License:IPL-1.0
| Name | IBM Public License Version 1.0 |
|---|---|
| URL | https://spdx.org/licenses/IPL-1.0.html |
| Comment | https://www.gnu.org/licenses/license-list.html#IBMPL |
License text
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.
Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. A copy of the license is included in the page “GNU Free Documentation License”.
The copyright and license notices on this page only apply to the text on this page. Any software or copyright-licenses or other similar notices described in this text has its own copyright notice and license, which can usually be found in the distribution or license text itself.
