github.com/apache/skywalking-eyes@v0.6.0/assets/lcs-templates/IPL-1.0.txt (about)

     1  IBM Public License Version 1.0
     2  
     3  THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM
     4  PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
     5  OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
     6  
     7  1. DEFINITIONS
     8  "Contribution" means:
     9  
    10  a.  in the case of International Business Machines Corporation ("IBM"), the Original Program, and
    11  
    12  b.  in the case of each Contributor,
    13  	i.  changes to the Program, and
    14  	ii.  additions to the Program;
    15  where such changes and/or additions to the Program originate from and
    16  are distributed by that particular Contributor. A Contribution
    17  'originates' from a Contributor if it was added to the Program by
    18  such Contributor itself or anyone acting on such Contributor's
    19  behalf. Contributions do not include additions to the Program which:
    20  (i) are separate modules of software distributed in conjunction with
    21  the Program under their own license agreement, and (ii) are not
    22  derivative works of the Program.
    23  
    24  "Contributor" means IBM and any other entity that distributes the Program.
    25  
    26  "Licensed Patents " mean patent claims licensable by a
    27  Contributor which are necessarily infringed by the use or sale of its
    28  Contribution alone or when combined with the Program.
    29  
    30  "Original Program" means the original version of the software
    31  accompanying this Agreement as released by IBM, including source
    32  code, object code and documentation, if any.
    33  
    34  "Program" means the Original Program and Contributions.
    35  
    36  "Recipient" means anyone who receives the Program under this
    37  Agreement, including all Contributors.
    38  
    39  2. GRANT OF RIGHTS
    40  a.  Subject to the terms of this Agreement, each Contributor hereby
    41  grants Recipient a non-exclusive, worldwide, royalty-free copyright
    42  license to reproduce, prepare derivative works of, publicly display,
    43  publicly perform, distribute and sublicense the Contribution of such
    44  Contributor, if any, and such derivative works, in source code and
    45  object code form.
    46  
    47  b.  Subject to the terms of this Agreement, each Contributor hereby
    48  grants Recipient a non-exclusive, worldwide, royalty-free patent
    49  license under Licensed Patents to make, use, sell, offer to sell,
    50  import and otherwise transfer the Contribution of such Contributor,
    51  if any, in source code and object code form. This patent license
    52  shall apply to the combination of the Contribution and the Program
    53  if, at the time the Contribution is added by the Contributor, such
    54  addition of the Contribution causes such combination to be covered by
    55  the Licensed Patents. The patent license shall not apply to any
    56  other combinations which include the Contribution. No hardware per
    57  se is licensed hereunder.
    58  
    59  c.  Recipient understands that although each Contributor grants the
    60  licenses to its Contributions set forth herein, no assurances are
    61  provided by any Contributor that the Program does not infringe the
    62  patent or other intellectual property rights of any other entity.
    63  Each Contributor disclaims any liability to Recipient for claims
    64  brought by any other entity based on infringement of intellectual
    65  property rights or otherwise. As a condition to exercising the
    66  rights and licenses granted hereunder, each Recipient hereby assumes
    67  sole responsibility to secure any other intellectual property rights
    68  needed, if any. For example, if a third party patent license is
    69  required to allow Recipient to distribute the Program, it is
    70  Recipient's responsibility to acquire that license before
    71  distributing the Program.
    72  
    73  d.  Each Contributor represents that to its knowledge it has
    74  sufficient copyright rights in its Contribution, if any, to grant the
    75  copyright license set forth in this Agreement.
    76  
    77  3. REQUIREMENTS
    78  A Contributor may choose to distribute
    79  the Program in object code form under its own license agreement,
    80  provided that:
    81  
    82  a.  it complies with the terms and conditions of this Agreement; and
    83  b.  its license agreement:
    84  	i.  effectively disclaims on behalf of all Contributors all warranties
    85  	and conditions, express and implied, including warranties or
    86  	conditions of title and non-infringement, and implied warranties or
    87  	conditions of merchantability and fitness for a particular purpose;
    88  	ii.  effectively excludes on behalf of all Contributors all liability
    89  	for damages, including direct, indirect, special, incidental and
    90  	consequential damages, such as lost profits;
    91  	iii.  states that any provisions which differ from this Agreement are
    92  	offered by that Contributor alone and not by any other party; and
    93  	iv.  states that source code for the Program is available from such
    94  	Contributor, and informs licensees how to obtain it in a reasonable
    95  	manner on or through a medium customarily used for software exchange.
    96  
    97  When the Program is made available in source code form:
    98  a.  it must be made available under this Agreement; and
    99  b.  a copy of this Agreement must be included with each copy of the
   100  Program.
   101  
   102  Each Contributor must include the following in a conspicuous location in the Program:
   103  
   104  	Copyright (C) 1996, 1999 International Business Machines Corporation and others. All Rights Reserved.
   105  
   106  In addition, each Contributor must identify itself as the originator
   107  of its Contribution, if any, in a manner that reasonably allows
   108  subsequent Recipients to identify the originator of the Contribution.
   109  
   110  4. COMMERCIAL DISTRIBUTION
   111  Commercial distributors of software may accept certain
   112  responsibilities with respect to end users, business partners and the
   113  like. While this license is intended to facilitate the commercial
   114  use of the Program, the Contributor who includes the Program in a
   115  commercial product offering should do so in a manner which does not
   116  create potential liability for other Contributors. Therefore, if a
   117  Contributor includes the Program in a commercial product offering,
   118  such Contributor ("Commercial Contributor") hereby agrees to defend
   119  and indemnify every other Contributor ("Indemnified Contributor")
   120  against any losses, damages and costs (collectively "Losses") arising
   121  from claims, lawsuits and other legal actions brought by a third
   122  party against the Indemnified Contributor to the extent caused by the
   123  acts or omissions of such Commercial Contributor in connection with
   124  its distribution of the Program in a commercial product offering.
   125  The obligations in this section do not apply to any claims or Losses
   126  relating to any actual or alleged intellectual property infringement.
   127  In order to qualify, an Indemnified Contributor must: a) promptly
   128  notify the Commercial Contributor in writing of such claim, and b)
   129  allow the Commercial Contributor to control, and cooperate with the
   130  Commercial Contributor in, the defense and any related settlement
   131  negotiations. The Indemnified Contributor may participate in any
   132  such claim at its own expense.
   133  
   134  For example, a Contributor might include the Program in a commercial
   135  product offering, Product X. That Contributor is then a Commercial
   136  Contributor. If that Commercial Contributor then makes performance
   137  claims, or offers warranties related to Product X, those performance
   138  claims and warranties are such Commercial Contributor's
   139  responsibility alone. Under this section, the Commercial Contributor
   140  would have to defend claims against the other Contributors related to
   141  those performance claims and warranties, and if a court requires any
   142  other Contributor to pay any damages as a result, the Commercial
   143  Contributor must pay those damages.
   144  
   145  5. NO WARRANTY
   146  EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
   147  PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
   148  KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
   149  WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
   150  OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
   151  responsible for determining the appropriateness of using and
   152  distributing the Program and assumes all risks associated with its
   153  exercise of rights under this Agreement, including but not limited to
   154  the risks and costs of program errors, compliance with applicable
   155  laws, damage to or loss of data, programs or equipment, and
   156  unavailability or interruption of operations.
   157  
   158  6. DISCLAIMER OF LIABILITY
   159  EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
   160  NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
   161  INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
   162  (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
   163  ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
   164  TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
   165  THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
   166  GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   167  
   168  7. GENERAL
   169  If any provision of this Agreement is invalid or unenforceable under
   170  applicable law, it shall not affect the validity or enforceability of
   171  the remainder of the terms of this Agreement, and without further
   172  action by the parties hereto, such provision shall be reformed to the
   173  minimum extent necessary to make such provision valid and enforceable.
   174  
   175  If Recipient institutes patent litigation against a Contributor with
   176  respect to a patent applicable to software (including a cross-claim
   177  or counterclaim in a lawsuit), then any patent licenses granted by
   178  that Contributor to such Recipient under this Agreement shall
   179  terminate as of the date such litigation is filed. In addition, if
   180  Recipient institutes patent litigation against any entity (including
   181  a cross-claim or counterclaim in a lawsuit) alleging that the Program
   182  itself (excluding combinations of the Program with other software or
   183  hardware) infringes such Recipient's patent(s), then such Recipient's
   184  rights granted under Section 2(b) shall terminate as of the date such
   185  litigation is filed.
   186  
   187  All Recipient's rights under this Agreement shall terminate if it
   188  fails to comply with any of the material terms or conditions of this
   189  Agreement and does not cure such failure in a reasonable period of
   190  time after becoming aware of such noncompliance. If all Recipient's
   191  rights under this Agreement terminate, Recipient agrees to cease use
   192  and distribution of the Program as soon as reasonably practicable.
   193  However, Recipient's obligations under this Agreement and any
   194  licenses granted by Recipient relating to the Program shall continue
   195  and survive.
   196  
   197  IBM may publish new versions (including revisions) of this Agreement
   198  from time to time. Each new version of the Agreement will be given a
   199  distinguishing version number. The Program (including Contributions)
   200  may always be distributed subject to the version of the Agreement
   201  under which it was received. In addition, after a new version of the
   202  Agreement is published, Contributor may elect to distribute the
   203  Program (including its Contributions) under the new version. No one
   204  other than IBM has the right to modify this Agreement. Except as
   205  expressly stated in Sections 2(a) and 2(b) above, Recipient receives
   206  no rights or licenses to the intellectual property of any Contributor
   207  under this Agreement, whether expressly, by implication, estoppel or
   208  otherwise. All rights in the Program not expressly granted under
   209  this Agreement are reserved.
   210  
   211  This Agreement is governed by the laws of the State of New York and
   212  the intellectual property laws of the United States of America. No
   213  party to this Agreement will bring a legal action under this
   214  Agreement more than one year after the cause of action arose. Each
   215  party waives its rights to a jury trial in any resulting litigation.