components/ksh93/ksh93.license
author Mike Sullivan <Mike.Sullivan@Oracle.COM>
Mon, 11 Mar 2013 10:38:09 -0700
branchs11-update
changeset 2520 ceec631e74d1
parent 789 5f074ca23733
child 1781 d7603a31fdd3
child 3145 3492f9a5c340
permissions -rw-r--r--
Close of build 10.

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.