diff options
author | Mark Johnson <mjohnson@apache.org> | 2002-03-03 22:12:11 +0000 |
---|---|---|
committer | Mark Johnson <mjohnson@apache.org> | 2002-03-03 22:12:11 +0000 |
commit | e2aea827adec9f0cb29fad2afb9e807fb43b4499 (patch) | |
tree | f5635e1e5716b15e34c1e0bcbfdec8b0550d87d6 /legal/LICENSE.junit | |
parent | 105d2859a05e7b2fb38dca0d320905d534ec0560 (diff) | |
download | poi-e2aea827adec9f0cb29fad2afb9e807fb43b4499.tar.gz poi-e2aea827adec9f0cb29fad2afb9e807fb43b4499.zip |
new files added for Ken
git-svn-id: https://svn.apache.org/repos/asf/jakarta/poi/trunk@352142 13f79535-47bb-0310-9956-ffa450edef68
Diffstat (limited to 'legal/LICENSE.junit')
-rw-r--r-- | legal/LICENSE.junit | 185 |
1 files changed, 185 insertions, 0 deletions
diff --git a/legal/LICENSE.junit b/legal/LICENSE.junit new file mode 100644 index 0000000000..fbd1e2040c --- /dev/null +++ b/legal/LICENSE.junit @@ -0,0 +1,185 @@ + +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: + 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. |