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-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:
-
- a) in the case of International Business Machines Corporation ("IBM"), the Original Program, and
-
- b) in the case of each 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 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
-
- 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:
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- 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.
-
- Each Contributor must include the following in a conspicuous location in the Program:
-
- Copyright © {date here}, 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.
-
projects / xmlgraphics-fop.git / commitdiff