author | Jiri Sasek <Jiri.Sasek@Oracle.COM> |
Wed, 26 Mar 2014 13:35:48 -0700 | |
branch | s11-update |
changeset 3036 | 19bbecc872de |
parent 789 | 5f074ca23733 |
child 1781 | d7603a31fdd3 |
child 3145 | 3492f9a5c340 |
permissions | -rw-r--r-- |
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Common Public License Version 1.0 |
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[OSI Approved License] |
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|
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC |
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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
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CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
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|
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1. DEFINITIONS |
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"Contribution" means: |
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|
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a) in the case of the initial Contributor, the initial code and |
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documentation distributed under this Agreement, and |
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|
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b) in the case of each subsequent Contributor: |
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|
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i) changes to the Program, and |
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|
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ii) additions to the Program; |
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|
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where such changes and/or additions to the Program originate from and are |
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distributed by that particular Contributor. A Contribution 'originates' from a |
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Contributor if it was added to the Program by such Contributor itself or anyone |
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acting on such Contributor's behalf. Contributions do not include additions to |
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the Program which: (i) are separate modules of software distributed in |
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conjunction with the Program under their own license agreement, and (ii) are not |
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derivative works of the Program. |
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|
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"Contributor" means any person or entity that distributes the Program. |
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|
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"Licensed Patents " mean patent claims licensable by a Contributor which are |
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necessarily infringed by the use or sale of its Contribution alone or when |
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combined with the Program. |
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|
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"Program" means the Contributions distributed in accordance with this Agreement. |
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|
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"Recipient" means anyone who receives the Program under this Agreement, |
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including all Contributors. |
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2. GRANT OF RIGHTS |
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a) Subject to the terms of this Agreement, each Contributor hereby grants |
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Recipient a non-exclusive, worldwide, royalty-free copyright license to |
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reproduce, prepare derivative works of, publicly display, publicly perform, |
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distribute and sublicense the Contribution of such Contributor, if any, and such |
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derivative works, in source code and object code form. |
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b) Subject to the terms of this Agreement, each Contributor hereby grants |
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Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed |
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Patents to make, use, sell, offer to sell, import and otherwise transfer the |
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Contribution of such Contributor, if any, in source code and object code form. |
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This patent license shall apply to the combination of the Contribution and the |
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Program if, at the time the Contribution is added by the Contributor, such |
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addition of the Contribution causes such combination to be covered by the |
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Licensed Patents. The patent license shall not apply to any other combinations |
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which include the Contribution. No hardware per se is licensed hereunder. |
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c) Recipient understands that although each Contributor grants the licenses |
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to its Contributions set forth herein, no assurances are provided by any |
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Contributor that the Program does not infringe the patent or other intellectual |
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property rights of any other entity. Each Contributor disclaims any liability to |
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Recipient for claims brought by any other entity based on infringement of |
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intellectual property rights or otherwise. As a condition to exercising the |
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rights and licenses granted hereunder, each Recipient hereby assumes sole |
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responsibility to secure any other intellectual property rights needed, if any. |
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For example, if a third party patent license is required to allow Recipient to |
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distribute the Program, it is Recipient's responsibility to acquire that license |
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before distributing the Program. |
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|
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d) Each Contributor represents that to its knowledge it has sufficient |
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copyright rights in its Contribution, if any, to grant the copyright license set |
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forth in this Agreement. |
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3. REQUIREMENTS |
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A Contributor may choose to distribute the Program in object code form under its |
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own license agreement, provided that: |
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a) it complies with the terms and conditions of this Agreement; and |
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b) its license agreement: |
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i) effectively disclaims on behalf of all Contributors all warranties and |
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conditions, express and implied, including warranties or conditions of title and |
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non-infringement, and implied warranties or conditions of merchantability and |
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fitness for a particular purpose; |
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ii) effectively excludes on behalf of all Contributors all liability for |
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damages, including direct, indirect, special, incidental and consequential |
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damages, such as lost profits; |
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iii) states that any provisions which differ from this Agreement are offered |
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by that Contributor alone and not by any other party; and |
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iv) states that source code for the Program is available from such |
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Contributor, and informs licensees how to obtain it in a reasonable manner on or |
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through a medium customarily used for software exchange. |
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When the Program is made available in source code form: |
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a) it must be made available under this Agreement; and |
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b) a copy of this Agreement must be included with each copy of the Program. |
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Contributors may not remove or alter any copyright notices contained within the |
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Program. |
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Each Contributor must identify itself as the originator of its Contribution, if |
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any, in a manner that reasonably allows subsequent Recipients to identify the |
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originator of the Contribution. |
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4. COMMERCIAL DISTRIBUTION |
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Commercial distributors of software may accept certain responsibilities with |
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respect to end users, business partners and the like. While this license is |
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intended to facilitate the commercial use of the Program, the Contributor who |
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|
117 |
includes the Program in a commercial product offering should do so in a manner |
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parents:
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|
118 |
which does not create potential liability for other Contributors. Therefore, if |
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parents:
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|
119 |
a Contributor includes the Program in a commercial product offering, such |
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parents:
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|
120 |
Contributor ("Commercial Contributor") hereby agrees to defend and indemnify |
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parents:
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|
121 |
every other Contributor ("Indemnified Contributor") against any losses, damages |
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parents:
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|
122 |
and costs (collectively "Losses") arising from claims, lawsuits and other legal |
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parents:
diff
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|
123 |
actions brought by a third party against the Indemnified Contributor to the |
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parents:
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|
124 |
extent caused by the acts or omissions of such Commercial Contributor in |
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parents:
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|
125 |
connection with its distribution of the Program in a commercial product |
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parents:
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|
126 |
offering. The obligations in this section do not apply to any claims or Losses |
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parents:
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|
127 |
relating to any actual or alleged intellectual property infringement. In order |
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parents:
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|
128 |
to qualify, an Indemnified Contributor must: a) promptly notify the Commercial |
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|
129 |
Contributor in writing of such claim, and b) allow the Commercial Contributor to |
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parents:
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|
130 |
control, and cooperate with the Commercial Contributor in, the defense and any |
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parents:
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|
131 |
related settlement negotiations. The Indemnified Contributor may participate in |
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parents:
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|
132 |
any such claim at its own expense. |
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parents:
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|
133 |
|
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
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|
134 |
For example, a Contributor might include the Program in a commercial product |
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parents:
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|
135 |
offering, Product X. That Contributor is then a Commercial Contributor. If that |
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parents:
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|
136 |
Commercial Contributor then makes performance claims, or offers warranties |
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parents:
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|
137 |
related to Product X, those performance claims and warranties are such |
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parents:
diff
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|
138 |
Commercial Contributor's responsibility alone. Under this section, the |
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parents:
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|
139 |
Commercial Contributor would have to defend claims against the other |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
140 |
Contributors related to those performance claims and warranties, and if a court |
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parents:
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|
141 |
requires any other Contributor to pay any damages as a result, the Commercial |
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parents:
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|
142 |
Contributor must pay those damages. |
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parents:
diff
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|
143 |
|
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
144 |
5. NO WARRANTY |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
145 |
|
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
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|
146 |
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN |
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parents:
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|
147 |
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
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parents:
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|
148 |
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
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parents:
diff
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|
149 |
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
150 |
Recipient is solely responsible for determining the appropriateness of using and |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
151 |
distributing the Program and assumes all risks associated with its exercise of |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
152 |
rights under this Agreement, including but not limited to the risks and costs of |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
153 |
program errors, compliance with applicable laws, damage to or loss of data, |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
154 |
programs or equipment, and unavailability or interruption of operations. |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
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|
155 |
|
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
156 |
6. DISCLAIMER OF LIABILITY |
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parents:
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|
157 |
|
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
158 |
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
159 |
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
160 |
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
161 |
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
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parents:
diff
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|
162 |
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY |
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parents:
diff
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|
163 |
OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
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parents:
diff
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|
164 |
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
165 |
|
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
166 |
7. GENERAL |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
167 |
|
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
168 |
If any provision of this Agreement is invalid or unenforceable under applicable |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
169 |
law, it shall not affect the validity or enforceability of the remainder of the |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
170 |
terms of this Agreement, and without further action by the parties hereto, such |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
171 |
provision shall be reformed to the minimum extent necessary to make such |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
172 |
provision valid and enforceable. |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
173 |
|
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
174 |
If Recipient institutes patent litigation against a Contributor with respect to |
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parents:
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|
175 |
a patent applicable to software (including a cross-claim or counterclaim in a |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
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|
176 |
lawsuit), then any patent licenses granted by that Contributor to such Recipient |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
177 |
under this Agreement shall terminate as of the date such litigation is filed. In |
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parents:
diff
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|
178 |
addition, if Recipient institutes patent litigation against any entity |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
179 |
(including a cross-claim or counterclaim in a lawsuit) alleging that the Program |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
180 |
itself (excluding combinations of the Program with other software or hardware) |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
181 |
infringes such Recipient's patent(s), then such Recipient's rights granted under |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
182 |
Section 2(b) shall terminate as of the date such litigation is filed. |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
183 |
|
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
184 |
All Recipient's rights under this Agreement shall terminate if it fails to |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
185 |
comply with any of the material terms or conditions of this Agreement and does |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
186 |
not cure such failure in a reasonable period of time after becoming aware of |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
187 |
such noncompliance. If all Recipient's rights under this Agreement terminate, |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
188 |
Recipient agrees to cease use and distribution of the Program as soon as |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
189 |
reasonably practicable. However, Recipient's obligations under this Agreement |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
190 |
and any licenses granted by Recipient relating to the Program shall continue and |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
191 |
survive. |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
192 |
|
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
193 |
Everyone is permitted to copy and distribute copies of this Agreement, but in |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
194 |
order to avoid inconsistency the Agreement is copyrighted and may only be |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
195 |
modified in the following manner. The Agreement Steward reserves the right to |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
196 |
publish new versions (including revisions) of this Agreement from time to time. |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
197 |
No one other than the Agreement Steward has the right to modify this Agreement. |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
198 |
IBM is the initial Agreement Steward. IBM may assign the responsibility to serve |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
199 |
as the Agreement Steward to a suitable separate entity. Each new version of the |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
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|
200 |
Agreement will be given a distinguishing version number. The Program (including |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
201 |
Contributions) may always be distributed subject to the version of the Agreement |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
202 |
under which it was received. In addition, after a new version of the Agreement |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
203 |
is published, Contributor may elect to distribute the Program (including its |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
204 |
Contributions) under the new version. Except as expressly stated in Sections |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
205 |
2(a) and 2(b) above, Recipient receives no rights or licenses to the |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
206 |
intellectual property of any Contributor under this Agreement, whether |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
207 |
expressly, by implication, estoppel or otherwise. All rights in the Program not |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
208 |
expressly granted under this Agreement are reserved. |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
209 |
|
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
210 |
This Agreement is governed by the laws of the State of New York and the |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
211 |
intellectual property laws of the United States of America. No party to this |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
212 |
Agreement will bring a legal action under this Agreement more than one year |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
213 |
after the cause of action arose. Each party waives its rights to a jury trial in |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
214 |
any resulting litigation. |
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Edwin Beasant <Edwin.Beasant@oracle.com>
parents:
diff
changeset
|
215 |