src/packaging/MacOS/License.rtf

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   7
   8 \f0\fs20 \cf0    IBM Public License Version 1.0\
   9    \
  10
  11 \f1    THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM\
  12    PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF\
  13    THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.\
  14
  15 \f0\fs16    \
  16
  17 \fs20    1. DEFINITIONS\
  18    \
  19    "Contribution" means:\
  20    a) in the case of International Business Machines Corporation ("IBM"),\
  21        the Original Program, and\
  22        \
  23    b) in the case of each Contributor,\
  24        \
  25    i) changes to the Program, and\
  26        \
  27    ii) additions to the Program;\
  28        \
  29    where such changes and/or additions to the Program originate from and\
  30        are distributed by that particular Contributor. A Contribution\
  31        'originates' from a Contributor if it was added to the Program by\
  32        such Contributor itself or anyone acting on such Contributor's\
  33        behalf. Contributions do not include additions to the Program\
  34        which: (i) are separate modules of software distributed in\
  35        conjunction with the Program under their own license agreement,\
  36        and (ii) are not derivative works of the Program.\
  37        \
  38    "Contributor" means IBM and any other entity that distributes the\
  39    Program.\
  40    \
  41    "Licensed Patents " mean patent claims licensable by a Contributor\
  42    which are necessarily infringed by the use or sale of its Contribution\
  43    alone or when combined with the Program.\
  44    \
  45    "Original Program" means the original version of the software\
  46    accompanying this Agreement as released by IBM, including source code,\
  47    object code and documentation, if any.\
  48    \
  49    "Program" means the Original Program and Contributions.\
  50    \
  51    "Recipient" means anyone who receives the Program under this\
  52    Agreement, including all Contributors.\
  53    \
  54    2. GRANT OF RIGHTS\
  55    a) Subject to the terms of this Agreement, each Contributor hereby\
  56        grants Recipient a non-exclusive, worldwide, royalty-free\
  57        copyright license to reproduce, prepare derivative works of,\
  58        publicly display, publicly perform, distribute and sublicense the\
  59        Contribution of such Contributor, if any, and such derivative\
  60        works, in source code and object code form.\
  61        \
  62    b) Subject to the terms of this Agreement, each Contributor hereby\
  63        grants Recipient a non-exclusive, worldwide, royalty-free patent\
  64        license under Licensed Patents to make, use, sell, offer to sell,\
  65        import and otherwise transfer the Contribution of such\
  66        Contributor, if any, in source code and object code form. This\
  67        patent license shall apply to the combination of the Contribution\
  68        and the Program if, at the time the Contribution is added by the\
  69        Contributor, such addition of the Contribution causes such\
  70        combination to be covered by the Licensed Patents. The patent\
  71        license shall not apply to any other combinations which include\
  72        the Contribution. No hardware per se is licensed hereunder.\
  73        \
  74    c) Recipient understands that although each Contributor grants the\
  75        licenses to its Contributions set forth herein, no assurances are\
  76        provided by any Contributor that the Program does not infringe the\
  77        patent or other intellectual property rights of any other entity.\
  78        Each Contributor disclaims any liability to Recipient for claims\
  79        brought by any other entity based on infringement of intellectual\
  80        property rights or otherwise. As a condition to exercising the\
  81        rights and licenses granted hereunder, each Recipient hereby\
  82        assumes sole responsibility to secure any other intellectual\
  83        property rights needed, if any. For example, if a third party\
  84        patent license is required to allow Recipient to distribute the\
  85        Program, it is Recipient's responsibility to acquire that license\
  86        before distributing the Program.\
  87        \
  88    d) Each Contributor represents that to its knowledge it has sufficient\
  89        copyright rights in its Contribution, if any, to grant the\
  90        copyright license set forth in this Agreement.\
  91        \
  92    3. REQUIREMENTS\
  93    \
  94    A Contributor may choose to distribute the Program in object code form\
  95    under its own license agreement, provided that:\
  96    a) it complies with the terms and conditions of this Agreement; and\
  97        \
  98    b) its license agreement:\
  99        \
 100    i) effectively disclaims on behalf of all Contributors all warranties\
 101        and conditions, express and implied, including warranties or\
 102        conditions of title and non-infringement, and implied warranties\
 103        or conditions of merchantability and fitness for a particular\
 104        purpose;\
 105        \
 106    ii) effectively excludes on behalf of all Contributors all liability\
 107        for damages, including direct, indirect, special, incidental and\
 108        consequential damages, such as lost profits;\
 109        \
 110    iii) states that any provisions which differ from this Agreement are\
 111        offered by that Contributor alone and not by any other party; and\
 112        \
 113    iv) states that source code for the Program is available from such\
 114        Contributor, and informs licensees how to obtain it in a\
 115        reasonable manner on or through a medium customarily used for\
 116        software exchange.\
 117        \
 118    When the Program is made available in source code form:\
 119    a) it must be made available under this Agreement; and\
 120        \
 121    b) a copy of this Agreement must be included with each copy of the\
 122        Program.\
 123        \
 124    Each Contributor must include the following in a conspicuous location\
 125    in the Program:\
 126    \
 127    Copyright \'a9 \{date here\}, International Business Machines Corporation\
 128        and others. All Rights Reserved.\
 129        \
 130    In addition, each Contributor must identify itself as the originator\
 131    of its Contribution, if any, in a manner that reasonably allows\
 132    subsequent Recipients to identify the originator of the Contribution.\
 133    \
 134    4. COMMERCIAL DISTRIBUTION\
 135    \
 136    Commercial distributors of software may accept certain\
 137    responsibilities with respect to end users, business partners and the\
 138    like. While this license is intended to facilitate the commercial use\
 139    of the Program, the Contributor who includes the Program in a\
 140    commercial product offering should do so in a manner which does not\
 141    create potential liability for other Contributors. Therefore, if a\
 142    Contributor includes the Program in a commercial product offering,\
 143    such Contributor ("Commercial Contributor") hereby agrees to defend\
 144    and indemnify every other Contributor ("Indemnified Contributor")\
 145    against any losses, damages and costs (collectively "Losses") arising\
 146    from claims, lawsuits and other legal actions brought by a third party\
 147    against the Indemnified Contributor to the extent caused by the acts\
 148    or omissions of such Commercial Contributor in connection with its\
 149    distribution of the Program in a commercial product offering. The\
 150    obligations in this section do not apply to any claims or Losses\
 151    relating to any actual or alleged intellectual property infringement.\
 152    In order to qualify, an Indemnified Contributor must: a) promptly\
 153    notify the Commercial Contributor in writing of such claim, and b)\
 154    allow the Commercial Contributor to control, and cooperate with the\
 155    Commercial Contributor in, the defense and any related settlement\
 156    negotiations. The Indemnified Contributor may participate in any such\
 157    claim at its own expense.\
 158    \
 159    For example, a Contributor might include the Program in a commercial\
 160    product offering, Product X. That Contributor is then a Commercial\
 161    Contributor. If that Commercial Contributor then makes performance\
 162    claims, or offers warranties related to Product X, those performance\
 163    claims and warranties are such Commercial Contributor's responsibility\
 164    alone. Under this section, the Commercial Contributor would have to\
 165    defend claims against the other Contributors related to those\
 166    performance claims and warranties, and if a court requires any other\
 167    Contributor to pay any damages as a result, the Commercial Contributor\
 168    must pay those damages.\
 169    \
 170    5. NO WARRANTY\
 171    \
 172
 173 \f1 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS\
 174    PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY\
 175    KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY\
 176    WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY\
 177    OR FITNESS FOR A PARTICULAR PURPOSE
 178 \f0 . Each Recipient is solely\
 179    responsible for determining the appropriateness of using and\
 180    distributing the Program and assumes all risks associated with its\
 181    exercise of rights under this Agreement, including but not limited to\
 182    the risks and costs of program errors, compliance with applicable\
 183    laws, damage to or loss of data, programs or equipment, and\
 184    unavailability or interruption of operations.\
 185    \
 186    6. DISCLAIMER OF LIABILITY\
 187    \
 188
 189 \f1    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR\
 190    ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,\
 191    INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING\
 192    WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF\
 193    LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING\
 194    NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR\
 195    DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED\
 196    HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\
 197
 198 \f2\fs16    \
 199
 200 \f0\fs20    7. GENERAL\
 201    \
 202    If any provision of this Agreement is invalid or unenforceable under\
 203    applicable law, it shall not affect the validity or enforceability of\
 204    the remainder of the terms of this Agreement, and without further\
 205    action by the parties hereto, such provision shall be reformed to the\
 206    minimum extent necessary to make such provision valid and enforceable.\
 207    \
 208    If Recipient institutes patent litigation against a Contributor with\
 209    respect to a patent applicable to software (including a cross-claim or\
 210    counterclaim in a lawsuit), then any patent licenses granted by that\
 211    Contributor to such Recipient under this Agreement shall terminate as\
 212    of the date such litigation is filed. In addition, If Recipient\
 213    institutes patent litigation against any entity (including a\
 214    cross-claim or counterclaim in a lawsuit) alleging that the Program\
 215    itself (excluding combinations of the Program with other software or\
 216    hardware) infringes such Recipient's patent(s), then such Recipient's\
 217    rights granted under Section 2(b) shall terminate as of the date such\
 218    litigation is filed.\
 219    \
 220    All Recipient's rights under this Agreement shall terminate if it\
 221    fails to comply with any of the material terms or conditions of this\
 222    Agreement and does not cure such failure in a reasonable period of\
 223    time after becoming aware of such noncompliance. If all Recipient's\
 224    rights under this Agreement terminate, Recipient agrees to cease use\
 225    and distribution of the Program as soon as reasonably practicable.\
 226    However, Recipient's obligations under this Agreement and any licenses\
 227    granted by Recipient relating to the Program shall continue and\
 228    survive.\
 229    \
 230    IBM may publish new versions (including revisions) of this Agreement\
 231    from time to time. Each new version of the Agreement will be given a\
 232    distinguishing version number. The Program (including Contributions)\
 233    may always be distributed subject to the version of the Agreement\
 234    under which it was received. In addition, after a new version of the\
 235    Agreement is published, Contributor may elect to distribute the\
 236    Program (including its Contributions) under the new version. No one\
 237    other than IBM has the right to modify this Agreement. Except as\
 238    expressly stated in Sections 2(a) and 2(b) above, Recipient receives\
 239    no rights or licenses to the intellectual property of any Contributor\
 240    under this Agreement, whether expressly, by implication, estoppel or\
 241    otherwise. All rights in the Program not expressly granted under this\
 242    Agreement are reserved.\
 243    \
 244    This Agreement is governed by the laws of the State of New York and\
 245    the intellectual property laws of the United States of America. No\
 246    party to this Agreement will bring a legal action under this Agreement\
 247    more than one year after the cause of action arose. Each party waives\
 248    its rights to a jury trial in any resulting litigation.\
 249 }