1 1. The following files are available in source code form under the Common |
1 1. The follow files are available in source code form under the Eclipse |
2 Public License at: http://www2.research.att.com/~astopen/download. (The CPL |
2 Public License at: http://www2.research.att.com/~astopen/download. (The EPL |
3 license is reproduced below). |
3 license is reproduced below). |
4 |
4 |
5 2. All past Contributors to the Korn Shell 93 (ksh 93) disclaim all warranties |
5 2. All past Contributors to the Korn Shell 93 (ksh 93) disclaim all warranties |
6 and conditions, express and implied, including warranties or conditions of |
6 and conditions, express and implied, including warranties or conditions of |
7 title and non-infringement, and implied warranties or conditions of |
7 title and non-infringement, and implied warranties or conditions of |
8 merchantability and fitness for a particular purpose. In addition, such |
8 merchantability and fitness for a particular purpose. In addition, such |
9 Contributors are not liable for any damages, including direct, indirect, |
9 Contributors are not liable for any damages, including direct, indirect, |
10 special, incidental and consequential damages, such as lost profits. |
10 special, incidental and consequential damages, such as lost profits. |
11 |
11 |
12 3. Any provisions of the Oracle license agreement that differ from the Common |
12 3. Any provisions of the Oracle license agreement that differ from the Eclipse |
13 Public License are offered by Oracle alone and not by any other party. |
13 Public License are offered by Oracle alone and not by any other party. |
14 |
14 |
15 4. Oracle has modified the following files: lib/package/ast-base.pkg |
15 4. Oracle has modified the following files: lib/package/ast-base.pkg |
16 src/cmd/alias/alias.c src/cmd/alias/alias.h src/cmd/alias/Makefile |
16 src/cmd/alias/alias.c src/cmd/alias/alias.h src/cmd/alias/Makefile |
17 src/cmd/builtin/asa.c src/cmd/INIT/cc.sol11.i386 src/cmd/INIT/cc.sol11.i386-64 |
17 src/cmd/builtin/asa.c src/cmd/INIT/cc.sol11.i386 src/cmd/INIT/cc.sol11.i386-64 |
18 src/cmd/INIT/cc.sol11.sun4 src/cmd/INIT/cc.sol11.sun4-64 |
18 src/cmd/INIT/cc.sol11.sparc src/cmd/INIT/cc.sol11.sparc-64 |
19 src/cmd/INIT/regress.sh src/cmd/ksh93/bltins/cd_pwd.c |
19 src/cmd/INIT/regress.sh src/cmd/ksh93/bltins/alarm.c |
20 src/cmd/ksh93/bltins/typeset.c src/cmd/ksh93/data/builtins.c |
20 src/cmd/ksh93/bltins/cd_pwd.c src/cmd/ksh93/data/builtins.c |
21 src/cmd/ksh93/edit/edit.c src/cmd/ksh93/include/defs.h |
21 src/cmd/ksh93/edit/edit.c src/cmd/ksh93/include/defs.h |
22 src/cmd/ksh93/include/edit.h src/cmd/ksh93/include/io.h |
22 src/cmd/ksh93/include/edit.h src/cmd/ksh93/include/io.h |
23 src/cmd/ksh93/include/ulimit.h src/cmd/ksh93/Makefile src/cmd/ksh93/sh/args.c |
23 src/cmd/ksh93/Makefile src/cmd/ksh93/sh/args.c |
24 src/cmd/ksh93/sh/init.c src/cmd/ksh93/sh/io.c src/cmd/ksh93/sh/jobs.c |
24 src/cmd/ksh93/sh/array.c src/cmd/ksh93/sh/fault.c |
25 src/cmd/ksh93/sh/lex.c src/cmd/ksh93/sh/macro.c src/cmd/ksh93/sh/main.c |
25 src/cmd/ksh93/sh/init.c src/cmd/ksh93/sh/io.c |
26 src/cmd/ksh93/sh/name.c src/cmd/ksh93/sh/nvdisc.c src/cmd/ksh93/sh/nvtree.c |
26 src/cmd/ksh93/sh/jobs.c src/cmd/ksh93/sh/lex.c |
27 src/cmd/ksh93/sh/nvtype.c src/cmd/ksh93/sh/path.c src/cmd/ksh93/sh/subshell.c |
27 src/cmd/ksh93/sh/macro.c src/cmd/ksh93/sh/main.c |
28 src/cmd/ksh93/sh/xec.c src/cmd/ss/ssd.c src/lib/libast/comp/mkdir.c |
28 src/cmd/ksh93/sh/name.c src/cmd/ksh93/sh/nvdisc.c |
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29 src/cmd/ksh93/sh/nvtree.c src/cmd/ksh93/sh/nvtype.c |
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30 src/cmd/ksh93/sh/path.c src/cmd/ksh93/sh/streval.c |
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31 src/cmd/ksh93/sh/subshell.c src/cmd/ksh93/sh/xec.c |
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32 src/cmd/ss/ssd.c src/lib/libast/comp/mkdir.c |
29 src/lib/libast/comp/rmdir.c src/lib/libast/comp/setlocale.c |
33 src/lib/libast/comp/rmdir.c src/lib/libast/comp/setlocale.c |
30 src/lib/libast/port/astconf.c src/lib/libast/port/mnt.c |
34 src/lib/libast/port/astconf.c src/lib/libast/port/mnt.c |
31 src/lib/libast/sfio/sfmode.c src/lib/libast/sfio/sfstrtof.h |
35 src/lib/libast/sfio/sfmode.c src/lib/libast/sfio/sfstrtof.h |
32 src/lib/libcmd/cmp.c src/lib/libcmd/wclib.c |
36 src/lib/libcmd/cmp.c src/lib/libcmd/wclib.c |
33 |
37 |
34 5. These files are licensed in executable form under your Oracle license |
38 5. These files are licensed in executable form under your Oracle license |
35 agreement. Oracle is solely responsible for any representations and warranties |
39 agreement. Oracle is solely responsible for any representations and warranties |
36 contained therein. |
40 contained therein. |
37 |
41 |
38 6. |
|
39 |
42 |
40 +------------------------------------------------------------------------------+ |
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41 | This license covers all software that refers to the URL | |
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42 | http://www.opensource.org/licenses/bsd-license.php | |
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43 +------------------------------------------------------------------------------+ |
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44 |
43 |
45 The BSD License |
44 Eclipse Public License - v 1.0 |
46 |
45 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
47 Copyright (c) <YEAR>, <OWNER> |
46 1. DEFINITIONS |
48 All rights reserved. |
47 "Contribution" means: |
49 |
48 a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and |
50 Redistribution and use in source and binary forms, with or without |
49 b) in the case of each subsequent Contributor: |
51 modification, are permitted provided that the following conditions are |
50 i) changes to the Program, and |
52 met: |
51 ii) additions to the Program; |
53 |
52 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. |
54 * Redistributions of source code must retain the above copyright |
53 "Contributor" means any person or entity that distributes the Program. |
55 notice, this list of conditions and the following disclaimer. |
54 "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. |
56 * Redistributions in binary form must reproduce the above copyright |
55 "Program" means the Contributions distributed in accordance with this Agreement. |
57 notice, this list of conditions and the following disclaimer in the |
56 "Recipient" means anyone who receives the Program under this Agreement, including all Contributors. |
58 documentation and/or other materials provided with the |
57 2. GRANT OF RIGHTS |
59 distribution. |
58 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. |
60 * Neither the name of the <ORGANIZATION> nor the names of its |
59 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. |
61 contributors may be used to endorse or promote products derived |
60 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. |
62 from this software without specific prior written permission. |
61 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. |
63 |
62 3. REQUIREMENTS |
64 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS |
63 A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: |
65 IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED |
64 a) it complies with the terms and conditions of this Agreement; and |
66 TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A |
65 b) its license agreement: |
67 PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT |
66 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; |
68 HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
67 ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; |
69 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT |
68 iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and |
70 LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, |
69 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. |
71 DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY |
70 When the Program is made available in source code form: |
72 THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT |
71 a) it must be made available under this Agreement; and |
73 (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE |
72 b) a copy of this Agreement must be included with each copy of the Program. |
74 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
73 Contributors may not remove or alter any copyright notices contained within the Program. |
75 |
74 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. |
76 +------------------------------------------------------------------------------+ |
75 4. COMMERCIAL DISTRIBUTION |
77 | This license covers all software that refers to the URL | |
76 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. |
78 | http://www.opensource.org/licenses/cpl1.0.txt | |
77 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. |
79 +------------------------------------------------------------------------------+ |
78 5. NO WARRANTY |
80 |
79 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. |
81 Common Public License Version 1.0 |
80 6. DISCLAIMER OF LIABILITY |
82 |
81 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. |
83 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON |
82 7. GENERAL |
84 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF |
83 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. |
85 THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
84 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. |
86 |
85 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. |
87 1. DEFINITIONS |
86 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. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation 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. |
88 |
87 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. |
89 "Contribution" means: |
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90 |
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91 a) in the case of the initial Contributor, the initial code and |
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92 documentation distributed under this Agreement, and |
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93 |
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94 b) in the case of each subsequent Contributor: |
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95 |
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96 i) changes to the Program, and |
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97 |
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98 ii) additions to the Program; |
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99 |
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100 where such changes and/or additions to the Program originate from |
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101 and are distributed by that particular Contributor. A Contribution |
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102 'originates' from a Contributor if it was added to the Program by |
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103 such Contributor itself or anyone acting on such Contributor's |
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104 behalf. Contributions do not include additions to the Program |
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105 which: (i) are separate modules of software distributed in |
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106 conjunction with the Program under their own license agreement, and |
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107 (ii) are not derivative works of the Program. |
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108 |
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109 "Contributor" means any person or entity that distributes the Program. |
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110 |
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111 "Licensed Patents " mean patent claims licensable by a Contributor |
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112 which are necessarily infringed by the use or sale of its Contribution |
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113 alone or when combined with the Program. |
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114 |
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115 "Program" means the Contributions distributed in accordance with this |
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116 Agreement. |
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117 |
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118 "Recipient" means anyone who receives the Program under this |
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119 Agreement, including all Contributors. |
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120 |
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121 2. GRANT OF RIGHTS |
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122 |
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123 a) Subject to the terms of this Agreement, each Contributor hereby |
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124 grants Recipient a non-exclusive, worldwide, royalty-free copyright |
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125 license to reproduce, prepare derivative works of, publicly |
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126 display, publicly perform, distribute and sublicense the |
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127 Contribution of such Contributor, if any, and such derivative |
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128 works, in source code and object code form. |
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129 |
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130 b) Subject to the terms of this Agreement, each Contributor hereby |
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131 grants Recipient a non-exclusive, worldwide, royalty-free patent |
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132 license under Licensed Patents to make, use, sell, offer to sell, |
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133 import and otherwise transfer the Contribution of such Contributor, |
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134 if any, in source code and object code form. This patent license |
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135 shall apply to the combination of the Contribution and the Program |
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136 if, at the time the Contribution is added by the Contributor, such |
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137 addition of the Contribution causes such combination to be covered |
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138 by the Licensed Patents. The patent license shall not apply to any |
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139 other combinations which include the Contribution. No hardware per |
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140 se is licensed hereunder. |
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141 |
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142 c) Recipient understands that although each Contributor grants the |
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143 licenses to its Contributions set forth herein, no assurances are |
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144 provided by any Contributor that the Program does not infringe the |
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145 patent or other intellectual property rights of any other entity. |
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146 Each Contributor disclaims any liability to Recipient for claims |
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147 brought by any other entity based on infringement of intellectual |
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148 property rights or otherwise. As a condition to exercising the |
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149 rights and licenses granted hereunder, each Recipient hereby |
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150 assumes sole responsibility to secure any other intellectual |
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151 property rights needed, if any. For example, if a third party |
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152 patent license is required to allow Recipient to distribute the |
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153 Program, it is Recipient's responsibility to acquire that license |
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154 before distributing the Program. |
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155 |
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156 d) Each Contributor represents that to its knowledge it has |
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157 sufficient copyright rights in its Contribution, if any, to grant |
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158 the copyright license set forth in this Agreement. |
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159 |
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160 3. REQUIREMENTS |
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161 |
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162 A Contributor may choose to distribute the Program in object code form |
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163 under its own license agreement, provided that: |
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164 |
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165 a) it complies with the terms and conditions of this Agreement; and |
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166 |
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167 b) its license agreement: |
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168 |
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169 i) effectively disclaims on behalf of all Contributors all |
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170 warranties and conditions, express and implied, including |
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171 warranties or conditions of title and non-infringement, and implied |
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172 warranties or conditions of merchantability and fitness for a |
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173 particular purpose; |
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174 |
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175 ii) effectively excludes on behalf of all Contributors all |
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176 liability for damages, including direct, indirect, special, |
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177 incidental and consequential damages, such as lost profits; |
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178 |
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179 iii) states that any provisions which differ from this Agreement |
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180 are offered by that Contributor alone and not by any other party; |
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181 and |
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182 |
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183 iv) states that source code for the Program is available from such |
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184 Contributor, and informs licensees how to obtain it in a reasonable |
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185 manner on or through a medium customarily used for software |
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186 exchange. |
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187 |
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188 When the Program is made available in source code form: |
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189 |
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190 a) it must be made available under this Agreement; and |
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191 |
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192 b) a copy of this Agreement must be included with each copy of the |
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193 Program. |
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194 |
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195 Contributors may not remove or alter any copyright notices contained |
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196 within the Program. |
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197 |
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198 Each Contributor must identify itself as the originator of its |
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199 Contribution, if any, in a manner that reasonably allows subsequent |
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200 Recipients to identify the originator of the Contribution. |
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201 |
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202 4. COMMERCIAL DISTRIBUTION |
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203 |
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204 Commercial distributors of software may accept certain |
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205 responsibilities with respect to end users, business partners and the |
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206 like. While this license is intended to facilitate the commercial use |
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207 of the Program, the Contributor who includes the Program in a |
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208 commercial product offering should do so in a manner which does not |
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209 create potential liability for other Contributors. Therefore, if a |
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210 Contributor includes the Program in a commercial product offering, |
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211 such Contributor ("Commercial Contributor") hereby agrees to defend |
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212 and indemnify every other Contributor ("Indemnified Contributor") |
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213 against any losses, damages and costs (collectively "Losses") arising |
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214 from claims, lawsuits and other legal actions brought by a third party |
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215 against the Indemnified Contributor to the extent caused by the acts |
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216 or omissions of such Commercial Contributor in connection with its |
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217 distribution of the Program in a commercial product offering. The |
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218 obligations in this section do not apply to any claims or Losses |
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219 relating to any actual or alleged intellectual property infringement. |
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220 In order to qualify, an Indemnified Contributor must: a) promptly |
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221 notify the Commercial Contributor in writing of such claim, and b) |
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222 allow the Commercial Contributor to control, and cooperate with the |
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223 Commercial Contributor in, the defense and any related settlement |
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224 negotiations. The Indemnified Contributor may participate in any such |
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225 claim at its own expense. |
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226 |
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227 For example, a Contributor might include the Program in a commercial |
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228 product offering, Product X. That Contributor is then a Commercial |
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229 Contributor. If that Commercial Contributor then makes performance |
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230 claims, or offers warranties related to Product X, those performance |
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231 claims and warranties are such Commercial Contributor's responsibility |
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232 alone. Under this section, the Commercial Contributor would have to |
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233 defend claims against the other Contributors related to those |
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234 performance claims and warranties, and if a court requires any other |
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235 Contributor to pay any damages as a result, the Commercial Contributor |
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236 must pay those damages. |
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237 |
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238 5. NO WARRANTY |
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239 |
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240 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS |
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241 PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY |
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242 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY |
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243 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY |
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244 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely |
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245 responsible for determining the appropriateness of using and |
|
246 distributing the Program and assumes all risks associated with its |
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247 exercise of rights under this Agreement, including but not limited to |
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248 the risks and costs of program errors, compliance with applicable |
|
249 laws, damage to or loss of data, programs or equipment, and |
|
250 unavailability or interruption of operations. |
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251 |
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252 6. DISCLAIMER OF LIABILITY |
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253 |
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254 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR |
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255 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, |
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256 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
|
257 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF |
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258 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
|
259 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR |
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260 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED |
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261 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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262 |
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263 7. GENERAL |
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264 |
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265 If any provision of this Agreement is invalid or unenforceable under |
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266 applicable law, it shall not affect the validity or enforceability of |
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267 the remainder of the terms of this Agreement, and without further |
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268 action by the parties hereto, such provision shall be reformed to the |
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269 minimum extent necessary to make such provision valid and enforceable. |
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270 |
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271 If Recipient institutes patent litigation against a Contributor with |
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272 respect to a patent applicable to software (including a cross-claim or |
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273 counterclaim in a lawsuit), then any patent licenses granted by that |
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274 Contributor to such Recipient under this Agreement shall terminate as |
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275 of the date such litigation is filed. In addition, if Recipient |
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276 institutes patent litigation against any entity (including a |
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277 cross-claim or counterclaim in a lawsuit) alleging that the Program |
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278 itself (excluding combinations of the Program with other software or |
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279 hardware) infringes such Recipient's patent(s), then such Recipient's |
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280 rights granted under Section 2(b) shall terminate as of the date such |
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281 litigation is filed. |
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282 |
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283 All Recipient's rights under this Agreement shall terminate if it |
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284 fails to comply with any of the material terms or conditions of this |
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285 Agreement and does not cure such failure in a reasonable period of |
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286 time after becoming aware of such noncompliance. If all Recipient's |
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287 rights under this Agreement terminate, Recipient agrees to cease use |
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288 and distribution of the Program as soon as reasonably practicable. |
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289 However, Recipient's obligations under this Agreement and any licenses |
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290 granted by Recipient relating to the Program shall continue and |
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291 survive. |
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292 |
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293 Everyone is permitted to copy and distribute copies of this Agreement, |
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294 but in order to avoid inconsistency the Agreement is copyrighted and |
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295 may only be modified in the following manner. The Agreement Steward |
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296 reserves the right to publish new versions (including revisions) of |
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297 this Agreement from time to time. No one other than the Agreement |
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298 Steward has the right to modify this Agreement. IBM is the initial |
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299 Agreement Steward. IBM may assign the responsibility to serve as the |
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300 Agreement Steward to a suitable separate entity. Each new version of |
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301 the Agreement will be given a distinguishing version number. The |
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302 Program (including Contributions) may always be distributed subject to |
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303 the version of the Agreement under which it was received. In addition, |
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304 after a new version of the Agreement is published, Contributor may |
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305 elect to distribute the Program (including its Contributions) under |
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306 the new version. Except as expressly stated in Sections 2(a) and 2(b) |
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307 above, Recipient receives no rights or licenses to the intellectual |
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308 property of any Contributor under this Agreement, whether expressly, |
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309 by implication, estoppel or otherwise. All rights in the Program not |
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310 expressly granted under this Agreement are reserved. |
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311 |
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312 This Agreement is governed by the laws of the State of New York and |
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313 the intellectual property laws of the United States of America. No |
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314 party to this Agreement will bring a legal action under this Agreement |
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315 more than one year after the cause of action arose. Each party waives |
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316 its rights to a jury trial in any resulting litigation. |
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317 |
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318 Copyright (c) 2004 by the Open Source Initiative |
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319 This is a copy of the license posted on 2004-10-06 at: |
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320 http://www.opensource.org/licenses/cpl |
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321 |
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