" Reply-To: "Ant Developers List" Delivered-To: mailing list dev@ant.apache.org Received: (qmail 74592 invoked by uid 500); 10 Dec 2005 14:14:45 -0000 Received: (qmail 74589 invoked by uid 99); 10 Dec 2005 14:14:45 -0000 Received: from asf.osuosl.org (HELO asf.osuosl.org) (140.211.166.49) by apache.org (qpsmtpd/0.29) with ESMTP; Sat, 10 Dec 2005 06:14:45 -0800 X-ASF-Spam-Status: No, hits=-9.4 required=10.0 tests=ALL_TRUSTED,NO_REAL_NAME X-Spam-Check-By: apache.org Received: from [209.237.227.194] (HELO minotaur.apache.org) (209.237.227.194) by apache.org (qpsmtpd/0.29) with SMTP; Sat, 10 Dec 2005 06:14:44 -0800 Received: (qmail 24921 invoked by uid 65534); 10 Dec 2005 14:14:24 -0000 Message-ID: <20051210141424.24920.qmail@minotaur.apache.org> Content-Type: text/plain; charset="utf-8" MIME-Version: 1.0 Content-Transfer-Encoding: 7bit Subject: svn commit: r355748 - in /ant/core/trunk: LICENSE.junit LICENSE.junit.html Date: Sat, 10 Dec 2005 14:14:23 -0000 To: ant-cvs@apache.org From: jkf@apache.org X-Mailer: svnmailer-1.0.5 X-Virus-Checked: Checked by ClamAV on apache.org X-Spam-Rating: minotaur.apache.org 1.6.2 0/1000/N Author: jkf Date: Sat Dec 10 06:14:19 2005 New Revision: 355748 URL: http://svn.apache.org/viewcvs?rev=355748&view=rev Log: (empty) Added: ant/core/trunk/LICENSE.junit.html Removed: ant/core/trunk/LICENSE.junit Added: ant/core/trunk/LICENSE.junit.html URL: http://svn.apache.org/viewcvs/ant/core/trunk/LICENSE.junit.html?rev=355748&view=auto ============================================================================== --- ant/core/trunk/LICENSE.junit.html (added) +++ ant/core/trunk/LICENSE.junit.html Sat Dec 10 06:14:19 2005 @@ -0,0 +1,259 @@ + +Common Public License - v 1.0 + + + + + + +

Common Public License - v 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 + +

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. +

+ +

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