components/ksh93/ksh93.license
changeset 789 5f074ca23733
child 1781 d7603a31fdd3
child 3145 3492f9a5c340
--- /dev/null	Thu Jan 01 00:00:00 1970 +0000
+++ b/components/ksh93/ksh93.license	Mon Apr 23 08:30:27 2012 -0700
@@ -0,0 +1,215 @@
+Common Public License Version 1.0
+[OSI Approved License]
+
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
+LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
+CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
+
+1. DEFINITIONS
+
+"Contribution" means:
+
+a) in the case of the initial Contributor, the initial code and
+documentation distributed under this Agreement, and
+
+b) in the case of each subsequent Contributor:
+
+i) changes to the Program, and
+
+ii) additions to the Program;
+
+where such changes and/or additions to the Program originate from and are
+distributed by that particular Contributor. A Contribution 'originates' from a
+Contributor if it was added to the Program by such Contributor itself or anyone
+acting on such Contributor's behalf. Contributions do not include additions to
+the Program which: (i) are separate modules of software distributed in
+conjunction with the Program under their own license agreement, and (ii) are not
+derivative works of the Program.
+
+"Contributor" means any person or entity that distributes the Program.
+
+"Licensed Patents " mean patent claims licensable by a Contributor which are
+necessarily infringed by the use or sale of its Contribution alone or when
+combined with the Program.
+
+"Program" means the Contributions distributed in accordance with this Agreement.
+
+"Recipient" means anyone who receives the Program under this Agreement,
+	including all Contributors.
+
+	2. GRANT OF RIGHTS
+
+	a) Subject to the terms of this Agreement, each Contributor hereby grants
+	Recipient a non-exclusive, worldwide, royalty-free copyright license to
+	reproduce, prepare derivative works of, publicly display, publicly perform,
+	distribute and sublicense the Contribution of such Contributor, if any, and such
+	derivative works, in source code and object code form.
+
+	b) Subject to the terms of this Agreement, each Contributor hereby grants
+	Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
+	Patents to make, use, sell, offer to sell, import and otherwise transfer the
+	Contribution of such Contributor, if any, in source code and object code form.
+	This patent license shall apply to the combination of the Contribution and the
+	Program if, at the time the Contribution is added by the Contributor, such
+	addition of the Contribution causes such combination to be covered by the
+	Licensed Patents. The patent license shall not apply to any other combinations
+	which include the Contribution. No hardware per se is licensed hereunder.
+
+	c) Recipient understands that although each Contributor grants the licenses
+	to its Contributions set forth herein, no assurances are provided by any
+	Contributor that the Program does not infringe the patent or other intellectual
+	property rights of any other entity. Each Contributor disclaims any liability to
+	Recipient for claims brought by any other entity based on infringement of
+	intellectual property rights or otherwise. As a condition to exercising the
+	rights and licenses granted hereunder, each Recipient hereby assumes sole
+	responsibility to secure any other intellectual property rights needed, if any.
+	For example, if a third party patent license is required to allow Recipient to
+	distribute the Program, it is Recipient's responsibility to acquire that license
+	before distributing the Program.
+
+	d) Each Contributor represents that to its knowledge it has sufficient
+	copyright rights in its Contribution, if any, to grant the copyright license set
+	forth in this Agreement.
+
+	3. REQUIREMENTS
+
+	A Contributor may choose to distribute the Program in object code form under its
+	own license agreement, provided that:
+
+	a) it complies with the terms and conditions of this Agreement; and
+
+	b) its license agreement:
+
+	i) effectively disclaims on behalf of all Contributors all warranties and
+	conditions, express and implied, including warranties or conditions of title and
+	non-infringement, and implied warranties or conditions of merchantability and
+	fitness for a particular purpose;
+
+	ii) effectively excludes on behalf of all Contributors all liability for
+	damages, including direct, indirect, special, incidental and consequential
+	damages, such as lost profits;
+
+	iii) states that any provisions which differ from this Agreement are offered
+	by that Contributor alone and not by any other party; and
+
+	iv) states that source code for the Program is available from such
+	Contributor, and informs licensees how to obtain it in a reasonable manner on or
+	through a medium customarily used for software exchange.
+
+	When the Program is made available in source code form:
+
+	a) it must be made available under this Agreement; and
+
+	b) a copy of this Agreement must be included with each copy of the Program.
+
+	Contributors may not remove or alter any copyright notices contained within the
+	Program.
+
+	Each Contributor must identify itself as the originator of its Contribution, if
+	any, in a manner that reasonably allows subsequent Recipients to identify the
+	originator of the Contribution.
+
+	4. COMMERCIAL DISTRIBUTION
+
+	Commercial distributors of software may accept certain responsibilities with
+	respect to end users, business partners and the like. While this license is
+	intended to facilitate the commercial use of the Program, the Contributor who
+	includes the Program in a commercial product offering should do so in a manner
+	which does not create potential liability for other Contributors. Therefore, if
+	a Contributor includes the Program in a commercial product offering, such
+	Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
+	every other Contributor ("Indemnified Contributor") against any losses, damages
+	and costs (collectively "Losses") arising from claims, lawsuits and other legal
+	actions brought by a third party against the Indemnified Contributor to the
+	extent caused by the acts or omissions of such Commercial Contributor in
+	connection with its distribution of the Program in a commercial product
+	offering. The obligations in this section do not apply to any claims or Losses
+	relating to any actual or alleged intellectual property infringement. In order
+	to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
+	Contributor in writing of such claim, and b) allow the Commercial Contributor to
+	control, and cooperate with the Commercial Contributor in, the defense and any
+	related settlement negotiations. The Indemnified Contributor may participate in
+	any such claim at its own expense.
+
+	For example, a Contributor might include the Program in a commercial product
+	offering, Product X. That Contributor is then a Commercial Contributor. If that
+	Commercial Contributor then makes performance claims, or offers warranties
+	related to Product X, those performance claims and warranties are such
+	Commercial Contributor's responsibility alone. Under this section, the
+	Commercial Contributor would have to defend claims against the other
+	Contributors related to those performance claims and warranties, and if a court
+	requires any other Contributor to pay any damages as a result, the Commercial
+	Contributor must pay those damages.
+
+	5. NO WARRANTY
+
+	EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
+	"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
+	IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
+	NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
+	Recipient is solely responsible for determining the appropriateness of using and
+	distributing the Program and assumes all risks associated with its exercise of
+	rights under this Agreement, including but not limited to the risks and costs of
+	program errors, compliance with applicable laws, damage to or loss of data,
+	programs or equipment, and unavailability or interruption of operations.
+
+	6. DISCLAIMER OF LIABILITY
+
+	EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
+	CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
+	SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
+												  PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
+	STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
+	OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
+	GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
+
+	7. GENERAL
+
+	If any provision of this Agreement is invalid or unenforceable under applicable
+	law, it shall not affect the validity or enforceability of the remainder of the
+	terms of this Agreement, and without further action by the parties hereto, such
+	provision shall be reformed to the minimum extent necessary to make such
+	provision valid and enforceable.
+
+	If Recipient institutes patent litigation against a Contributor with respect to
+	a patent applicable to software (including a cross-claim or counterclaim in a
+									 lawsuit), then any patent licenses granted by that Contributor to such Recipient
+	under this Agreement shall terminate as of the date such litigation is filed. In
+	addition, if Recipient institutes patent litigation against any entity
+	(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
+	itself (excluding combinations of the Program with other software or hardware)
+infringes such Recipient's patent(s), then such Recipient's rights granted under
+Section 2(b) shall terminate as of the date such litigation is filed.
+
+All Recipient's rights under this Agreement shall terminate if it fails to
+comply with any of the material terms or conditions of this Agreement and does
+not cure such failure in a reasonable period of time after becoming aware of
+such noncompliance. If all Recipient's rights under this Agreement terminate,
+	 Recipient agrees to cease use and distribution of the Program as soon as
+	 reasonably practicable. However, Recipient's obligations under this Agreement
+	 and any licenses granted by Recipient relating to the Program shall continue and
+	 survive.
+
+	 Everyone is permitted to copy and distribute copies of this Agreement, but in
+	 order to avoid inconsistency the Agreement is copyrighted and may only be
+	 modified in the following manner. The Agreement Steward reserves the right to
+	 publish new versions (including revisions) of this Agreement from time to time.
+	 No one other than the Agreement Steward has the right to modify this Agreement.
+	 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
+	 as the Agreement Steward to a suitable separate entity. Each new version of the
+	 Agreement will be given a distinguishing version number. The Program (including
+																		   Contributions) may always be distributed subject to the version of the Agreement
+	 under which it was received. In addition, after a new version of the Agreement
+	 is published, Contributor may elect to distribute the Program (including its
+																	Contributions) under the new version. Except as expressly stated in Sections
+	 2(a) and 2(b) above, Recipient receives no rights or licenses to the
+	 intellectual property of any Contributor under this Agreement, whether
+	 expressly, by implication, estoppel or otherwise. All rights in the Program not
+	 expressly granted under this Agreement are reserved.
+
+	 This Agreement is governed by the laws of the State of New York and the
+	 intellectual property laws of the United States of America. No party to this
+	 Agreement will bring a legal action under this Agreement more than one year
+	 after the cause of action arose. Each party waives its rights to a jury trial in
+	 any resulting litigation.
+