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.