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COPYING | 301 ---------------------------------------------------------------
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-
- Common Public License Version 0.5
-
-
-
- THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF
- THIS COMMON 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 the initial Contributor, the
- initial code and documentation distributed under
- this Agreement, and
-
- b) in the case of each subsequent 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 any person or 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.
-
-
-
- "Program" means the Contributions distributed in
- accordance with this Agreement.
-
- "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.
-
- Contributors may not remove or alter any copyright notices
- contained within the Program.
-
- 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.
-
- Everyone is permitted to copy and distribute copies of
- this Agreement, but in order to avoid inconsistency the
- Agreement is copyrighted and may only be modified in the
- following manner. The Agreement Steward reserves the right
- to publish new versions (including revisions) of this
- Agreement from time to time. No one other than the
- Agreement Steward has the right to modify this Agreement.
-
- IBM is the initial Agreement Steward. IBM may assign the
- responsibility to serve as the Agreement Steward to a
- suitable separate entity. 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. 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.
-
-
-
diff --git a/NEWS b/NEWS
deleted file mode 100644
index e69de29..0000000
--
1.7.4.rc3
------------------------------------------------------------------------------
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