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diff --git a/meta/files/common-licenses/IPL-1.0 b/meta/files/common-licenses/IPL-1.0 new file mode 100644 index 0000000000..2b136c9b35 --- /dev/null +++ b/meta/files/common-licenses/IPL-1.0 @@ -0,0 +1,213 @@ + +IBM Public License Version 1.0 + +THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM +PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION +OF THE PROGRAM CONSTITUTES RECIPIENT`S ACCEPTANCE OF THIS AGREEMENT. + +1. DEFINITIONS +"Contribution" means: + +in the case of International Business Machines Corporation ("IBM"), the Original Program, and +in the case of each Contributor, +changes to the Program, and +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 IBM and any other 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. + +"Original Program" means the original version of the software +accompanying this Agreement as released by IBM, including source +code, object code and documentation, if any. + +"Program" means the Original Program and Contributions. + +"Recipient" means anyone who receives the Program under this +Agreement, including all Contributors. + +2. GRANT OF RIGHTS +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. +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. + +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. +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: + +it complies with the terms and conditions of this Agreement; and +its license agreement: +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; +effectively excludes on behalf of all Contributors all liability +for damages, including direct, indirect, special, incidental and +consequential damages, such as lost profits; +states that any provisions which differ from this Agreement are +offered by that Contributor alone and not by any other party; and + +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: + +it must be made available under this Agreement; and +a copy of this Agreement must be included with each copy of the +Program. +Each Contributor must include the following in a conspicuous location in the Program: + +Copyright (C) 1996, 1999 International Business Machines Corporation and others. All Rights Reserved. + +In addition, 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. + +IBM may publish new versions (including revisions) of this Agreement +from time to time. 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. No one +other than IBM has the right to modify this Agreement. 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. + |