xref: /titanic_41/usr/src/lib/libdll/THIRDPARTYLICENSE (revision 2a8d6eba033e4713ab12b61178f0513f1f075482)
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2|          This license covers all software that refers to the URL             |
3|               http://www.opensource.org/licenses/cpl1.0.txt                  |
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5
6Common Public License Version 1.0
7
8   THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
9   PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
10   THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
11
12   1. DEFINITIONS
13
14   "Contribution" means:
15
16     a) in the case of the initial Contributor, the initial code and
17     documentation distributed under this Agreement, and
18
19     b) in the case of each subsequent Contributor:
20
21     i) changes to the Program, and
22
23     ii) additions to the Program;
24
25     where such changes and/or additions to the Program originate from
26     and are distributed by that particular Contributor. A Contribution
27     'originates' from a Contributor if it was added to the Program by
28     such Contributor itself or anyone acting on such Contributor's
29     behalf. Contributions do not include additions to the Program
30     which: (i) are separate modules of software distributed in
31     conjunction with the Program under their own license agreement, and
32     (ii) are not derivative works of the Program.
33
34   "Contributor" means any person or entity that distributes the Program.
35
36   "Licensed Patents " mean patent claims licensable by a Contributor
37   which are necessarily infringed by the use or sale of its Contribution
38   alone or when combined with the Program.
39
40   "Program" means the Contributions distributed in accordance with this
41   Agreement.
42
43   "Recipient" means anyone who receives the Program under this
44   Agreement, including all Contributors.
45
46   2. GRANT OF RIGHTS
47
48     a) Subject to the terms of this Agreement, each Contributor hereby
49     grants Recipient a non-exclusive, worldwide, royalty-free copyright
50     license to reproduce, prepare derivative works of, publicly
51     display, publicly perform, distribute and sublicense the
52     Contribution of such Contributor, if any, and such derivative
53     works, in source code and object code form.
54
55     b) Subject to the terms of this Agreement, each Contributor hereby
56     grants Recipient a non-exclusive, worldwide, royalty-free patent
57     license under Licensed Patents to make, use, sell, offer to sell,
58     import and otherwise transfer the Contribution of such Contributor,
59     if any, in source code and object code form. This patent license
60     shall apply to the combination of the Contribution and the Program
61     if, at the time the Contribution is added by the Contributor, such
62     addition of the Contribution causes such combination to be covered
63     by the Licensed Patents. The patent license shall not apply to any
64     other combinations which include the Contribution. No hardware per
65     se is licensed hereunder.
66
67     c) Recipient understands that although each Contributor grants the
68     licenses to its Contributions set forth herein, no assurances are
69     provided by any Contributor that the Program does not infringe the
70     patent or other intellectual property rights of any other entity.
71     Each Contributor disclaims any liability to Recipient for claims
72     brought by any other entity based on infringement of intellectual
73     property rights or otherwise. As a condition to exercising the
74     rights and licenses granted hereunder, each Recipient hereby
75     assumes sole responsibility to secure any other intellectual
76     property rights needed, if any. For example, if a third party
77     patent license is required to allow Recipient to distribute the
78     Program, it is Recipient's responsibility to acquire that license
79     before distributing the Program.
80
81     d) Each Contributor represents that to its knowledge it has
82     sufficient copyright rights in its Contribution, if any, to grant
83     the copyright license set forth in this Agreement.
84
85   3. REQUIREMENTS
86
87   A Contributor may choose to distribute the Program in object code form
88   under its own license agreement, provided that:
89
90     a) it complies with the terms and conditions of this Agreement; and
91
92     b) its license agreement:
93
94     i) effectively disclaims on behalf of all Contributors all
95     warranties and conditions, express and implied, including
96     warranties or conditions of title and non-infringement, and implied
97     warranties or conditions of merchantability and fitness for a
98     particular purpose;
99
100     ii) effectively excludes on behalf of all Contributors all
101     liability for damages, including direct, indirect, special,
102     incidental and consequential damages, such as lost profits;
103
104     iii) states that any provisions which differ from this Agreement
105     are offered by that Contributor alone and not by any other party;
106     and
107
108     iv) states that source code for the Program is available from such
109     Contributor, and informs licensees how to obtain it in a reasonable
110     manner on or through a medium customarily used for software
111     exchange.
112
113   When the Program is made available in source code form:
114
115     a) it must be made available under this Agreement; and
116
117     b) a copy of this Agreement must be included with each copy of the
118     Program.
119
120   Contributors may not remove or alter any copyright notices contained
121   within the Program.
122
123   Each Contributor must identify itself as the originator of its
124   Contribution, if any, in a manner that reasonably allows subsequent
125   Recipients to identify the originator of the Contribution.
126
127   4. COMMERCIAL DISTRIBUTION
128
129   Commercial distributors of software may accept certain
130   responsibilities with respect to end users, business partners and the
131   like. While this license is intended to facilitate the commercial use
132   of the Program, the Contributor who includes the Program in a
133   commercial product offering should do so in a manner which does not
134   create potential liability for other Contributors. Therefore, if a
135   Contributor includes the Program in a commercial product offering,
136   such Contributor ("Commercial Contributor") hereby agrees to defend
137   and indemnify every other Contributor ("Indemnified Contributor")
138   against any losses, damages and costs (collectively "Losses") arising
139   from claims, lawsuits and other legal actions brought by a third party
140   against the Indemnified Contributor to the extent caused by the acts
141   or omissions of such Commercial Contributor in connection with its
142   distribution of the Program in a commercial product offering. The
143   obligations in this section do not apply to any claims or Losses
144   relating to any actual or alleged intellectual property infringement.
145   In order to qualify, an Indemnified Contributor must: a) promptly
146   notify the Commercial Contributor in writing of such claim, and b)
147   allow the Commercial Contributor to control, and cooperate with the
148   Commercial Contributor in, the defense and any related settlement
149   negotiations. The Indemnified Contributor may participate in any such
150   claim at its own expense.
151
152   For example, a Contributor might include the Program in a commercial
153   product offering, Product X. That Contributor is then a Commercial
154   Contributor. If that Commercial Contributor then makes performance
155   claims, or offers warranties related to Product X, those performance
156   claims and warranties are such Commercial Contributor's responsibility
157   alone. Under this section, the Commercial Contributor would have to
158   defend claims against the other Contributors related to those
159   performance claims and warranties, and if a court requires any other
160   Contributor to pay any damages as a result, the Commercial Contributor
161   must pay those damages.
162
163   5. NO WARRANTY
164
165   EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
166   PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
167   KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
168   WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
169   OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
170   responsible for determining the appropriateness of using and
171   distributing the Program and assumes all risks associated with its
172   exercise of rights under this Agreement, including but not limited to
173   the risks and costs of program errors, compliance with applicable
174   laws, damage to or loss of data, programs or equipment, and
175   unavailability or interruption of operations.
176
177   6. DISCLAIMER OF LIABILITY
178
179   EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
180   ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
181   INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
182   WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
183   LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
184   NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
185   DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
186   HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
187
188   7. GENERAL
189
190   If any provision of this Agreement is invalid or unenforceable under
191   applicable law, it shall not affect the validity or enforceability of
192   the remainder of the terms of this Agreement, and without further
193   action by the parties hereto, such provision shall be reformed to the
194   minimum extent necessary to make such provision valid and enforceable.
195
196   If Recipient institutes patent litigation against a Contributor with
197   respect to a patent applicable to software (including a cross-claim or
198   counterclaim in a lawsuit), then any patent licenses granted by that
199   Contributor to such Recipient under this Agreement shall terminate as
200   of the date such litigation is filed. In addition, if Recipient
201   institutes patent litigation against any entity (including a
202   cross-claim or counterclaim in a lawsuit) alleging that the Program
203   itself (excluding combinations of the Program with other software or
204   hardware) infringes such Recipient's patent(s), then such Recipient's
205   rights granted under Section 2(b) shall terminate as of the date such
206   litigation is filed.
207
208   All Recipient's rights under this Agreement shall terminate if it
209   fails to comply with any of the material terms or conditions of this
210   Agreement and does not cure such failure in a reasonable period of
211   time after becoming aware of such noncompliance. If all Recipient's
212   rights under this Agreement terminate, Recipient agrees to cease use
213   and distribution of the Program as soon as reasonably practicable.
214   However, Recipient's obligations under this Agreement and any licenses
215   granted by Recipient relating to the Program shall continue and
216   survive.
217
218   Everyone is permitted to copy and distribute copies of this Agreement,
219   but in order to avoid inconsistency the Agreement is copyrighted and
220   may only be modified in the following manner. The Agreement Steward
221   reserves the right to publish new versions (including revisions) of
222   this Agreement from time to time. No one other than the Agreement
223   Steward has the right to modify this Agreement. IBM is the initial
224   Agreement Steward. IBM may assign the responsibility to serve as the
225   Agreement Steward to a suitable separate entity. Each new version of
226   the Agreement will be given a distinguishing version number. The
227   Program (including Contributions) may always be distributed subject to
228   the version of the Agreement under which it was received. In addition,
229   after a new version of the Agreement is published, Contributor may
230   elect to distribute the Program (including its Contributions) under
231   the new version. Except as expressly stated in Sections 2(a) and 2(b)
232   above, Recipient receives no rights or licenses to the intellectual
233   property of any Contributor under this Agreement, whether expressly,
234   by implication, estoppel or otherwise. All rights in the Program not
235   expressly granted under this Agreement are reserved.
236
237   This Agreement is governed by the laws of the State of New York and
238   the intellectual property laws of the United States of America. No
239   party to this Agreement will bring a legal action under this Agreement
240   more than one year after the cause of action arose. Each party waives
241   its rights to a jury trial in any resulting litigation.
242
243Copyright (c) 2004 by the Open Source Initiative
244This is a copy of the license posted on 2004-10-06 at:
245   http://www.opensource.org/licenses/cpl
246