Blame - testplugins/org.eclipse.jdt.ui.tests/ipl-v10.html - objectteams/org.eclipse.objectteams

Stephan Herrmann

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2010-04-01 22:07:48 +0000

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<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">

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<HTML><HEAD><TITLE>IBM Public License Version 1.0</TITLE>

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<TD vAlign=top> IBM Public

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License Version 1.0

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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF

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THIS IBM PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR

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DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS

AGREEMENT.

1. DEFINITIONS

"Contribution" means:

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<UL>a) in the case of International Business Machines

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Corporation ("IBM"), the Original Program, and </UL>

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<UL>b) in the case of each Contributor, </UL>

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<UL>i) changes to the Program, and</UL>

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<UL>ii) additions to the Program;</UL>

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<UL>where such changes and/or additions to the Program

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originate from and are distributed by that particular Contributor.

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A Contribution 'originates' from a Contributor if it

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was added to the Program by such Contributor itself or anyone acting on

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such Contributor's behalf. Contributions do not

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include additions to the Program which: (i) are separate modules of

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software distributed in conjunction with the Program under their own

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license agreement, and (ii) are not derivative works of the

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Program.</UL>

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"Contributor" means IBM and any other entity that

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distributes the Program.

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"Licensed Patents " mean patent claims licensable by a

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Contributor which are necessarily infringed by the use or sale of its

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Contribution alone or when combined with the Program.

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"Original Program" means the original version of the

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software accompanying this Agreement as released by IBM, including source

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code, object code and documentation, if any.

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"Program" means the Original Program

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and Contributions.

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"Recipient" means anyone who receives the Program under

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this Agreement, including all Contributors.

2. GRANT OF RIGHTS

<UL>a) Subject to

the terms of this Agreement, each Contributor hereby grants<FONT

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size=2> Recipient a non-exclusive, worldwide, royalty-free copyright

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license to reproduce,

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prepare derivative works of, publicly display, publicly perform,

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distribute and sublicense the Contribution of such Contributor, if any,

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and such derivative works, in source code and object code

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form.</UL>

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<UL>b) Subject to the terms of this

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Agreement, each Contributor hereby grants Recipient

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a non-exclusive, worldwide, <FONT

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size=2>royalty-free patent license under Licensed Patents to make, use,

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sell, offer to sell, import and otherwise transfer the Contribution of

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such Contributor, if any, in source code and object code form. This

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patent license shall apply to the combination of the Contribution and

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the Program if, at the time the Contribution is added by the

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Contributor, such addition of the Contribution causes such combination

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to be covered by the Licensed Patents. The patent license shall not

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apply to any other combinations which include the Contribution. No

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hardware per se is licensed hereunder. </UL>

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<UL>c) Recipient understands that although each Contributor

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grants the licenses to its Contributions set forth herein, no assurances

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are provided by any Contributor that the Program does not infringe the

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patent or other intellectual property rights of any other entity. Each

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Contributor disclaims any liability to Recipient for claims brought by

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any other entity based on infringement of intellectual property rights

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or otherwise. As a condition to exercising the rights and licenses

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granted hereunder, each Recipient hereby assumes sole responsibility to

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secure any other intellectual property rights needed, if any. For

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example, if a third party patent license is required to allow Recipient

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to distribute the Program, it is Recipient's responsibility to acquire

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that license before distributing the Program.</UL>

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<UL>d) Each Contributor represents that to its knowledge it

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has sufficient copyright rights in its Contribution, if any, to grant

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the copyright license set forth in this Agreement. </UL>

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3. REQUIREMENTS

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A Contributor may choose to distribute the Program

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in object code form under its own license agreement, provided that:

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<UL>a) it complies with the terms and conditions of this

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Agreement; and</UL>

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<UL>b) its license agreement:</UL>

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<UL>i) effectively disclaims on behalf of all Contributors

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all warranties and conditions, express and implied, including warranties

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or conditions of title and non-infringement, and implied warranties or

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conditions of merchantability and fitness for a particular purpose;

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</UL>

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<UL>ii) effectively excludes on behalf of all Contributors

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all liability for damages, including direct, indirect, special,

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incidental and consequential damages, such as lost profits; </UL>

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<UL>iii) states that any provisions which differ from this

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Agreement are offered by that Contributor alone and not by any other

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party; and</UL>

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<UL>iv) states that source code for the Program is

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available from such Contributor, and informs licensees how to obtain it

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in a reasonable manner on or through a medium customarily used for

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software exchange. <FONT

color=#ff0000></UL>

<UL><FONT

size=2></UL>

When the Program is made available in source code

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form:

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<UL>a) it must be made available under this Agreement; and

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</UL>

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<UL>b) a copy of this Agreement must be included with each

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copy of the Program. </UL>

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Each

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Contributor must include the following in a conspicuous location in the

Program:

color=green>{date here}, International

</UL>

In addition, each Contributor must identify itself as the

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originator of its Contribution, if any, in a manner that reasonably allows

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subsequent Recipients to identify the originator of the Contribution.

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4. COMMERCIAL DISTRIBUTION

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Commercial distributors of software may accept certain

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responsibilities with respect to end users, business partners and the

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like. While this license is intended to facilitate the commercial use of

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the Program, the Contributor who includes the Program in a commercial

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product offering should do so in a manner which does not create potential

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liability for other Contributors. Therefore, if a Contributor includes the

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Program in a commercial product offering, such Contributor ("Commercial

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Contributor") hereby agrees to defend and indemnify every other

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Contributor ("Indemnified Contributor") against any losses, damages and

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costs (collectively "Losses") arising from claims, lawsuits and other

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legal actions brought by a third party against the Indemnified Contributor

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to the extent caused by the acts or omissions of such Commercial

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Contributor in connection with its distribution of the Program in a

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commercial product offering. The obligations in this section do not apply

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to any claims or Losses relating to any actual or alleged intellectual

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property infringement. In order to qualify, an Indemnified Contributor

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must: a) promptly notify the Commercial Contributor in writing of such

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claim, and b) allow the Commercial Contributor to control, and cooperate

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with the Commercial Contributor in, the defense and any related settlement

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negotiations. The Indemnified Contributor may participate in any such

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claim at its own expense.

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For example, a Contributor might include the Program in a

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commercial product offering, Product X. That Contributor is then a

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Commercial Contributor. If that Commercial Contributor then makes

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performance claims, or offers warranties related to Product X, those

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performance claims and warranties are such Commercial Contributor's

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responsibility alone. Under this section, the Commercial Contributor would

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have to defend claims against the other Contributors related to those

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performance claims and warranties, and if a court requires any other

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Contributor to pay any damages as a result, the Commercial Contributor

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must pay those damages.

5. NO

WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE

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PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS

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OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY

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WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR

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FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is

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solely responsible for determining the appropriateness of using and

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distributing the Program and

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assumes all risks associated with its exercise of rights under this

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Agreement, including but not limited to the risks and

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costs of program errors, compliance with applicable laws, damage to or

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loss of data, programs or equipment, and

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unavailability or interruption of operations.

6. DISCLAIMER OF

LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS

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AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY

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FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

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DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON

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ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT

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(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR

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DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED

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HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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7. GENERAL

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If any provision of this Agreement is

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invalid or unenforceable under applicable law, it shall not affect the

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validity or enforceability of the remainder of the terms of this

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Agreement, and without further action by the parties hereto, such

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provision shall be reformed to the minimum extent necessary to make such

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provision valid and enforceable.

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If Recipient institutes patent litigation against a

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Contributor with respect to a patent applicable to software (including a

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cross-claim or counterclaim in a lawsuit), then any patent licenses

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granted by that Contributor to such Recipient under this Agreement shall

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terminate as of the date such litigation is filed. In addition, If

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Recipient institutes patent litigation against any entity (including a

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cross-claim or counterclaim in a lawsuit) alleging that the Program itself

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(excluding combinations of the Program with other software or hardware)

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infringes such Recipient's patent(s), then such Recipient's rights granted

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under Section 2(b) shall terminate as of the date such litigation is

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filed.

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All Recipient's rights under this Agreement shall

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terminate if it fails to comply with any of the material terms or

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conditions of this Agreement and does not cure such failure in a

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reasonable period of time after becoming aware of such noncompliance. If

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all Recipient's rights under this Agreement terminate, Recipient agrees to

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cease use and distribution of the Program as soon as reasonably

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practicable. However, Recipient's obligations under this Agreement and any

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licenses granted by Recipient relating to the Program shall continue and

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survive.

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IBM may publish new versions

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(including revisions) of this Agreement from time to time. Each new

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version of the Agreement will be given a distinguishing version number.

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The Program (including Contributions) may always be distributed subject to

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the version of the Agreement under which it was received. In addition,

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after a new version of the Agreement is published, Contributor may elect

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to distribute the Program (including its Contributions) under the new

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version. No one other than IBM has the right to modify this

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Agreement. Except as expressly

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stated in Sections 2(a) and 2(b) above, Recipient receives no rights or

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licenses to the intellectual property of any Contributor under this

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Agreement, whether expressly, by implication, estoppel

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or otherwise. All rights in the

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Program not expressly granted under this Agreement are reserved.

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This Agreement is governed by the laws of the State of New

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York and the intellectual property laws of the United States of America.

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No party to this Agreement will bring a legal action under this Agreement

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more than one year after the cause of action arose.

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Each party waives its rights to a jury trial in any resulting litigation.

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