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| − | {{license
| + | #REDIRECT [[License:CPL-1.0]] |
| − | |Name= Common Public License 1.0
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| − | |URL= http://www.eclipse.org/legal/cpl-v10.html
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| − | |Full text=
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| − | <pre>
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| − | | |
| − | Common Public License - v 1.0
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| − | | |
| − | Updated 16 Apr 2009
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| − | | |
| − | As of 25 Feb 2009, IBM has assigned the Agreement Steward role for the
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| − | CPL to the Eclipse Foundation. Eclipse has designated the Eclipse
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| − | Public License (EPL) as the follow-on version of the CPL.
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| − | | |
| − | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
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| − | PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
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| − | THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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| − | | |
| − | 1. DEFINITIONS
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| − | | |
| − | "Contribution" means:
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| − | | |
| − | a) in the case of the initial Contributor, the initial code and
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| − | documentation distributed under this Agreement, and
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| − | | |
| − | b) in the case
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| − | of each subsequent Contributor:
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| − | | |
| − | i) changes to the Program, and
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| − | | |
| − | ii) additions to the Program;
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| − | | |
| − | where such changes and/or additions to the Program originate from
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| − | and are distributed by that particular Contributor. A Contribution
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| − | 'originates' from a Contributor if it was added to the Program by
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| − | such Contributor itself or anyone acting on such Contributor's
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| − | behalf. Contributions do not include additions to the Program
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| − | which: (i) are separate modules of software distributed in
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| − | conjunction with the Program under their own license agreement,
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| − | and (ii) are not derivative works of the Program.
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| − | | |
| − | "Contributor" means any person or entity that distributes the Program.
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| − | | |
| − | "Licensed Patents " mean patent claims licensable by a Contributor
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| − | which are necessarily infringed by the use or sale of its Contribution
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| − | alone or when combined with the Program.
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| − | | |
| − | "Program" means the Contributions distributed in accordance with this Agreement.
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| − | | |
| − | "Recipient" means anyone who receives the Program under this
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| − | Agreement, including all Contributors.
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| − | | |
| − | 2. GRANT OF RIGHTS
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| − | | |
| − | a) Subject to the terms of this Agreement, each Contributor hereby
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| − | grants Recipient a non-exclusive, worldwide, royalty-free
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| − | copyright license to reproduce, prepare derivative works of,
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| − | publicly display, publicly perform, distribute and sublicense the
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| − | Contribution of such Contributor, if any, and such derivative
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| − | works, in source code and object code form.
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| − | | |
| − | b) Subject to the terms of this Agreement, each Contributor hereby
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| − | grants Recipient a non-exclusive, worldwide, royalty-free patent
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| − | license under Licensed Patents to make, use, sell, offer to sell,
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| − | import and otherwise transfer the Contribution of such
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| − | 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
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| − | and the Program if, at the time the Contribution is added by the
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| − | Contributor, such addition of the Contribution causes such
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| − | combination to be covered by the Licensed Patents. The patent
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| − | license shall not apply to any other combinations which include
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| − | the Contribution. No hardware per se is licensed hereunder.
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| − | | |
| − | c) Recipient understands that although each Contributor grants the
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| − | licenses to its Contributions set forth herein, no assurances are
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| − | provided by any Contributor that the Program does not infringe the
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| − | patent or other intellectual property rights of any other
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| − | entity. Each Contributor disclaims any liability to Recipient for
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| − | claims brought by any other entity based on infringement of
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| − | intellectual property rights or otherwise. As a condition to
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| − | exercising the rights and licenses granted hereunder, each
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| − | Recipient hereby assumes sole responsibility to secure any other
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| − | intellectual property rights needed, if any. For example, if a
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| − | third party patent license is required to allow Recipient to
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| − | distribute the Program, it is Recipient's responsibility to
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| − | acquire that license before distributing the Program.
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| − | | |
| − | d) Each Contributor represents that to its knowledge it has
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| − | sufficient copyright rights in its Contribution, if any, to grant
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| − | the copyright license set forth in this Agreement.
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| − | | |
| − | 3. REQUIREMENTS
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| − | | |
| − | A Contributor may choose to distribute the Program in object code form
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| − | under its own license agreement, provided that:
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| − | | |
| − | a) it complies with the terms and conditions of this Agreement; and
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| − | | |
| − | b) its license agreement:
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| − | | |
| − | i) effectively disclaims on behalf of all Contributors all
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| − | warranties and conditions, express and implied, including
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| − | warranties or conditions of title and non-infringement, and
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| − | implied warranties or conditions of merchantability and fitness
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| − | for a particular purpose;
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| − | | |
| − | ii) effectively excludes on behalf of all Contributors all
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| − | liability for damages, including direct, indirect, special,
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| − | incidental and consequential damages, such as lost profits;
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| − | | |
| − | iii) states that any provisions which differ from this Agreement
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| − | are offered by that Contributor alone and not by any other party;
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| − | and
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| − | | |
| − | iv) states that source code for the Program is available from such
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| − | Contributor, and informs licensees how to obtain it in a
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| − | reasonable manner on or through a medium customarily used for
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| − | software exchange.
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| − | | |
| − | When the Program is made available in source code form:
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| − | | |
| − | a) it must be made available under this Agreement; and
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| − | | |
| − | b) a copy of this Agreement must be included with each copy of the Program.
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| − | | |
| − | Contributors may not remove or alter any copyright notices contained
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| − | within the Program.
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| − | | |
| − | Each Contributor must identify itself as the originator of its
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| − | Contribution, if any, in a manner that reasonably allows subsequent
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| − | 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
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| − | of the Program, the Contributor who includes the Program in a
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| − | commercial product offering should do so in a manner which does not
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| − | create potential liability for other Contributors. Therefore, if a
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| − | Contributor includes the Program in a commercial product offering,
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| − | such Contributor ("Commercial Contributor") hereby agrees to defend
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| − | and indemnify every other Contributor ("Indemnified Contributor")
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| − | against any losses, damages and costs (collectively "Losses") arising
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| − | from claims, lawsuits and other legal actions brought by a third party
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| − | against the Indemnified Contributor to the extent caused by the acts
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| − | or omissions of such Commercial Contributor in connection with its
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| − | distribution of the Program in a commercial product offering. The
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| − | obligations in this section do not apply to any claims or Losses
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| − | relating to any actual or alleged intellectual property
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| − | infringement. In order to qualify, an Indemnified Contributor must: a)
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| − | promptly notify the Commercial Contributor in writing of such claim,
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| − | and b) allow the Commercial Contributor to control, and cooperate with
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| − | 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 commercial
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| − | product offering, Product X. That Contributor is then a Commercial
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| − | Contributor. If that Commercial Contributor then makes performance
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| − | claims, or offers warranties related to Product X, those performance
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| − | claims and warranties are such Commercial Contributor's responsibility
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| − | alone. Under this section, the Commercial Contributor would have to
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| − | 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.
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| − | | |
| − | 5. NO WARRANTY
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| − | | |
| − | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
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| − | PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
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| − | KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
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| − | WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
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| − | OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
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| − | responsible for determining the appropriateness of using and
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| − | distributing the Program and assumes all risks associated with its
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| − | exercise of rights under this Agreement, including but not limited to
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| − | the risks and costs of program errors, compliance with applicable
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| − | laws, damage to or loss of data, programs or equipment, and
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| − | unavailability or interruption of operations.
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| − | | |
| − | 6. DISCLAIMER OF LIABILITY
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| − | | |
| − | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
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| − | ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
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| − | INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
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| − | WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
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| − | LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
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| − | 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 invalid or unenforceable under
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| − | applicable law, it shall not affect the validity or enforceability of
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| − | the remainder of the terms of this Agreement, and without further
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| − | action by the parties hereto, such provision shall be reformed to the
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| − | minimum extent necessary to make such provision valid and enforceable.
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| − | | |
| − | If Recipient institutes patent litigation against a Contributor with
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| − | respect to a patent applicable to software (including a cross-claim or
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| − | counterclaim in a lawsuit), then any patent licenses granted by that
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| − | Contributor to such Recipient under this Agreement shall terminate as
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| − | of the date such litigation is filed. In addition, if Recipient
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| − | institutes patent litigation against any entity (including a
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| − | cross-claim or counterclaim in a lawsuit) alleging that the Program
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| − | itself (excluding combinations of the Program with other software or
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| − | hardware) infringes such Recipient's patent(s), then such Recipient's
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| − | rights granted under Section 2(b) shall terminate as of the date such
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| − | litigation is filed.
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| − | | |
| − | All Recipient's rights under this Agreement shall terminate if it
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| − | fails to comply with any of the material terms or conditions of this
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| − | Agreement and does not cure such failure in a reasonable period of
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| − | time after becoming aware of such noncompliance. If all Recipient's
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| − | rights under this Agreement terminate, Recipient agrees to cease use
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| − | and distribution of the Program as soon as reasonably
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| − | practicable. However, Recipient's obligations under this Agreement and
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| − | any licenses granted by Recipient relating to the Program shall
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| − | continue and survive.
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| − | | |
| − | Everyone is permitted to copy and distribute copies of this Agreement,
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| − | but in order to avoid inconsistency the Agreement is copyrighted and
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| − | may only be modified in the following manner. The Agreement Steward
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| − | reserves the right to publish new versions (including revisions) of
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| − | this Agreement from time to time. No one other than the Agreement
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| − | Steward has the right to modify this Agreement. IBM is the initial
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| − | Agreement Steward. IBM may assign the responsibility to serve as the
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| − | Agreement Steward to a suitable separate entity. Each new version of
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| − | the Agreement will be given a distinguishing version number. The
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| − | 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
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| − | elect to distribute the Program (including its Contributions) under
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| − | the new version. Except as expressly stated in Sections 2(a) and 2(b)
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| − | above, Recipient receives no rights or licenses to the intellectual
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| − | property of any Contributor under this Agreement, whether expressly,
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| − | by implication, estoppel or otherwise. All rights in the Program not
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| − | expressly granted under this Agreement are reserved.
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| − | | |
| − | This Agreement is governed by the laws of the State of New York and
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| − | the intellectual property laws of the United States of America. No
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| − | 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. Each party waives
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| − | its rights to a jury trial in any resulting litigation.
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| − | | |
| − | | |
| − | </pre>
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| − | }}
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