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+ IBM Public License Version 1.0
+
+ THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM
+ 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 International Business Machines Corporation ("IBM"),
+ the Original Program, and
+
+ b) in the case of each 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 IBM and any other 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.
+
+ "Original Program" means the original version of the software
+ accompanying this Agreement as released by IBM, including source code,
+ object code and documentation, if any.
+
+ "Program" means the Original Program and Contributions.
+
+ "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.
+
+ Each Contributor must include the following in a conspicuous location
+ in the Program:
+
+ Copyright © {date here}, International Business Machines Corporation
+ and others. All Rights Reserved.
+
+ In addition, 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.
+
+ IBM may publish new versions (including revisions) of this Agreement
+ from time to time. 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. No one
+ other than IBM has the right to modify this Agreement. 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.
git://git.openafs.org / openafs.git / commitdiff