LICENSE 11 KB

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