Skip to content

HTTPS clone URL

Subversion checkout URL

You can clone with
or
.
Download ZIP
Newer
Older
100644 222 lines (189 sloc) 11.942 kb
98d95f9 Added the postfix license.
martti authored
1 IBM PUBLIC LICENSE VERSION 1.0 - SECURE MAILER
2
3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC
4 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
5 PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
6
7 1. DEFINITIONS
8
9 "Contribution" means:
10 a) in the case of International Business Machines Corporation ("IBM"),
11 the Original Program, and
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
16 from and are distributed by that particular Contributor.
17 A Contribution 'originates' from a Contributor if it was added
18 to the Program by such Contributor itself or anyone acting on
19 such Contributor's behalf.
20 Contributions do not include additions to the Program which:
21 (i) are separate modules of software distributed in conjunction
22 with the Program under their own license agreement, and
23 (ii) are not derivative works of the Program.
24
25 "Contributor" means IBM and any other entity that distributes the Program.
26
27 "Licensed Patents " mean patent claims licensable by a Contributor which
28 are necessarily infringed by the use or sale of its Contribution alone
29 or when combined with the Program.
30
31 "Original Program" means the original version of the software accompanying
32 this Agreement as released by IBM, including source code, object code
33 and documentation, if any.
34
35 "Program" means the Original Program and Contributions.
36
37 "Recipient" means anyone who receives the Program under this Agreement,
38 including all Contributors.
39
40 2. GRANT OF RIGHTS
41
42 a) Subject to the terms of this Agreement, each Contributor hereby
43 grants Recipient a non-exclusive, worldwide, royalty-free copyright
44 license to reproduce, prepare derivative works of, publicly display,
45 publicly perform, distribute and sublicense the Contribution of such
46 Contributor, if any, and such derivative works, in source code and
47 object code form.
48
49 b) Subject to the terms of this Agreement, each Contributor hereby
50 grants Recipient a non-exclusive, worldwide, royalty-free patent
51 license under Licensed Patents to make, use, sell, offer to sell,
52 import and otherwise transfer the Contribution of such Contributor,
53 if any, in source code and object code form. This patent license
54 shall apply to the combination of the Contribution and the Program
55 if, at the time the Contribution is added by the Contributor, such
56 addition of the Contribution causes such combination to be covered
57 by the Licensed Patents. The patent license shall not apply to any
58 other combinations which include the Contribution. No hardware per
59 se is licensed hereunder.
60
61 c) Recipient understands that although each Contributor grants the
62 licenses to its Contributions set forth herein, no assurances are
63 provided by any Contributor that the Program does not infringe the
64 patent or other intellectual property rights of any other entity.
65 Each Contributor disclaims any liability to Recipient for claims
66 brought by any other entity based on infringement of intellectual
67 property rights or otherwise. As a condition to exercising the rights
68 and licenses granted hereunder, each Recipient hereby assumes sole
69 responsibility to secure any other intellectual property rights
70 needed, if any. For example, if a third party patent license
71 is required to allow Recipient to distribute the Program, it is
72 Recipient's responsibility to acquire that license before distributing
73 the Program.
74
75 d) Each Contributor represents that to its knowledge it has sufficient
76 copyright rights in its Contribution, if any, to grant the copyright
77 license set forth in this Agreement.
78
79 3. REQUIREMENTS
80
81 A Contributor may choose to distribute the Program in object code form
82 under its own license agreement, provided that:
83 a) it complies with the terms and conditions of this Agreement; and
84 b) its license agreement:
85 i) effectively disclaims on behalf of all Contributors all
86 warranties and conditions, express and implied, including
87 warranties or conditions of title and non-infringement, and
88 implied warranties or conditions of merchantability and fitness
89 for a particular purpose;
90 ii) effectively excludes on behalf of all Contributors all
91 liability for damages, including direct, indirect, special,
92 incidental and consequential damages, such as lost profits;
93 iii) states that any provisions which differ from this Agreement
94 are offered by that Contributor alone and not by any other
95 party; and
96 iv) states that source code for the Program is available from
97 such Contributor, and informs licensees how to obtain it in a
98 reasonable manner on or through a medium customarily used for
99 software exchange.
100
101 When the Program is made available in source code form:
102 a) it must be made available under this Agreement; and
103 b) a copy of this Agreement must be included with each copy of the
104 Program.
105
106 Each Contributor must include the following in a conspicuous location
107 in the Program:
108
109 Copyright (c) 1997,1998,1999, International Business Machines
110 Corporation and others. All Rights Reserved.
111
112 In addition, each Contributor must identify itself as the originator of
113 its Contribution, if any, in a manner that reasonably allows subsequent
114 Recipients to identify the originator of the Contribution.
115
116 4. COMMERCIAL DISTRIBUTION
117
118 Commercial distributors of software may accept certain responsibilities
119 with respect to end users, business partners and the like. While this
120 license is intended to facilitate the commercial use of the Program, the
121 Contributor who includes the Program in a commercial product offering
122 should do so in a manner which does not create potential liability for
123 other Contributors. Therefore, if a Contributor includes the Program in
124 a commercial product offering, such Contributor ("Commercial Contributor")
125 hereby agrees to defend and indemnify every other Contributor
126 ("Indemnified Contributor") against any losses, damages and costs
127 (collectively "Losses") arising from claims, lawsuits and other legal
128 actions brought by a third party against the Indemnified Contributor to
129 the extent caused by the acts or omissions of such Commercial Contributor
130 in connection with its distribution of the Program in a commercial
131 product offering. The obligations in this section do not apply to any
132 claims or Losses relating to any actual or alleged intellectual property
133 infringement. In order to qualify, an Indemnified Contributor must:
134 a) promptly notify the Commercial Contributor in writing of such claim,
135 and
136 b) allow the Commercial Contributor to control, and cooperate with
137 the Commercial Contributor in, the defense and any related
138 settlement negotiations. The Indemnified Contributor may
139 participate in any such claim at its own expense.
140
141 For example, a Contributor might include the Program in a commercial
142 product offering, Product X. That Contributor is then a Commercial
143 Contributor. If that Commercial Contributor then makes performance
144 claims, or offers warranties related to Product X, those performance
145 claims and warranties are such Commercial Contributor's responsibility
146 alone. Under this section, the Commercial Contributor would have to
147 defend claims against the other Contributors related to those performance
148 claims and warranties, and if a court requires any other Contributor to
149 pay any damages as a result, the Commercial Contributor must pay those
150 damages.
151
152 5. NO WARRANTY
153
154 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
155 ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
156 EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
157 CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
158 PARTICULAR PURPOSE. Each Recipient is solely responsible for determining
159 the appropriateness of using and distributing the Program and assumes
160 all risks associated with its exercise of rights under this Agreement,
161 including but not limited to the risks and costs of program errors,
162 compliance with applicable laws, damage to or loss of data, programs or
163 equipment, and unavailability or interruption of operations.
164
165 6. DISCLAIMER OF LIABILITY
166
167 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
168 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
169 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
170 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
171 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
172 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION
173 OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
174 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
175
176 7. GENERAL
177
178 If any provision of this Agreement is invalid or unenforceable under
179 applicable law, it shall not affect the validity or enforceability of
180 the remainder of the terms of this Agreement, and without further action
181 by the parties hereto, such provision shall be reformed to the minimum
182 extent necessary to make such provision valid and enforceable.
183
184 If Recipient institutes patent litigation against a Contributor with
185 respect to a patent applicable to software (including a cross-claim or
186 counterclaim in a lawsuit), then any patent licenses granted by that
187 Contributor to such Recipient under this Agreement shall terminate
188 as of the date such litigation is filed. In addition, If Recipient
189 institutes patent litigation against any entity (including a cross-claim
190 or counterclaim in a lawsuit) alleging that the Program itself (excluding
191 combinations of the Program with other software or hardware) infringes
192 such Recipient's patent(s), then such Recipient's rights granted under
193 Section 2(b) shall terminate as of the date such litigation is filed.
194
195 All Recipient's rights under this Agreement shall terminate if it fails
196 to comply with any of the material terms or conditions of this Agreement
197 and does not cure such failure in a reasonable period of time after
198 becoming aware of such noncompliance. If all Recipient's rights under
199 this Agreement terminate, Recipient agrees to cease use and distribution
200 of the Program as soon as reasonably practicable. However, Recipient's
201 obligations under this Agreement and any licenses granted by Recipient
202 relating to the Program shall continue and survive.
203
204 IBM may publish new versions (including revisions) of this Agreement
205 from time to time. Each new version of the Agreement will be given a
206 distinguishing version number. The Program (including Contributions)
207 may always be distributed subject to the version of the Agreement under
208 which it was received. In addition, after a new version of the Agreement
209 is published, Contributor may elect to distribute the Program (including
210 its Contributions) under the new version. No one other than IBM has the
211 right to modify this Agreement. Except as expressly stated in Sections
212 2(a) and 2(b) above, Recipient receives no rights or licenses to the
213 intellectual property of any Contributor under this Agreement, whether
214 expressly, by implication, estoppel or otherwise. All rights in the
215 Program not expressly granted under this Agreement are reserved.
216
217 This Agreement is governed by the laws of the State of New York and the
218 intellectual property laws of the United States of America. No party to
219 this Agreement will bring a legal action under this Agreement more than
220 one year after the cause of action arose. Each party waives its rights
221 to a jury trial in any resulting litigation.
Something went wrong with that request. Please try again.