From ooo-commits-return-14267-apmail-incubator-ooo-commits-archive=incubator.apache.org@incubator.apache.org Mon Sep 24 03:00:06 2012 Return-Path: X-Original-To: apmail-incubator-ooo-commits-archive@minotaur.apache.org Delivered-To: apmail-incubator-ooo-commits-archive@minotaur.apache.org Received: from mail.apache.org (hermes.apache.org [140.211.11.3]) by minotaur.apache.org (Postfix) with SMTP id 2DFE0D2E0 for ; Mon, 24 Sep 2012 03:00:06 +0000 (UTC) Received: (qmail 9335 invoked by uid 500); 24 Sep 2012 03:00:06 -0000 Delivered-To: apmail-incubator-ooo-commits-archive@incubator.apache.org Received: (qmail 9305 invoked by uid 500); 24 Sep 2012 03:00:06 -0000 Mailing-List: contact ooo-commits-help@incubator.apache.org; run by ezmlm Precedence: bulk List-Help: List-Unsubscribe: List-Post: List-Id: Reply-To: ooo-dev@incubator.apache.org Delivered-To: mailing list ooo-commits@incubator.apache.org Received: (qmail 9298 invoked by uid 99); 24 Sep 2012 03:00:06 -0000 Received: from athena.apache.org (HELO athena.apache.org) (140.211.11.136) by apache.org (qpsmtpd/0.29) with ESMTP; Mon, 24 Sep 2012 03:00:06 +0000 X-ASF-Spam-Status: No, hits=-2000.0 required=5.0 tests=ALL_TRUSTED X-Spam-Check-By: apache.org Received: from [140.211.11.4] (HELO eris.apache.org) (140.211.11.4) by apache.org (qpsmtpd/0.29) with ESMTP; Mon, 24 Sep 2012 03:00:01 +0000 Received: from eris.apache.org (localhost [127.0.0.1]) by eris.apache.org (Postfix) with ESMTP id A42FD23889E2; Mon, 24 Sep 2012 02:59:18 +0000 (UTC) Content-Type: text/plain; charset="utf-8" MIME-Version: 1.0 Content-Transfer-Encoding: 7bit Subject: svn commit: r1389189 [2/2] - in /incubator/ooo/trunk/main: LICENSE LICENSE_category_b Date: Mon, 24 Sep 2012 02:59:18 -0000 To: ooo-commits@incubator.apache.org From: arielch@apache.org X-Mailer: svnmailer-1.0.8-patched Message-Id: <20120924025918.A42FD23889E2@eris.apache.org> X-Virus-Checked: Checked by ClamAV on apache.org Modified: incubator/ooo/trunk/main/LICENSE_category_b URL: http://svn.apache.org/viewvc/incubator/ooo/trunk/main/LICENSE_category_b?rev=1389189&r1=1389188&r2=1389189&view=diff ============================================================================== --- incubator/ooo/trunk/main/LICENSE_category_b (original) +++ incubator/ooo/trunk/main/LICENSE_category_b Mon Sep 24 02:59:18 2012 @@ -664,339 +664,339 @@ ____ For Saxon: - MPL 1.0 -MOZILLA PUBLIC LICENSE -Version 1.0 - -1. Definitions. - - 1.1. ``Contributor'' means each entity that creates or contributes to the - creation of Modifications. - - 1.2. ``Contributor Version'' means the combination of the Original Code, prior - Modifications used by a Contributor, and the Modifications made by that - particular Contributor. - - 1.3. ``Covered Code'' means the Original Code or Modifications or the - combination of the Original Code and Modifications, in each case including - portions thereof. - - 1.4. ``Electronic Distribution Mechanism'' means a mechanism generally accepted - in the software development community for the electronic transfer of data. - - 1.5. ``Executable'' means Covered Code in any form other than Source Code. - - 1.6. ``Initial Developer'' means the individual or entity identified as the - Initial Developer in the Source Code notice required by Exhibit A. - - 1.7. ``Larger Work'' means a work which combines Covered Code or portions thereof - with code not governed by the terms of this License. - - 1.8. ``License'' means this document. - - 1.9. ``Modifications'' means any addition to or deletion from the substance or - structure of either the Original Code or any previous Modifications. When - Covered Code is released as a series of files, a Modification is: - - A. Any addition to or deletion from the contents of a file containing Original - Code or previous Modifications. - - B. Any new file that contains any part of the Original Code or previous Modifications. - - 1.10. ``Original Code'' means Source Code of computer software code which is - described in the Source Code notice required by Exhibit A as Original Code, - and which, at the time of its release under this License is not already Covered - Code governed by this License. - - 1.11. ``Source Code'' means the preferred form of the Covered Code for making - modifications to it, including all modules it contains, plus any associated - interface definition files, scripts used to control compilation and - installation of an Executable, or a list of source code differential - comparisons against either the Original Code or another well known, - available Covered Code of the Contributor's choice. The Source Code can - be in a compressed or archival form, provided the appropriate decompression - or de-archiving software is widely available for no charge. - - 1.12. ``You'' means an individual or a legal entity exercising rights under, - and complying with all of the terms of, this License or a future version - of this License issued under Section 6.1. For legal entities, ``You'' - includes any entity which controls, is controlled by, or is under common - control with You. For purposes of this definition, ``control'' means - (a) the power, direct or indirect, to cause the direction or management - of such entity, whether by contract or otherwise, or (b) ownership of - fifty percent (50%) or more of the outstanding shares or beneficial - ownership of such entity. - -2. Source Code License. - - 2.1. The Initial Developer Grant. - The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive - license, subject to third party intellectual property claims: - - (a) to use, reproduce, modify, display, perform, sublicense and distribute - the Original Code (or portions thereof) with or without Modifications, - or as part of a Larger Work; and - - (b) under patents now or hereafter owned or controlled by Initial Developer, - to make, have made, use and sell (``Utilize'') the Original Code - (or portions thereof), but solely to the extent that any such patent - is reasonably necessary to enable You to Utilize the Original Code - (or portions thereof) and not to any greater extent that may be necessary - to Utilize further Modifications or combinations. - - 2.2. Contributor Grant. - Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive - license, subject to third party intellectual property claims: - - (a) to use, reproduce, modify, display, perform, sublicense and distribute - the Modifications created by such Contributor (or portions thereof) - either on an unmodified basis, with other Modifications, as Covered - Code or as part of a Larger Work; and - - (b) under patents now or hereafter owned or controlled by Contributor, - to Utilize the Contributor Version (or portions thereof), but solely - to the extent that any such patent is reasonably necessary to enable - You to Utilize the Contributor Version (or portions thereof), and - not to any greater extent that may be necessary to Utilize further - Modifications or combinations. - -3. Distribution Obligations. - - 3.1. Application of License. - The Modifications which You create or to which You contribute are governed - by the terms of this License, including without limitation Section 2.2. - The Source Code version of Covered Code may be distributed only under the - terms of this License or a future version of this License released under - Section 6.1, and You must include a copy of this License with every copy - of the Source Code You distribute. You may not offer or impose any terms - on any Source Code version that alters or restricts the applicable version - of this License or the recipients' rights hereunder. However, You may include - an additional document offering the additional rights described in Section 3.5. - - 3.2. Availability of Source Code. - Any Modification which You create or to which You contribute must be made - available in Source Code form under the terms of this License either on - the same media as an Executable version or via an accepted Electronic - Distribution Mechanism to anyone to whom you made an Executable version - available; and if made available via Electronic Distribution Mechanism, - must remain available for at least twelve (12) months after the date it - initially became available, or at least six (6) months after a subsequent - version of that particular Modification has been made available to such - recipients. You are responsible for ensuring that the Source Code version - remains available even if the Electronic Distribution Mechanism is maintained - by a third party. - - 3.3. Description of Modifications. - You must cause all Covered Code to which you contribute to contain a file - documenting the changes You made to create that Covered Code and the date of - any change. You must include a prominent statement that the Modification is - derived, directly or indirectly, from Original Code provided by the Initial - Developer and including the name of the Initial Developer in (a) the Source - Code, and (b) in any notice in an Executable version or related documentation - in which You describe the origin or ownership of the Covered Code. - - 3.4. Intellectual Property Matters - - (a) Third Party Claims. - If You have knowledge that a party claims an intellectual property right - in particular functionality or code (or its utilization under this License), - you must include a text file with the source code distribution titled - ``LEGAL'' which describes the claim and the party making the claim in - sufficient detail that a recipient will know whom to contact. If you - obtain such knowledge after You make Your Modification available as - described in Section 3.2, You shall promptly modify the LEGAL file in - all copies You make available thereafter and shall take other steps - (such as notifying appropriate mailing lists or newsgroups) reasonably - calculated to inform those who received the Covered Code that new - knowledge has been obtained. - - (b) Contributor APIs. - If Your Modification is an application programming interface and You - own or control patents which are reasonably necessary to implement that - API, you must also include this information in the LEGAL file. - - 3.5. Required Notices. - You must duplicate the notice in Exhibit A in each file of the Source Code, - and this License in any documentation for the Source Code, where You describe - recipients' rights relating to Covered Code. If You created one or more - Modification(s), You may add your name as a Contributor to the notice described - in Exhibit A. If it is not possible to put such notice in a particular Source - Code file due to its structure, then you must include such notice in a location - (such as a relevant directory file) where a user would be likely to look for - such a notice. You may choose to offer, and to charge a fee for, warranty, - support, indemnity or liability obligations to one or more recipients of - Covered Code. However, You may do so only on Your own behalf, and not on - behalf of the Initial Developer or any Contributor. You must make it absolutely - clear than any such warranty, support, indemnity or liability obligation is - offered by You alone, and You hereby agree to indemnify the Initial Developer - and every Contributor for any liability incurred by the Initial Developer or - such Contributor as a result of warranty, support, indemnity or liability terms - You offer. - - 3.6. Distribution of Executable Versions. - You may distribute Covered Code in Executable form only if the requirements - of Section 3.1-3.5 have been met for that Covered Code, and if You include - a notice stating that the Source Code version of the Covered Code is available - under the terms of this License, including a description of how and where You - have fulfilled the obligations of Section 3.2. The notice must be conspicuously - included in any notice in an Executable version, related documentation or - collateral in which You describe recipients' rights relating to the Covered - Code. You may distribute the Executable version of Covered Code under a license - of Your choice, which may contain terms different from this License, provided - that You are in compliance with the terms of this License and that the license - for the Executable version does not attempt to limit or alter the recipient's - rights in the Source Code version from the rights set forth in this License. - If You distribute the Executable version under a different license You must - make it absolutely clear that any terms which differ from this License are - offered by You alone, not by the Initial Developer or any Contributor. You - hereby agree to indemnify the Initial Developer and every Contributor for - any liability incurred by the Initial Developer or such Contributor as a - result of any such terms You offer. - - 3.7. Larger Works. - You may create a Larger Work by combining Covered Code with other code not - governed by the terms of this License and distribute the Larger Work as a - single product. In such a case, You must make sure the requirements of this - License are fulfilled for the Covered Code. - -4. Inability to Comply Due to Statute or Regulation. - - If it is impossible for You to comply with any of the terms of this License - with respect to some or all of the Covered Code due to statute or regulation - then You must: (a) comply with the terms of this License to the maximum extent - possible; and (b) describe the limitations and the code they affect. Such - description must be included in the LEGAL file described in Section 3.4 and - must be included with all distributions of the Source Code. Except to the - extent prohibited by statute or regulation, such description must be sufficiently - detailed for a recipient of ordinary skill to be able to understand it. - -5. Application of this License. - - This License applies to code to which the Initial Developer has attached the - notice in Exhibit A, and to related Covered Code. - -6. Versions of the License. - - 6.1. New Versions. - Netscape Communications Corporation (``Netscape'') may publish revised and/or - new versions of the License from time to time. Each version will be given a - distinguishing version number. - - 6.2. Effect of New Versions. - Once Covered Code has been published under a particular version of the License, - You may always continue to use it under the terms of that version. You may also - choose to use such Covered Code under the terms of any subsequent version of the - License published by Netscape. No one other than Netscape has the right to - modify the terms applicable to Covered Code created under this License. - - 6.3. Derivative Works. - If you create or use a modified version of this License (which you may only do - in order to apply it to code which is not already Covered Code governed by this - License), you must (a) rename Your license so that the phrases ``Mozilla'', - ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or any confusingly similar - phrase do not appear anywhere in your license and (b) otherwise make it clear - that your version of the license contains terms which differ from the Mozilla - Public License and Netscape Public License. (Filling in the name of the Initial - Developer, Original Code or Contributor in the notice described in Exhibit A - shall not of themselves be deemed to be modifications of this License.) - -7. DISCLAIMER OF WARRANTY. - - COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT - WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, - WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A - PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND - PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE - DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) - ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER - OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED - CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. - -8. TERMINATION. - - This License and the rights granted hereunder will terminate automatically - if You fail to comply with terms herein and fail to cure such breach within - 30 days of becoming aware of the breach. All sublicenses to the Covered - Code which are properly granted shall survive any termination of this - License. Provisions which, by their nature, must remain in effect beyond - the termination of this License shall survive. - -9. LIMITATION OF LIABILITY. - - UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING - NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER - CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF - SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, - INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT - LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE - OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN - IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. - THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR - PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE - LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION - OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND - LIMITATION MAY NOT APPLY TO YOU. - -10. U.S. GOVERNMENT END USERS. - - The Covered Code is a ``commercial item,'' as that term is defined in - 48 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer software'' - and ``commercial computer software documentation,'' as such terms are used - in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and - 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government - End Users acquire Covered Code with only those rights set forth herein. - -11. MISCELLANEOUS. - - This License represents the complete agreement concerning subject matter - hereof. If any provision of this License is held to be unenforceable, - such provision shall be reformed only to the extent necessary to make - it enforceable. This License shall be governed by California law provisions - (except to the extent applicable law, if any, provides otherwise), excluding - its conflict-of-law provisions. With respect to disputes in which at least - one party is a citizen of, or an entity chartered or registered to do business - in, the United States of America: (a) unless otherwise agreed in writing, - all disputes relating to this License (excepting any dispute relating to - intellectual property rights) shall be subject to final and binding arbitration, - with the losing party paying all costs of arbitration; (b) any arbitration - relating to this Agreement shall be held in Santa Clara County, California, - under the auspices of JAMS/EndDispute; and (c) any litigation relating to - this Agreement shall be subject to the jurisdiction of the Federal Courts - of the Northern District of California, with venue lying in Santa Clara - County, California, with the losing party responsible for costs, including - without limitation, court costs and reasonable attorneys fees and expenses. - The application of the United Nations Convention on Contracts for the International - Sale of Goods is expressly excluded. Any law or regulation which provides that - the language of a contract shall be construed against the drafter shall not - apply to this License. - -12. RESPONSIBILITY FOR CLAIMS. - - Except in cases where another Contributor has failed to comply with Section - 3.4, You are responsible for damages arising, directly or indirectly, out - of Your utilization of rights under this License, based on the number of - copies of Covered Code you made available, the revenues you received from - utilizing such rights, and other relevant factors. You agree to work with - affected parties to distribute responsibility on an equitable basis. - -EXHIBIT A. - - ``The contents of this file are subject to the Mozilla Public License - Version 1.0 (the "License"); you may not use this file except in compliance - with the License. You may obtain a copy of the License at - http://www.mozilla.org/MPL/ - - Software distributed under the License is distributed on an "AS IS" basis, - WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License - for the specific language governing rights and limitations under the License. - - The Original Code is ______________________________________. - - The Initial Developer of the Original Code is ________________________. - Portions created by ______________________ are - Copyright (C) ______ _______________________. All Rights Reserved. - - Contributor(s): ______________________________________.'' - +MOZILLA PUBLIC LICENSE +Version 1.0 + +1. Definitions. + + 1.1. ``Contributor'' means each entity that creates or contributes to the + creation of Modifications. + + 1.2. ``Contributor Version'' means the combination of the Original Code, prior + Modifications used by a Contributor, and the Modifications made by that + particular Contributor. + + 1.3. ``Covered Code'' means the Original Code or Modifications or the + combination of the Original Code and Modifications, in each case including + portions thereof. + + 1.4. ``Electronic Distribution Mechanism'' means a mechanism generally accepted + in the software development community for the electronic transfer of data. + + 1.5. ``Executable'' means Covered Code in any form other than Source Code. + + 1.6. ``Initial Developer'' means the individual or entity identified as the + Initial Developer in the Source Code notice required by Exhibit A. + + 1.7. ``Larger Work'' means a work which combines Covered Code or portions thereof + with code not governed by the terms of this License. + + 1.8. ``License'' means this document. + + 1.9. ``Modifications'' means any addition to or deletion from the substance or + structure of either the Original Code or any previous Modifications. When + Covered Code is released as a series of files, a Modification is: + + A. Any addition to or deletion from the contents of a file containing Original + Code or previous Modifications. + + B. Any new file that contains any part of the Original Code or previous Modifications. + + 1.10. ``Original Code'' means Source Code of computer software code which is + described in the Source Code notice required by Exhibit A as Original Code, + and which, at the time of its release under this License is not already Covered + Code governed by this License. + + 1.11. ``Source Code'' means the preferred form of the Covered Code for making + modifications to it, including all modules it contains, plus any associated + interface definition files, scripts used to control compilation and + installation of an Executable, or a list of source code differential + comparisons against either the Original Code or another well known, + available Covered Code of the Contributor's choice. The Source Code can + be in a compressed or archival form, provided the appropriate decompression + or de-archiving software is widely available for no charge. + + 1.12. ``You'' means an individual or a legal entity exercising rights under, + and complying with all of the terms of, this License or a future version + of this License issued under Section 6.1. For legal entities, ``You'' + includes any entity which controls, is controlled by, or is under common + control with You. For purposes of this definition, ``control'' means + (a) the power, direct or indirect, to cause the direction or management + of such entity, whether by contract or otherwise, or (b) ownership of + fifty percent (50%) or more of the outstanding shares or beneficial + ownership of such entity. + +2. Source Code License. + + 2.1. The Initial Developer Grant. + The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive + license, subject to third party intellectual property claims: + + (a) to use, reproduce, modify, display, perform, sublicense and distribute + the Original Code (or portions thereof) with or without Modifications, + or as part of a Larger Work; and + + (b) under patents now or hereafter owned or controlled by Initial Developer, + to make, have made, use and sell (``Utilize'') the Original Code + (or portions thereof), but solely to the extent that any such patent + is reasonably necessary to enable You to Utilize the Original Code + (or portions thereof) and not to any greater extent that may be necessary + to Utilize further Modifications or combinations. + + 2.2. Contributor Grant. + Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive + license, subject to third party intellectual property claims: + + (a) to use, reproduce, modify, display, perform, sublicense and distribute + the Modifications created by such Contributor (or portions thereof) + either on an unmodified basis, with other Modifications, as Covered + Code or as part of a Larger Work; and + + (b) under patents now or hereafter owned or controlled by Contributor, + to Utilize the Contributor Version (or portions thereof), but solely + to the extent that any such patent is reasonably necessary to enable + You to Utilize the Contributor Version (or portions thereof), and + not to any greater extent that may be necessary to Utilize further + Modifications or combinations. + +3. Distribution Obligations. + + 3.1. Application of License. + The Modifications which You create or to which You contribute are governed + by the terms of this License, including without limitation Section 2.2. + The Source Code version of Covered Code may be distributed only under the + terms of this License or a future version of this License released under + Section 6.1, and You must include a copy of this License with every copy + of the Source Code You distribute. You may not offer or impose any terms + on any Source Code version that alters or restricts the applicable version + of this License or the recipients' rights hereunder. However, You may include + an additional document offering the additional rights described in Section 3.5. + + 3.2. Availability of Source Code. + Any Modification which You create or to which You contribute must be made + available in Source Code form under the terms of this License either on + the same media as an Executable version or via an accepted Electronic + Distribution Mechanism to anyone to whom you made an Executable version + available; and if made available via Electronic Distribution Mechanism, + must remain available for at least twelve (12) months after the date it + initially became available, or at least six (6) months after a subsequent + version of that particular Modification has been made available to such + recipients. You are responsible for ensuring that the Source Code version + remains available even if the Electronic Distribution Mechanism is maintained + by a third party. + + 3.3. Description of Modifications. + You must cause all Covered Code to which you contribute to contain a file + documenting the changes You made to create that Covered Code and the date of + any change. You must include a prominent statement that the Modification is + derived, directly or indirectly, from Original Code provided by the Initial + Developer and including the name of the Initial Developer in (a) the Source + Code, and (b) in any notice in an Executable version or related documentation + in which You describe the origin or ownership of the Covered Code. + + 3.4. Intellectual Property Matters + + (a) Third Party Claims. + If You have knowledge that a party claims an intellectual property right + in particular functionality or code (or its utilization under this License), + you must include a text file with the source code distribution titled + ``LEGAL'' which describes the claim and the party making the claim in + sufficient detail that a recipient will know whom to contact. If you + obtain such knowledge after You make Your Modification available as + described in Section 3.2, You shall promptly modify the LEGAL file in + all copies You make available thereafter and shall take other steps + (such as notifying appropriate mailing lists or newsgroups) reasonably + calculated to inform those who received the Covered Code that new + knowledge has been obtained. + + (b) Contributor APIs. + If Your Modification is an application programming interface and You + own or control patents which are reasonably necessary to implement that + API, you must also include this information in the LEGAL file. + + 3.5. Required Notices. + You must duplicate the notice in Exhibit A in each file of the Source Code, + and this License in any documentation for the Source Code, where You describe + recipients' rights relating to Covered Code. If You created one or more + Modification(s), You may add your name as a Contributor to the notice described + in Exhibit A. If it is not possible to put such notice in a particular Source + Code file due to its structure, then you must include such notice in a location + (such as a relevant directory file) where a user would be likely to look for + such a notice. You may choose to offer, and to charge a fee for, warranty, + support, indemnity or liability obligations to one or more recipients of + Covered Code. However, You may do so only on Your own behalf, and not on + behalf of the Initial Developer or any Contributor. You must make it absolutely + clear than any such warranty, support, indemnity or liability obligation is + offered by You alone, and You hereby agree to indemnify the Initial Developer + and every Contributor for any liability incurred by the Initial Developer or + such Contributor as a result of warranty, support, indemnity or liability terms + You offer. + + 3.6. Distribution of Executable Versions. + You may distribute Covered Code in Executable form only if the requirements + of Section 3.1-3.5 have been met for that Covered Code, and if You include + a notice stating that the Source Code version of the Covered Code is available + under the terms of this License, including a description of how and where You + have fulfilled the obligations of Section 3.2. The notice must be conspicuously + included in any notice in an Executable version, related documentation or + collateral in which You describe recipients' rights relating to the Covered + Code. You may distribute the Executable version of Covered Code under a license + of Your choice, which may contain terms different from this License, provided + that You are in compliance with the terms of this License and that the license + for the Executable version does not attempt to limit or alter the recipient's + rights in the Source Code version from the rights set forth in this License. + If You distribute the Executable version under a different license You must + make it absolutely clear that any terms which differ from this License are + offered by You alone, not by the Initial Developer or any Contributor. You + hereby agree to indemnify the Initial Developer and every Contributor for + any liability incurred by the Initial Developer or such Contributor as a + result of any such terms You offer. + + 3.7. Larger Works. + You may create a Larger Work by combining Covered Code with other code not + governed by the terms of this License and distribute the Larger Work as a + single product. In such a case, You must make sure the requirements of this + License are fulfilled for the Covered Code. + +4. Inability to Comply Due to Statute or Regulation. + + If it is impossible for You to comply with any of the terms of this License + with respect to some or all of the Covered Code due to statute or regulation + then You must: (a) comply with the terms of this License to the maximum extent + possible; and (b) describe the limitations and the code they affect. Such + description must be included in the LEGAL file described in Section 3.4 and + must be included with all distributions of the Source Code. Except to the + extent prohibited by statute or regulation, such description must be sufficiently + detailed for a recipient of ordinary skill to be able to understand it. + +5. Application of this License. + + This License applies to code to which the Initial Developer has attached the + notice in Exhibit A, and to related Covered Code. + +6. Versions of the License. + + 6.1. New Versions. + Netscape Communications Corporation (``Netscape'') may publish revised and/or + new versions of the License from time to time. Each version will be given a + distinguishing version number. + + 6.2. Effect of New Versions. + Once Covered Code has been published under a particular version of the License, + You may always continue to use it under the terms of that version. You may also + choose to use such Covered Code under the terms of any subsequent version of the + License published by Netscape. No one other than Netscape has the right to + modify the terms applicable to Covered Code created under this License. + + 6.3. Derivative Works. + If you create or use a modified version of this License (which you may only do + in order to apply it to code which is not already Covered Code governed by this + License), you must (a) rename Your license so that the phrases ``Mozilla'', + ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or any confusingly similar + phrase do not appear anywhere in your license and (b) otherwise make it clear + that your version of the license contains terms which differ from the Mozilla + Public License and Netscape Public License. (Filling in the name of the Initial + Developer, Original Code or Contributor in the notice described in Exhibit A + shall not of themselves be deemed to be modifications of this License.) + +7. DISCLAIMER OF WARRANTY. + + COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT + WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, + WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A + PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND + PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE + DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) + ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER + OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED + CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. + +8. TERMINATION. + + This License and the rights granted hereunder will terminate automatically + if You fail to comply with terms herein and fail to cure such breach within + 30 days of becoming aware of the breach. All sublicenses to the Covered + Code which are properly granted shall survive any termination of this + License. Provisions which, by their nature, must remain in effect beyond + the termination of this License shall survive. + +9. LIMITATION OF LIABILITY. + + UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING + NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER + CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF + SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, + INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT + LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE + OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN + IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. + THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR + PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE + LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION + OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND + LIMITATION MAY NOT APPLY TO YOU. + +10. U.S. GOVERNMENT END USERS. + + The Covered Code is a ``commercial item,'' as that term is defined in + 48 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer software'' + and ``commercial computer software documentation,'' as such terms are used + in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and + 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government + End Users acquire Covered Code with only those rights set forth herein. + +11. MISCELLANEOUS. + + This License represents the complete agreement concerning subject matter + hereof. If any provision of this License is held to be unenforceable, + such provision shall be reformed only to the extent necessary to make + it enforceable. This License shall be governed by California law provisions + (except to the extent applicable law, if any, provides otherwise), excluding + its conflict-of-law provisions. With respect to disputes in which at least + one party is a citizen of, or an entity chartered or registered to do business + in, the United States of America: (a) unless otherwise agreed in writing, + all disputes relating to this License (excepting any dispute relating to + intellectual property rights) shall be subject to final and binding arbitration, + with the losing party paying all costs of arbitration; (b) any arbitration + relating to this Agreement shall be held in Santa Clara County, California, + under the auspices of JAMS/EndDispute; and (c) any litigation relating to + this Agreement shall be subject to the jurisdiction of the Federal Courts + of the Northern District of California, with venue lying in Santa Clara + County, California, with the losing party responsible for costs, including + without limitation, court costs and reasonable attorneys fees and expenses. + The application of the United Nations Convention on Contracts for the International + Sale of Goods is expressly excluded. Any law or regulation which provides that + the language of a contract shall be construed against the drafter shall not + apply to this License. + +12. RESPONSIBILITY FOR CLAIMS. + + Except in cases where another Contributor has failed to comply with Section + 3.4, You are responsible for damages arising, directly or indirectly, out + of Your utilization of rights under this License, based on the number of + copies of Covered Code you made available, the revenues you received from + utilizing such rights, and other relevant factors. You agree to work with + affected parties to distribute responsibility on an equitable basis. + +EXHIBIT A. + + ``The contents of this file are subject to the Mozilla Public License + Version 1.0 (the "License"); you may not use this file except in compliance + with the License. You may obtain a copy of the License at + http://www.mozilla.org/MPL/ + + Software distributed under the License is distributed on an "AS IS" basis, + WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License + for the specific language governing rights and limitations under the License. + + The Original Code is ______________________________________. + + The Initial Developer of the Original Code is ________________________. + Portions created by ______________________ are + Copyright (C) ______ _______________________. All Rights Reserved. + + Contributor(s): ______________________________________.'' + ____ @@ -1048,217 +1048,217 @@ mentioned above can also be found at htt -------------------------------------------------------------------------- -Common Public License Version 0.5 -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 +Common Public License Version 0.5 +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. ____ @@ -1266,219 +1266,219 @@ ____ For CoinMP: - CPL 1.0 -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. +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. ____