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diff --git a/legal/LICENSE.junit b/legal/LICENSE.junit deleted file mode 100644 index fbd1e2040c..0000000000 --- a/legal/LICENSE.junit +++ /dev/null @@ -1,185 +0,0 @@ - -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. |