10 |
12 |
11 1. DEFINITIONS |
13 1. DEFINITIONS |
12 |
14 |
13 "Contribution" means: |
15 "Contribution" means: |
14 |
16 |
15 a) in the case of the initial Contributor, the initial code and |
17 a) in the case of the initial Contributor, the initial code and |
16 documentation distributed under this Agreement, and |
18 documentation distributed under this Agreement, and |
17 |
19 b) in the case of each subsequent Contributor: |
18 b) in the case of each subsequent Contributor: |
20 |
19 |
21 i) changes to the Program, and |
20 i) changes to the Program, and |
22 |
21 |
23 ii) additions to the Program; |
22 ii) additions to the Program; |
24 |
23 |
25 where such changes and/or additions to the Program originate from and are |
24 where such changes and/or additions to the Program originate from and are |
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25 distributed by that particular Contributor. A Contribution 'originates' from a |
26 distributed by that particular Contributor. A Contribution 'originates' from a |
26 Contributor if it was added to the Program by such Contributor itself or anyone |
27 Contributor if it was added to the Program by such Contributor itself or anyone |
27 acting on such Contributor's behalf. Contributions do not include additions to |
28 acting on such Contributor's behalf. Contributions do not include additions to |
28 the Program which: (i) are separate modules of software distributed in |
29 the Program which: (i) are separate modules of software distributed in |
29 conjunction with the Program under their own license agreement, and (ii) are not |
30 conjunction with the Program under their own license agreement, and (ii) are |
30 derivative works of the Program. |
31 not derivative works of the Program. |
31 |
32 |
32 "Contributor" means any person or entity that distributes the Program. |
33 "Contributor" means any person or entity that distributes the Program. |
33 |
34 |
34 "Licensed Patents " mean patent claims licensable by a Contributor which are |
35 "Licensed Patents " mean patent claims licensable by a Contributor which are |
35 necessarily infringed by the use or sale of its Contribution alone or when |
36 necessarily infringed by the use or sale of its Contribution alone or when |
40 "Recipient" means anyone who receives the Program under this Agreement, |
41 "Recipient" means anyone who receives the Program under this Agreement, |
41 including all Contributors. |
42 including all Contributors. |
42 |
43 |
43 2. GRANT OF RIGHTS |
44 2. GRANT OF RIGHTS |
44 |
45 |
45 a) Subject to the terms of this Agreement, each Contributor hereby grants |
46 a) Subject to the terms of this Agreement, each Contributor hereby grants |
46 Recipient a non-exclusive, worldwide, royalty-free copyright license to |
47 Recipient a non-exclusive, worldwide, royalty-free copyright license to |
47 reproduce, prepare derivative works of, publicly display, publicly perform, |
48 reproduce, prepare derivative works of, publicly display, publicly perform, |
48 distribute and sublicense the Contribution of such Contributor, if any, and such |
49 distribute and sublicense the Contribution of such Contributor, if any, and |
49 derivative works, in source code and object code form. |
50 such derivative works, in source code and object code form. |
50 |
51 |
51 b) Subject to the terms of this Agreement, each Contributor hereby grants |
52 b) Subject to the terms of this Agreement, each Contributor hereby grants |
52 Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed |
53 Recipient a non-exclusive, worldwide, royalty-free patent license under |
53 Patents to make, use, sell, offer to sell, import and otherwise transfer the |
54 Licensed Patents to make, use, sell, offer to sell, import and otherwise |
54 Contribution of such Contributor, if any, in source code and object code form. |
55 transfer the Contribution of such Contributor, if any, in source code and |
55 This patent license shall apply to the combination of the Contribution and the |
56 object code form. This patent license shall apply to the combination of the |
56 Program if, at the time the Contribution is added by the Contributor, such |
57 Contribution and the Program if, at the time the Contribution is added by the |
57 addition of the Contribution causes such combination to be covered by the |
58 Contributor, such addition of the Contribution causes such combination to be |
58 Licensed Patents. The patent license shall not apply to any other combinations |
59 covered by the Licensed Patents. The patent license shall not apply to any |
59 which include the Contribution. No hardware per se is licensed hereunder. |
60 other combinations which include the Contribution. No hardware per se is |
60 |
61 licensed hereunder. |
61 c) Recipient understands that although each Contributor grants the licenses |
62 |
62 to its Contributions set forth herein, no assurances are provided by any |
63 c) Recipient understands that although each Contributor grants the |
63 Contributor that the Program does not infringe the patent or other intellectual |
64 licenses to its Contributions set forth herein, no assurances are provided by |
64 property rights of any other entity. Each Contributor disclaims any liability to |
65 any Contributor that the Program does not infringe the patent or other |
65 Recipient for claims brought by any other entity based on infringement of |
66 intellectual property rights of any other entity. Each Contributor disclaims |
66 intellectual property rights or otherwise. As a condition to exercising the |
67 any liability to Recipient for claims brought by any other entity based on |
67 rights and licenses granted hereunder, each Recipient hereby assumes sole |
68 infringement of intellectual property rights or otherwise. As a condition to |
68 responsibility to secure any other intellectual property rights needed, if any. |
69 exercising the rights and licenses granted hereunder, each Recipient hereby |
69 For example, if a third party patent license is required to allow Recipient to |
70 assumes sole responsibility to secure any other intellectual property rights |
70 distribute the Program, it is Recipient's responsibility to acquire that license |
71 needed, if any. For example, if a third party patent license is required to |
71 before distributing the Program. |
72 allow Recipient to distribute the Program, it is Recipient's responsibility to |
72 |
73 acquire that license before distributing the Program. |
73 d) Each Contributor represents that to its knowledge it has sufficient |
74 |
74 copyright rights in its Contribution, if any, to grant the copyright license set |
75 d) Each Contributor represents that to its knowledge it has sufficient |
75 forth in this Agreement. |
76 copyright rights in its Contribution, if any, to grant the copyright license |
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77 set forth in this Agreement. |
76 |
78 |
77 3. REQUIREMENTS |
79 3. REQUIREMENTS |
78 |
80 |
79 A Contributor may choose to distribute the Program in object code form under its |
81 A Contributor may choose to distribute the Program in object code form under |
80 own license agreement, provided that: |
82 its own license agreement, provided that: |
81 |
83 |
82 a) it complies with the terms and conditions of this Agreement; and |
84 a) it complies with the terms and conditions of this Agreement; and |
83 |
85 |
84 b) its license agreement: |
86 b) its license agreement: |
85 |
87 |
86 i) effectively disclaims on behalf of all Contributors all warranties and |
88 i) effectively disclaims on behalf of all Contributors all warranties and |
87 conditions, express and implied, including warranties or conditions of title and |
89 conditions, express and implied, including warranties or conditions of title |
88 non-infringement, and implied warranties or conditions of merchantability and |
90 and non-infringement, and implied warranties or conditions of merchantability |
89 fitness for a particular purpose; |
91 and fitness for a particular purpose; |
90 |
92 |
91 ii) effectively excludes on behalf of all Contributors all liability for |
93 ii) effectively excludes on behalf of all Contributors all liability for |
92 damages, including direct, indirect, special, incidental and consequential |
94 damages, including direct, indirect, special, incidental and consequential |
93 damages, such as lost profits; |
95 damages, such as lost profits; |
94 |
96 |
95 iii) states that any provisions which differ from this Agreement are offered |
97 iii) states that any provisions which differ from this Agreement are |
96 by that Contributor alone and not by any other party; and |
98 offered by that Contributor alone and not by any other party; and |
97 |
99 |
98 iv) states that source code for the Program is available from such |
100 iv) states that source code for the Program is available from such |
99 Contributor, and informs licensees how to obtain it in a reasonable manner on or |
101 Contributor, and informs licensees how to obtain it in a reasonable manner on |
100 through a medium customarily used for software exchange. |
102 or through a medium customarily used for software exchange. |
101 |
103 |
102 When the Program is made available in source code form: |
104 When the Program is made available in source code form: |
103 |
105 |
104 a) it must be made available under this Agreement; and |
106 a) it must be made available under this Agreement; and |
105 |
107 |
106 b) a copy of this Agreement must be included with each copy of the Program. |
108 b) a copy of this Agreement must be included with each copy of the |
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109 Program. |
107 |
110 |
108 Contributors may not remove or alter any copyright notices contained within the |
111 Contributors may not remove or alter any copyright notices contained within the |
109 Program. |
112 Program. |
110 |
113 |
111 Each Contributor must identify itself as the originator of its Contribution, if |
114 Each Contributor must identify itself as the originator of its Contribution, if |
127 extent caused by the acts or omissions of such Commercial Contributor in |
130 extent caused by the acts or omissions of such Commercial Contributor in |
128 connection with its distribution of the Program in a commercial product |
131 connection with its distribution of the Program in a commercial product |
129 offering. The obligations in this section do not apply to any claims or Losses |
132 offering. The obligations in this section do not apply to any claims or Losses |
130 relating to any actual or alleged intellectual property infringement. In order |
133 relating to any actual or alleged intellectual property infringement. In order |
131 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial |
134 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial |
132 Contributor in writing of such claim, and b) allow the Commercial Contributor to |
135 Contributor in writing of such claim, and b) allow the Commercial Contributor |
133 control, and cooperate with the Commercial Contributor in, the defense and any |
136 to control, and cooperate with the Commercial Contributor in, the defense and |
134 related settlement negotiations. The Indemnified Contributor may participate in |
137 any related settlement negotiations. The Indemnified Contributor may |
135 any such claim at its own expense. |
138 participate in any such claim at its own expense. |
136 |
139 |
137 For example, a Contributor might include the Program in a commercial product |
140 For example, a Contributor might include the Program in a commercial product |
138 offering, Product X. That Contributor is then a Commercial Contributor. If that |
141 offering, Product X. That Contributor is then a Commercial Contributor. If that |
139 Commercial Contributor then makes performance claims, or offers warranties |
142 Commercial Contributor then makes performance claims, or offers warranties |
140 related to Product X, those performance claims and warranties are such |
143 related to Product X, those performance claims and warranties are such |
148 |
151 |
149 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN |
152 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN |
150 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
153 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
151 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
154 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
152 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each |
155 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each |
153 Recipient is solely responsible for determining the appropriateness of using and |
156 Recipient is solely responsible for determining the appropriateness of using |
154 distributing the Program and assumes all risks associated with its exercise of |
157 and distributing the Program and assumes all risks associated with its exercise |
155 rights under this Agreement, including but not limited to the risks and costs of |
158 of rights under this Agreement, including but not limited to the risks and |
156 program errors, compliance with applicable laws, damage to or loss of data, |
159 costs of program errors, compliance with applicable laws, damage to or loss of |
157 programs or equipment, and unavailability or interruption of operations. |
160 data, programs or equipment, and unavailability or interruption of operations. |
158 |
161 |
159 6. DISCLAIMER OF LIABILITY |
162 6. DISCLAIMER OF LIABILITY |
160 |
163 |
161 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
164 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
162 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
165 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
163 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
166 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
164 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
167 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
165 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY |
168 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY |
166 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
169 WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
167 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
170 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
168 |
171 |
169 7. GENERAL |
172 7. GENERAL |
170 |
173 |
171 If any provision of this Agreement is invalid or unenforceable under applicable |
174 If any provision of this Agreement is invalid or unenforceable under applicable |
174 provision shall be reformed to the minimum extent necessary to make such |
177 provision shall be reformed to the minimum extent necessary to make such |
175 provision valid and enforceable. |
178 provision valid and enforceable. |
176 |
179 |
177 If Recipient institutes patent litigation against a Contributor with respect to |
180 If Recipient institutes patent litigation against a Contributor with respect to |
178 a patent applicable to software (including a cross-claim or counterclaim in a |
181 a patent applicable to software (including a cross-claim or counterclaim in a |
179 lawsuit), then any patent licenses granted by that Contributor to such Recipient |
182 lawsuit), then any patent licenses granted by that Contributor to such |
180 under this Agreement shall terminate as of the date such litigation is filed. In |
183 Recipient under this Agreement shall terminate as of the date such litigation |
181 addition, if Recipient institutes patent litigation against any entity |
184 is filed. In addition, if Recipient institutes patent litigation against any |
182 (including a cross-claim or counterclaim in a lawsuit) alleging that the Program |
185 entity (including a cross-claim or counterclaim in a lawsuit) alleging that the |
183 itself (excluding combinations of the Program with other software or hardware) |
186 Program itself (excluding combinations of the Program with other software or |
184 infringes such Recipient's patent(s), then such Recipient's rights granted under |
187 hardware) infringes such Recipient's patent(s), then such Recipient's rights |
185 Section 2(b) shall terminate as of the date such litigation is filed. |
188 granted under Section 2(b) shall terminate as of the date such litigation is |
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189 filed. |
186 |
190 |
187 All Recipient's rights under this Agreement shall terminate if it fails to |
191 All Recipient's rights under this Agreement shall terminate if it fails to |
188 comply with any of the material terms or conditions of this Agreement and does |
192 comply with any of the material terms or conditions of this Agreement and does |
189 not cure such failure in a reasonable period of time after becoming aware of |
193 not cure such failure in a reasonable period of time after becoming aware of |
190 such noncompliance. If all Recipient's rights under this Agreement terminate, |
194 such noncompliance. If all Recipient's rights under this Agreement terminate, |
191 Recipient agrees to cease use and distribution of the Program as soon as |
195 Recipient agrees to cease use and distribution of the Program as soon as |
192 reasonably practicable. However, Recipient's obligations under this Agreement |
196 reasonably practicable. However, Recipient's obligations under this Agreement |
193 and any licenses granted by Recipient relating to the Program shall continue and |
197 and any licenses granted by Recipient relating to the Program shall continue |
194 survive. |
198 and survive. |
195 |
199 |
196 Everyone is permitted to copy and distribute copies of this Agreement, but in |
200 Everyone is permitted to copy and distribute copies of this Agreement, but in |
197 order to avoid inconsistency the Agreement is copyrighted and may only be |
201 order to avoid inconsistency the Agreement is copyrighted and may only be |
198 modified in the following manner. The Agreement Steward reserves the right to |
202 modified in the following manner. The Agreement Steward reserves the right to |
199 publish new versions (including revisions) of this Agreement from time to time. |
203 publish new versions (including revisions) of this Agreement from time to time. |
200 No one other than the Agreement Steward has the right to modify this Agreement. |
204 No one other than the Agreement Steward has the right to modify this Agreement. |
201 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve |
205 IBM is the initial Agreement Steward. IBM may assign the responsibility to |
202 as the Agreement Steward to a suitable separate entity. Each new version of the |
206 serve as the Agreement Steward to a suitable separate entity. Each new version |
203 Agreement will be given a distinguishing version number. The Program (including |
207 of the Agreement will be given a distinguishing version number. The Program |
204 Contributions) may always be distributed subject to the version of the Agreement |
208 (including Contributions) may always be distributed subject to the version of |
205 under which it was received. In addition, after a new version of the Agreement |
209 the Agreement under which it was received. In addition, after a new version of |
206 is published, Contributor may elect to distribute the Program (including its |
210 the Agreement is published, Contributor may elect to distribute the Program |
207 Contributions) under the new version. Except as expressly stated in Sections |
211 (including its Contributions) under the new version. Except as expressly stated |
208 2(a) and 2(b) above, Recipient receives no rights or licenses to the |
212 in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to |
209 intellectual property of any Contributor under this Agreement, whether |
213 the intellectual property of any Contributor under this Agreement, whether |
210 expressly, by implication, estoppel or otherwise. All rights in the Program not |
214 expressly, by implication, estoppel or otherwise. All rights in the Program not |
211 expressly granted under this Agreement are reserved. |
215 expressly granted under this Agreement are reserved. |
212 |
216 |
213 This Agreement is governed by the laws of the State of New York and the |
217 This Agreement is governed by the laws of the State of New York and the |
214 intellectual property laws of the United States of America. No party to this |
218 intellectual property laws of the United States of America. No party to this |
215 Agreement will bring a legal action under this Agreement more than one year |
219 Agreement will bring a legal action under this Agreement more than one year |
216 after the cause of action arose. Each party waives its rights to a jury trial in |
220 after the cause of action arose. Each party waives its rights to a jury trial |
217 any resulting litigation. |
221 in any resulting litigation. |
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222 |
218 -------------------------------------------------------------------------------- |
223 -------------------------------------------------------------------------------- |
219 |
224 |
220 BSD License |
225 BSD License |
221 |
226 |
222 Copyright (c) 2000-2006, www.hamcrest.org |
227 Copyright (c) 2000-2006, www.hamcrest.org |