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================================================================================
sw360portal NOTICE file
This file contains all licensing and copyright information
from the sw360portal dependencies:
ST4-4.0.4-sources.jar
activation-1.1-sources.jar
annotations-13.0-sources.jar
antlr-2.7.2-sources.jar
antlr-3.4-sources.jar
antlr-runtime-3.4-sources.jar
aopalliance-1.0-sources.jar
arq-2.8.8-sources.jar
commons-beanutils-1.7.0-sources.jar
commons-chain-1.1-sources.jar
commons-cli-1.2-sources.jar
commons-codec-1.10-sources.jar
commons-codec-1.5-sources.jar
commons-collections-3.2.1-sources.jar
commons-csv-1.0-sources.jar
commons-digester-1.8-sources.jar
commons-io-2.0.1-sources.jar
commons-lang-2.4-sources.jar
commons-lang3-3.1-sources.jar
commons-logging-1.1-sources.jar
commons-logging-1.2-sources.jar
commons-validator-1.3.1-sources.jar
compiler-0.7.9-sources.jar
dom4j-1.6.1-sources.jar
ektorplucene-0.2.0-sources.jar
gson-2.6.2-sources.jar
guava-18.0-sources.jar
htmlparser-1.4-sources.jar
httpclient-4.3-sources.jar
httpclient-cache-4.3-sources.jar
httpcore-4.3.3-sources.jar
icu4j-3.4.4-sources.jar
iri-0.8-sources.jar
jackson-annotations-2.2.2-sources.jar
jackson-core-2.2.2-sources.jar
jackson-databind-2.2.2-sources.jar
java-rdfa-0.4.1-sources.jar
jena-2.6.4-sources.jar
joda-time-1.6.2-sources.jar
jsch-0.1.51-sources.jar
json-simple-1.1.1-sources.jar
jsoup-1.7.2-sources.jar
jsp-api-2.0-sources.jar
libthrift-0.9.3-sources.jar
log4j-1.2.17-sources.jar
lucene-core-2.3.1-sources.jar
mail-1.4-sources.jar
opencsv-2.3-sources.jar
org.ektorp-1.4.4-sources.jar
oro-2.0.8-sources.jar
poi-3.9-sources.jar
poi-ooxml-3.9-sources.jar
portlet-api-2.0-sources.jar
servlet-api-2.4-sources.jar
servlet-api-2.5-sources.jar
slf4j-api-1.7.1-sources.jar
slf4j-api-1.7.7-sources.jar
slf4j-log4j12-1.7.1-sources.jar
slf4j-log4j12-1.7.7-sources.jar
spdx-tools-2.0.4-sources.jar
spring-aop-4.1.5.RELEASE-sources.jar
spring-beans-4.1.5.RELEASE-sources.jar
spring-context-4.1.5.RELEASE-sources.jar
spring-core-4.1.5.RELEASE-sources.jar
spring-expression-4.1.5.RELEASE-sources.jar
spring-web-4.1.5.RELEASE-sources.jar
spring-webmvc-4.1.5.RELEASE-sources.jar
sslext-1.2-0-sources.jar
stringtemplate-3.2.1-sources.jar
struts-core-1.3.8-sources.jar
struts-taglib-1.3.8-sources.jar
struts-tiles-1.3.8-sources.jar
util-bridges-6.2.1-sources.jar
util-java-6.2.1-sources.jar
util-taglib-6.2.1-sources.jar
wstx-asl-3.2.9-sources.jar
--------------------------------------------------------------------------------
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THE DATA FILES OR SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be
used in advertising or otherwise to promote the
sale, use or other dealings in these Data Files or Software without prior
written authorization of the copyright holder.
Unicode and the Unicode logo are trademarks of Unicode, Inc., and may be
registered in some jurisdictions. All other trademarks
and registered trademarks mentioned herein are the property of their respective
owners.
--------------------------------------------------------------------------------
UNICODE, INC. LICENSE AGREEMENT - DATA FILES AND SOFTWARE Unicode Data Files
include all data files under the
directories
http://www.unicode.org/Public/ and
http://www.unicode.org/reports/.
Unicode Software includes any source code under
the directories
http://www.unicode.org/Public/ and
http://www.unicode.org/reports/.
NOTICE TO USER: Carefully read the following
legal agreement. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING UNICODE
INC.'S DATA FILES ("DATA FILES"), AND/OR SOFTWARE
("SOFTWARE"), YOU UNEQUIVOCALLY ACCEPT, AND AGREE TO BE BOUND
BY, ALL OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
AGREE,DO NOT DOWNLOAD, INSTALL, COPY, DISTRIBUTE OR USE THE DATA FILES OR
SOFTWARE.
COPYRIGHT AND PERMISSION NOTICE
Copyright
(c) 1991-2004 Unicode, Inc. All rights reserved. Distributed under the
Terms of
Use in http://www.unicode.org/copyright.html.
Permission is hereby granted, free of charge, to any person obtaining a copy
of the Unicode data files and associated documentation (the "Data Files")
or Unicode software and associated documentation (the "Software") to deal in
the Data Files or Software without restriction, including without limitation
the rights to use, copy, modify, merge, publish, distribute, and/or sell copies
of the Data Files or Software, and to permit persons to whom the Data Files
or Software are furnished to do so, provided that (a) the above copyright
notice(s) and this permission notice appear in all copies of the Data Files or
Software, (b) both the above copyright notice(s) and this permission notice
appear in associated documentation, and (c) there is clear notice in each
modified Data File or in the Software as well as in the documentation associated
with the Data
File(s) or Software that the data or software has been modified.
THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF
THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED
IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA
FILES OR SOFTWARE.
Except as contained in this notice, the name of a copyright
holder shall not be used in advertising or otherwise to promote the sale, use or
other dealings in these Data Files or Software without prior written
authorization of the copyright holder.
--------------------------------------------------------------------------------
Regarding this entire document or any portion of it (including the pseudocode
and C code), the author makes no guarantees and is not responsible for an
damage resulting from its use. The author grants irrevocable permission to
anyone to use, modify, and distribute it in any way that does not diminish the
rights of anyone else to use, modify, and distribute it, provided
that redistributed derivative works do not contain misleading author or
version information. Derivative works need not be licensed under similar terms.
--------------------------------------------------------------------------------
This file is in the public domain, so clarified as of
2009-05-17 by Arthur David Olson.
--------------------------------------------------------------------------------
Written by Doug Lea with assistance from members of JCP JSR-166
Expert Group and
released to the public domain, as explained at
http://creativecommons.org/publicdomain/zero/1.0/
--------------------------------------------------------------------------------
Written by Doug Lea with assistance from members of JCP JSR-166
Expert Group and
released to the public domain, as explained at
http://creativecommons.org/publicdomain/zero/1.0/
--------------------------------------------------------------------------------
SAX COPYRIGHT STATUS
Version 1.0 of the Simple API for XML (SAX), created collectively by
the membership of the XML-DEV mailing list, is hereby released into
the public domain.
No one owns SAX: you may use it freely in both commercial and
non-commercial applications, bundle it with your software
distribution, include it on a CD-ROM, list the source code in a book,
mirror the documentation at your own web site, or use it in any other
way you see fit.
NO WARRANTY
Because SAX is released to the public domain, there is no warranty for
the design or for the software implementation, to the extent permitted
by applicable law. Except when otherwise stated in writing the
copyright holders and/or other parties provide SAX "as is" without
warranty of any kind, either expressed or implied, including, but not
limited to, the implied warranties of merchantability and fitness for
a particular purpose. The entire risk as to the quality and
performance of SAX is with you. Should SAX prove defective, you
assume the cost of all necessary servicing, repair or correction.
In no event unless required by applicable law or agreed to in writing
will any copyright holder, or any other party who may modify and/or
redistribute SAX, be liable to you for damages, including any general,
special, incidental or consequential damages arising out of the use or
inability to use SAX (including but not limited to loss of data or
data being rendered inaccurate or losses sustained by you or third
parties or a failure of the SAX to operate with any other programs),
even if such holder or other party has been advised of the possibility
of such damages.
David Megginson <[email protected]>
1998-05-11
--------------------------------------------------------------------------------
I am placing this code in the Public Domain. Do with it as you will. This
software comes with no guarantees or warranties but with plenty of well-wishing
instead!
--------------------------------------------------------------------------------
Base 64 encoder - public domain.
--------------------------------------------------------------------------------
Written by Doug Lea with assistance from members of JCP JSR-166 Expert Group
and released to the public domain, as explained at
http://creativecommons.org/publicdomain/zero/1.0/
--------------------------------------------------------------------------------
Written by Doug Lea and Martin Buchholz with assistance from members of JCP
JSR-166 Expert Group and released to the public domain, as explained at
http://creativecommons.org/publicdomain/zero/1.0/
--------------------------------------------------------------------------------
Office Open XML schemas (ooxml-schemas-1.1.jar)
The Office Open XML schema definitions used by Apache POI are
a part of the Office Open XML ECMA Specification (ECMA-376, [1]).
As defined in section 9.4 of the ECMA bylaws [2], this specification
is available to all interested parties without restriction:
9.4 All documents when approved shall be made available to
all interested parties without restriction.
Furthermore, both Microsoft and Adobe have granted patent licenses
to this work [3,4,5].
[1] http://www.ecma-international.org/publications/standards/Ecma-376.htm
[2] http://www.ecma-international.org/memento/Ecmabylaws.htm
[3] http://www.microsoft.com/interop/osp/
[4]
http://www.ecma-international.org/publications/files/ECMA-ST/Ecma%20PATENT/ECMA-
376%20Edition%201%20Microsoft%20Patent%20Declaration.pdf
[5]
http://www.ecma-international.org/publications/files/ECMA-ST/Ecma%20PATENT/ga-
2006-191.pdf
--------------------------------------------------------------------------------
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
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Portions (C) International Organization for Standardization 1986: Permission to
copy in any form is granted for use with conforming SGML systems and
applications as defined in ISO 8879, provided this notice is included in all
copies.
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Portions (C) International Organization for Standardization 1986 Permission to
copy in any form is granted for use with conforming SGML systems and
applications as defined in ISO 8879, provided this notice is
included in all copies.
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Copyright (c) 1995-2005 International Business Machines Corporation and others
All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of
this software and associated documentation files
(the "Software"), to deal in the Software without restriction, including without
limitation the rights to use, copy, modify,
merge, publish, distribute, and/or sell copies of the Software, and to permit
persons
to whom the Software is furnished to do so, provided that the above copyright
notice(s) and this permission notice appear in all
copies of the Software and that both the above copyright notice(s) and this
permission notice appear in supporting documentation.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD
PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT
HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY
SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS
SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be
used in advertising or otherwise to promote the
sale, use or other dealings in this Software without prior written authorization
of the copyright holder.
All trademarks and registered trademarks mentioned herein are the property of
their respective owners.
--------------------------------------------------------------------------------
COPYRIGHT AND PERMISSION NOTICE Copyright (c) 2003 National Electronics
andComputer Technology Center and others All rights reserved.
Permission is
hereby granted, free of charge, to any person obtaining a copy of this software
and associateddocumentation files (the "Software"), to deal in the Software
without restriction, including without limitation the rights to use,copy, modify,
merge, publish, distribute, and/or sell copies of the Software,and to permit
persons to whom the Software isfurnished to do so, provided that the
above copyright notice(s) and thispermission notice appear in all copies of the
Softwareand that both the above copyright notice(s) and this permission notice
appear insupporting documentation.
THE SOFTWARE ISPROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR
IMPLIED, INCLUDINGBUT NOT LIMITED TO THE WARRANTIESOF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT
SHALL THE COPYRIGHTHOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY
CLAIM, OR ANYSPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANYDAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN ANACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUSACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THISSOFTWARE.
Except as contained in
this notice, thename of a copyright holder shall not be used in advertising or
otherwise topromote the sale, use or other dealings in thisSoftware without
prior written authorization of the copyright holder.
--------------------------------------------------------------------------------
The program is provided "as is" without any warranty express or
implied, including the warranty of non-infringement and the implied
warranties of merchantibility and fitness for a particular purpose.
IBM will not be liable for any damages suffered by you as a result
of using the Program. In no event will IBM be liable for any
special, indirect or consequential damages or lost profits even if
IBM has been advised of the possibility of their occurrence. IBM
will not be liable for any third party claims against you.
--------------------------------------------------------------------------------
Copyright (C) 2002 Kevin Atkinson ([email protected]). Verbatim copying and
distribution of this entire article is permitted in any medium, provided this
notice is preserved.
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Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions of source code must retain copyright
statements and notices. Redistributions must also contain a
copy of this document.
2. Redistributions in binary form must reproduce the
above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other
materials provided with the distribution.
3. The name "DOM4J" must not be used to endorse or promote
products derived from this Software without prior written
permission of MetaStuff, Ltd. For written permission,
please contact [email protected].
4. Products derived from this Software may not be called "DOM4J"
nor may "DOM4J" appear in their names without prior written
permission of MetaStuff, Ltd. DOM4J is a registered
trademark of MetaStuff, Ltd.
5. Due credit should be given to the DOM4J Project -
http://www.dom4j.org
THIS SOFTWARE IS PROVIDED BY METASTUFF, LTD. AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
METASTUFF, LTD. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
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 OF THIS SOFTWARE, EVEN IF ADVISED
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Common Public License - v 1.0
Updated 16 Apr 2009
As of 25 Feb 2009, IBM has assigned the Agreement Steward role for the CPL to
the Eclipse Foundation. Eclipse has designated the
Eclipse Public License (EPL) as the follow-on version of the CPL.
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.
--------------------------------------------------------------------------------
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
1. Definitions.
1.1. Contributor means each individual or entity that
creates or contributes to the creation of Modifications.