source: nutchez-0.1/tomcat/LICENSE @ 156

Last change on this file since 156 was 66, checked in by waue, 16 years ago

NutchEz - an easy way to nutch

File size: 37.1 KB
Line 
1
2                                 Apache License
3                           Version 2.0, January 2004
4                        http://www.apache.org/licenses/
5
6   TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
7
8   1. Definitions.
9
10      "License" shall mean the terms and conditions for use, reproduction,
11      and distribution as defined by Sections 1 through 9 of this document.
12
13      "Licensor" shall mean the copyright owner or entity authorized by
14      the copyright owner that is granting the License.
15
16      "Legal Entity" shall mean the union of the acting entity and all
17      other entities that control, are controlled by, or are under common
18      control with that entity. For the purposes of this definition,
19      "control" means (i) the power, direct or indirect, to cause the
20      direction or management of such entity, whether by contract or
21      otherwise, or (ii) ownership of fifty percent (50%) or more of the
22      outstanding shares, or (iii) beneficial ownership of such entity.
23
24      "You" (or "Your") shall mean an individual or Legal Entity
25      exercising permissions granted by this License.
26
27      "Source" form shall mean the preferred form for making modifications,
28      including but not limited to software source code, documentation
29      source, and configuration files.
30
31      "Object" form shall mean any form resulting from mechanical
32      transformation or translation of a Source form, including but
33      not limited to compiled object code, generated documentation,
34      and conversions to other media types.
35
36      "Work" shall mean the work of authorship, whether in Source or
37      Object form, made available under the License, as indicated by a
38      copyright notice that is included in or attached to the work
39      (an example is provided in the Appendix below).
40
41      "Derivative Works" shall mean any work, whether in Source or Object
42      form, that is based on (or derived from) the Work and for which the
43      editorial revisions, annotations, elaborations, or other modifications
44      represent, as a whole, an original work of authorship. For the purposes
45      of this License, Derivative Works shall not include works that remain
46      separable from, or merely link (or bind by name) to the interfaces of,
47      the Work and Derivative Works thereof.
48
49      "Contribution" shall mean any work of authorship, including
50      the original version of the Work and any modifications or additions
51      to that Work or Derivative Works thereof, that is intentionally
52      submitted to Licensor for inclusion in the Work by the copyright owner
53      or by an individual or Legal Entity authorized to submit on behalf of
54      the copyright owner. For the purposes of this definition, "submitted"
55      means any form of electronic, verbal, or written communication sent
56      to the Licensor or its representatives, including but not limited to
57      communication on electronic mailing lists, source code control systems,
58      and issue tracking systems that are managed by, or on behalf of, the
59      Licensor for the purpose of discussing and improving the Work, but
60      excluding communication that is conspicuously marked or otherwise
61      designated in writing by the copyright owner as "Not a Contribution."
62
63      "Contributor" shall mean Licensor and any individual or Legal Entity
64      on behalf of whom a Contribution has been received by Licensor and
65      subsequently incorporated within the Work.
66
67   2. Grant of Copyright License. Subject to the terms and conditions of
68      this License, each Contributor hereby grants to You a perpetual,
69      worldwide, non-exclusive, no-charge, royalty-free, irrevocable
70      copyright license to reproduce, prepare Derivative Works of,
71      publicly display, publicly perform, sublicense, and distribute the
72      Work and such Derivative Works in Source or Object form.
73
74   3. Grant of Patent License. Subject to the terms and conditions of
75      this License, each Contributor hereby grants to You a perpetual,
76      worldwide, non-exclusive, no-charge, royalty-free, irrevocable
77      (except as stated in this section) patent license to make, have made,
78      use, offer to sell, sell, import, and otherwise transfer the Work,
79      where such license applies only to those patent claims licensable
80      by such Contributor that are necessarily infringed by their
81      Contribution(s) alone or by combination of their Contribution(s)
82      with the Work to which such Contribution(s) was submitted. If You
83      institute patent litigation against any entity (including a
84      cross-claim or counterclaim in a lawsuit) alleging that the Work
85      or a Contribution incorporated within the Work constitutes direct
86      or contributory patent infringement, then any patent licenses
87      granted to You under this License for that Work shall terminate
88      as of the date such litigation is filed.
89
90   4. Redistribution. You may reproduce and distribute copies of the
91      Work or Derivative Works thereof in any medium, with or without
92      modifications, and in Source or Object form, provided that You
93      meet the following conditions:
94
95      (a) You must give any other recipients of the Work or
96          Derivative Works a copy of this License; and
97
98      (b) You must cause any modified files to carry prominent notices
99          stating that You changed the files; and
100
101      (c) You must retain, in the Source form of any Derivative Works
102          that You distribute, all copyright, patent, trademark, and
103          attribution notices from the Source form of the Work,
104          excluding those notices that do not pertain to any part of
105          the Derivative Works; and
106
107      (d) If the Work includes a "NOTICE" text file as part of its
108          distribution, then any Derivative Works that You distribute must
109          include a readable copy of the attribution notices contained
110          within such NOTICE file, excluding those notices that do not
111          pertain to any part of the Derivative Works, in at least one
112          of the following places: within a NOTICE text file distributed
113          as part of the Derivative Works; within the Source form or
114          documentation, if provided along with the Derivative Works; or,
115          within a display generated by the Derivative Works, if and
116          wherever such third-party notices normally appear. The contents
117          of the NOTICE file are for informational purposes only and
118          do not modify the License. You may add Your own attribution
119          notices within Derivative Works that You distribute, alongside
120          or as an addendum to the NOTICE text from the Work, provided
121          that such additional attribution notices cannot be construed
122          as modifying the License.
123
124      You may add Your own copyright statement to Your modifications and
125      may provide additional or different license terms and conditions
126      for use, reproduction, or distribution of Your modifications, or
127      for any such Derivative Works as a whole, provided Your use,
128      reproduction, and distribution of the Work otherwise complies with
129      the conditions stated in this License.
130
131   5. Submission of Contributions. Unless You explicitly state otherwise,
132      any Contribution intentionally submitted for inclusion in the Work
133      by You to the Licensor shall be under the terms and conditions of
134      this License, without any additional terms or conditions.
135      Notwithstanding the above, nothing herein shall supersede or modify
136      the terms of any separate license agreement you may have executed
137      with Licensor regarding such Contributions.
138
139   6. Trademarks. This License does not grant permission to use the trade
140      names, trademarks, service marks, or product names of the Licensor,
141      except as required for reasonable and customary use in describing the
142      origin of the Work and reproducing the content of the NOTICE file.
143
144   7. Disclaimer of Warranty. Unless required by applicable law or
145      agreed to in writing, Licensor provides the Work (and each
146      Contributor provides its Contributions) on an "AS IS" BASIS,
147      WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
148      implied, including, without limitation, any warranties or conditions
149      of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
150      PARTICULAR PURPOSE. You are solely responsible for determining the
151      appropriateness of using or redistributing the Work and assume any
152      risks associated with Your exercise of permissions under this License.
153
154   8. Limitation of Liability. In no event and under no legal theory,
155      whether in tort (including negligence), contract, or otherwise,
156      unless required by applicable law (such as deliberate and grossly
157      negligent acts) or agreed to in writing, shall any Contributor be
158      liable to You for damages, including any direct, indirect, special,
159      incidental, or consequential damages of any character arising as a
160      result of this License or out of the use or inability to use the
161      Work (including but not limited to damages for loss of goodwill,
162      work stoppage, computer failure or malfunction, or any and all
163      other commercial damages or losses), even if such Contributor
164      has been advised of the possibility of such damages.
165
166   9. Accepting Warranty or Additional Liability. While redistributing
167      the Work or Derivative Works thereof, You may choose to offer,
168      and charge a fee for, acceptance of support, warranty, indemnity,
169      or other liability obligations and/or rights consistent with this
170      License. However, in accepting such obligations, You may act only
171      on Your own behalf and on Your sole responsibility, not on behalf
172      of any other Contributor, and only if You agree to indemnify,
173      defend, and hold each Contributor harmless for any liability
174      incurred by, or claims asserted against, such Contributor by reason
175      of your accepting any such warranty or additional liability.
176
177   END OF TERMS AND CONDITIONS
178
179   APPENDIX: How to apply the Apache License to your work.
180
181      To apply the Apache License to your work, attach the following
182      boilerplate notice, with the fields enclosed by brackets "[]"
183      replaced with your own identifying information. (Don't include
184      the brackets!)  The text should be enclosed in the appropriate
185      comment syntax for the file format. We also recommend that a
186      file or class name and description of purpose be included on the
187      same "printed page" as the copyright notice for easier
188      identification within third-party archives.
189
190   Copyright [yyyy] [name of copyright owner]
191
192   Licensed under the Apache License, Version 2.0 (the "License");
193   you may not use this file except in compliance with the License.
194   You may obtain a copy of the License at
195
196       http://www.apache.org/licenses/LICENSE-2.0
197
198   Unless required by applicable law or agreed to in writing, software
199   distributed under the License is distributed on an "AS IS" BASIS,
200   WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
201   See the License for the specific language governing permissions and
202   limitations under the License.
203
204
205
206APACHE TOMCAT SUBCOMPONENTS:
207
208Apache Tomcat includes a number of subcomponents with separate copyright notices
209and license terms. Your use of these subcomponents is subject to the terms and
210conditions of the following licenses.
211
212
213For the jasper-jdt.jar component:
214
215Eclipse Public License - v 1.0
216
217THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
218LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
219CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
220
2211. DEFINITIONS
222
223"Contribution" means:
224
225a) in the case of the initial Contributor, the initial code and documentation
226distributed under this Agreement, and
227
228b) in the case of each subsequent Contributor:
229
230i) changes to the Program, and
231
232ii) additions to the Program;
233
234where such changes and/or additions to the Program originate from and are
235distributed by that particular Contributor. A Contribution 'originates' from a
236Contributor if it was added to the Program by such Contributor itself or anyone
237acting on such Contributor's behalf. Contributions do not include additions to
238the Program which: (i) are separate modules of software distributed in
239conjunction with the Program under their own license agreement, and (ii) are not
240derivative works of the Program.
241
242"Contributor" means any person or entity that distributes the Program.
243
244"Licensed Patents" mean patent claims licensable by a Contributor which are
245necessarily infringed by the use or sale of its Contribution alone or when
246combined with the Program.
247
248"Program" means the Contributions distributed in accordance with this Agreement.
249
250"Recipient" means anyone who receives the Program under this Agreement,
251including all Contributors.
252
2532. GRANT OF RIGHTS
254
255a) Subject to the terms of this Agreement, each Contributor hereby grants
256Recipient a non-exclusive, worldwide, royalty-free copyright license to
257reproduce, prepare derivative works of, publicly display, publicly perform,
258distribute and sublicense the Contribution of such Contributor, if any, and such
259derivative works, in source code and object code form.
260
261b) Subject to the terms of this Agreement, each Contributor hereby grants
262Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
263Patents to make, use, sell, offer to sell, import and otherwise transfer the
264Contribution of such Contributor, if any, in source code and object code form.
265This patent license shall apply to the combination of the Contribution and the
266Program if, at the time the Contribution is added by the Contributor, such
267addition of the Contribution causes such combination to be covered by the
268Licensed Patents. The patent license shall not apply to any other combinations
269which include the Contribution. No hardware per se is licensed hereunder.
270
271c) Recipient understands that although each Contributor grants the licenses to
272its Contributions set forth herein, no assurances are provided by any
273Contributor that the Program does not infringe the patent or other intellectual
274property rights of any other entity. Each Contributor disclaims any liability to
275Recipient for claims brought by any other entity based on infringement of
276intellectual property rights or otherwise. As a condition to exercising the
277rights and licenses granted hereunder, each Recipient hereby assumes sole
278responsibility to secure any other intellectual property rights needed, if any.
279For example, if a third party patent license is required to allow Recipient to
280distribute the Program, it is Recipient's responsibility to acquire that license
281before distributing the Program.
282
283d) Each Contributor represents that to its knowledge it has sufficient copyright
284rights in its Contribution, if any, to grant the copyright license set forth in
285this Agreement.
286
2873. REQUIREMENTS
288
289A Contributor may choose to distribute the Program in object code form under its
290own license agreement, provided that:
291
292a) it complies with the terms and conditions of this Agreement; and
293
294b) its license agreement:
295
296i) effectively disclaims on behalf of all Contributors all warranties and
297conditions, express and implied, including warranties or conditions of title and
298non-infringement, and implied warranties or conditions of merchantability and
299fitness for a particular purpose;
300
301ii) effectively excludes on behalf of all Contributors all liability for
302damages, including direct, indirect, special, incidental and consequential
303damages, such as lost profits;
304
305iii) states that any provisions which differ from this Agreement are offered by
306that Contributor alone and not by any other party; and
307
308iv) states that source code for the Program is available from such Contributor,
309and informs licensees how to obtain it in a reasonable manner on or through a
310medium customarily used for software exchange.
311
312When the Program is made available in source code form:
313
314a) it must be made available under this Agreement; and
315
316b) a copy of this Agreement must be included with each copy of the Program.
317
318Contributors may not remove or alter any copyright notices contained within the
319Program.
320
321Each Contributor must identify itself as the originator of its Contribution, if
322any, in a manner that reasonably allows subsequent Recipients to identify the
323originator of the Contribution.
324
3254. COMMERCIAL DISTRIBUTION
326
327Commercial distributors of software may accept certain responsibilities with
328respect to end users, business partners and the like. While this license is
329intended to facilitate the commercial use of the Program, the Contributor who
330includes the Program in a commercial product offering should do so in a manner
331which does not create potential liability for other Contributors. Therefore, if
332a Contributor includes the Program in a commercial product offering, such
333Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
334every other Contributor ("Indemnified Contributor") against any losses, damages
335and costs (collectively "Losses") arising from claims, lawsuits and other legal
336actions brought by a third party against the Indemnified Contributor to the
337extent caused by the acts or omissions of such Commercial Contributor in
338connection with its distribution of the Program in a commercial product
339offering. The obligations in this section do not apply to any claims or Losses
340relating to any actual or alleged intellectual property infringement. In order
341to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
342Contributor in writing of such claim, and b) allow the Commercial Contributor
343to control, and cooperate with the Commercial Contributor in, the defense and
344any related settlement negotiations. The Indemnified Contributor may
345participate in any such claim at its own expense.
346
347For example, a Contributor might include the Program in a commercial product
348offering, Product X. That Contributor is then a Commercial Contributor. If that
349Commercial Contributor then makes performance claims, or offers warranties
350related to Product X, those performance claims and warranties are such
351Commercial Contributor's responsibility alone. Under this section, the
352Commercial Contributor would have to defend claims against the other
353Contributors related to those performance claims and warranties, and if a court
354requires any other Contributor to pay any damages as a result, the Commercial
355Contributor must pay those damages.
356
3575. NO WARRANTY
358
359EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
360"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
361IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
362NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
363Recipient is solely responsible for determining the appropriateness of using and
364distributing the Program and assumes all risks associated with its exercise of
365rights under this Agreement , including but not limited to the risks and costs
366of program errors, compliance with applicable laws, damage to or loss of data,
367programs or equipment, and unavailability or interruption of operations.
368
3696. DISCLAIMER OF LIABILITY
370
371EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
372CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
373SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
374PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
375STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
376OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
377GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
378
3797. GENERAL
380
381If any provision of this Agreement is invalid or unenforceable under applicable
382law, it shall not affect the validity or enforceability of the remainder of the
383terms of this Agreement, and without further action by the parties hereto, such
384provision shall be reformed to the minimum extent necessary to make such
385provision valid and enforceable.
386
387If Recipient institutes patent litigation against any entity (including a
388cross-claim or counterclaim in a lawsuit) alleging that the Program itself
389(excluding combinations of the Program with other software or hardware)
390infringes such Recipient's patent(s), then such Recipient's rights granted under
391Section 2(b) shall terminate as of the date such litigation is filed.
392
393All Recipient's rights under this Agreement shall terminate if it fails to
394comply with any of the material terms or conditions of this Agreement and does
395not cure such failure in a reasonable period of time after becoming aware of
396such noncompliance. If all Recipient's rights under this Agreement terminate,
397Recipient agrees to cease use and distribution of the Program as soon as
398reasonably practicable. However, Recipient's obligations under this Agreement
399and any licenses granted by Recipient relating to the Program shall continue and
400survive.
401
402Everyone is permitted to copy and distribute copies of this Agreement, but in
403order to avoid inconsistency the Agreement is copyrighted and may only be
404modified in the following manner. The Agreement Steward reserves the right to
405publish new versions (including revisions) of this Agreement from time to time.
406No one other than the Agreement Steward has the right to modify this Agreement.
407The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation
408may assign the responsibility to serve as the Agreement Steward to a suitable
409separate entity. Each new version of the Agreement will be given a
410distinguishing version number. The Program (including Contributions) may always
411be distributed subject to the version of the Agreement under which it was
412received. In addition, after a new version of the Agreement is published,
413Contributor may elect to distribute the Program (including its Contributions)
414under the new version. Except as expressly stated in Sections 2(a) and 2(b)
415above, Recipient receives no rights or licenses to the intellectual property of
416any Contributor under this Agreement, whether expressly, by implication,
417estoppel or otherwise. All rights in the Program not expressly granted under
418this Agreement are reserved.
419
420This Agreement is governed by the laws of the State of New York and the
421intellectual property laws of the United States of America. No party to this
422Agreement will bring a legal action under this Agreement more than one year
423after the cause of action arose. Each party waives its rights to a jury trial in
424any resulting litigation.
425
426
427For the Windows Installer component:
428
429    * All NSIS source code, plug-ins, documentation, examples, header files and
430       graphics, with the exception of the compression modules and where
431       otherwise noted, are licensed under the zlib/libpng license.
432    * The zlib compression module for NSIS is licensed under the zlib/libpng
433       license.
434    * The bzip2 compression module for NSIS is licensed under the bzip2 license.
435    * The lzma compression module for NSIS is licensed under the Common Public
436       License version 1.0.
437
438zlib/libpng license
439
440This software is provided 'as-is', without any express or implied warranty. In
441no event will the authors be held liable for any damages arising from the use of
442this software.
443
444Permission is granted to anyone to use this software for any purpose, including
445commercial applications, and to alter it and redistribute it freely, subject to
446the following restrictions:
447
448   1. The origin of this software must not be misrepresented; you must not claim
449       that you wrote the original software. If you use this software in a
450       product, an acknowledgment in the product documentation would be
451       appreciated but is not required.
452   2. Altered source versions must be plainly marked as such, and must not be
453       misrepresented as being the original software.
454   3. This notice may not be removed or altered from any source distribution.
455
456bzip2 license
457
458Redistribution and use in source and binary forms, with or without modification,
459are permitted provided that the following conditions are met:
460
461   1. Redistributions of source code must retain the above copyright notice,
462       this list of conditions and the following disclaimer.
463   2. The origin of this software must not be misrepresented; you must not claim
464       that you wrote the original software. If you use this software in a
465       product, an acknowledgment in the product documentation would be
466       appreciated but is not required.
467   3. Altered source versions must be plainly marked as such, and must not be
468       misrepresented as being the original software.
469   4. The name of the author may not be used to endorse or promote products
470       derived from this software without specific prior written permission.
471
472THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS AND ANY EXPRESS OR IMPLIED
473WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
474MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
475SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
476EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
477OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
478INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
479CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
480IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
481OF SUCH DAMAGE.
482
483Julian Seward, Cambridge, UK.
484
485jseward@acm.org
486Common Public License version 1.0
487
488THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
489LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
490CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
491
4921. DEFINITIONS
493
494"Contribution" means:
495
496a) in the case of the initial Contributor, the initial code and documentation
497distributed under this Agreement, and b) in the case of each subsequent
498Contributor:
499
500i) changes to the Program, and
501
502ii) additions to the Program;
503
504where such changes and/or additions to the Program originate from and are
505distributed by that particular Contributor. A Contribution 'originates' from a
506Contributor if it was added to the Program by such Contributor itself or anyone
507acting on such Contributor's behalf. Contributions do not include additions to
508the Program which: (i) are separate modules of software distributed in
509conjunction with the Program under their own license agreement, and (ii) are not
510derivative works of the Program.
511
512"Contributor" means any person or entity that distributes the Program.
513
514"Licensed Patents " mean patent claims licensable by a Contributor which are
515necessarily infringed by the use or sale of its Contribution alone or when
516combined with the Program.
517
518"Program" means the Contributions distributed in accordance with this Agreement.
519
520"Recipient" means anyone who receives the Program under this Agreement,
521including all Contributors.
522
5232. GRANT OF RIGHTS
524
525a) Subject to the terms of this Agreement, each Contributor hereby grants
526Recipient a non-exclusive, worldwide, royalty-free copyright license to
527reproduce, prepare derivative works of, publicly display, publicly perform,
528distribute and sublicense the Contribution of such Contributor, if any, and such
529derivative works, in source code and object code form.
530
531b) Subject to the terms of this Agreement, each Contributor hereby grants
532Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
533Patents to make, use, sell, offer to sell, import and otherwise transfer the
534Contribution of such Contributor, if any, in source code and object code form.
535This patent license shall apply to the combination of the Contribution and the
536Program if, at the time the Contribution is added by the Contributor, such
537addition of the Contribution causes such combination to be covered by the
538Licensed Patents. The patent license shall not apply to any other combinations
539which include the Contribution. No hardware per se is licensed hereunder.
540
541c) Recipient understands that although each Contributor grants the licenses to
542its Contributions set forth herein, no assurances are provided by any
543Contributor that the Program does not infringe the patent or other intellectual
544property rights of any other entity. Each Contributor disclaims any liability to
545Recipient for claims brought by any other entity based on infringement of
546intellectual property rights or otherwise. As a condition to exercising the
547rights and licenses granted hereunder, each Recipient hereby assumes sole
548responsibility to secure any other intellectual property rights needed, if any.
549For example, if a third party patent license is required to allow Recipient to
550distribute the Program, it is Recipient's responsibility to acquire that license
551before distributing the Program.
552
553d) Each Contributor represents that to its knowledge it has sufficient copyright
554rights in its Contribution, if any, to grant the copyright license set forth in
555this Agreement.
556
5573. REQUIREMENTS
558
559A Contributor may choose to distribute the Program in object code form under its
560own license agreement, provided that:
561
562a) it complies with the terms and conditions of this Agreement; and
563
564b) its license agreement:
565
566i) effectively disclaims on behalf of all Contributors all warranties and
567conditions, express and implied, including warranties or conditions of title and
568non-infringement, and implied warranties or conditions of merchantability and
569fitness for a particular purpose;
570
571ii) effectively excludes on behalf of all Contributors all liability for
572damages, including direct, indirect, special, incidental and consequential
573damages, such as lost profits;
574
575iii) states that any provisions which differ from this Agreement are offered by
576that Contributor alone and not by any other party; and
577
578iv) states that source code for the Program is available from such Contributor,
579and informs licensees how to obtain it in a reasonable manner on or through a
580medium customarily used for software exchange.
581
582When the Program is made available in source code form:
583
584a) it must be made available under this Agreement; and
585
586b) a copy of this Agreement must be included with each copy of the Program.
587
588Contributors may not remove or alter any copyright notices contained within the
589Program.
590
591Each Contributor must identify itself as the originator of its Contribution, if
592any, in a manner that reasonably allows subsequent Recipients to identify the
593originator of the Contribution.
594
5954. COMMERCIAL DISTRIBUTION
596
597Commercial distributors of software may accept certain responsibilities with
598respect to end users, business partners and the like. While this license is
599intended to facilitate the commercial use of the Program, the Contributor who
600includes the Program in a commercial product offering should do so in a manner
601which does not create potential liability for other Contributors. Therefore, if
602a Contributor includes the Program in a commercial product offering, such
603Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
604every other Contributor ("Indemnified Contributor") against any losses, damages
605and costs (collectively "Losses") arising from claims, lawsuits and other legal
606actions brought by a third party against the Indemnified Contributor to the
607extent caused by the acts or omissions of such Commercial Contributor in
608connection with its distribution of the Program in a commercial product
609offering. The obligations in this section do not apply to any claims or Losses
610relating to any actual or alleged intellectual property infringement. In order
611to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
612Contributor in writing of such claim, and b) allow the Commercial Contributor to
613control, and cooperate with the Commercial Contributor in, the defense and any
614related settlement negotiations. The Indemnified Contributor may participate in
615any such claim at its own expense.
616
617For example, a Contributor might include the Program in a commercial product
618offering, Product X. That Contributor is then a Commercial Contributor. If that
619Commercial Contributor then makes performance claims, or offers warranties
620related to Product X, those performance claims and warranties are such
621Commercial Contributor's responsibility alone. Under this section, the
622Commercial Contributor would have to defend claims against the other
623Contributors related to those performance claims and warranties, and if a court
624requires any other Contributor to pay any damages as a result, the Commercial
625Contributor must pay those damages.
626
6275. NO WARRANTY
628
629EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
630"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
631IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
632NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
633Recipient is solely responsible for determining the appropriateness of using and
634distributing the Program and assumes all risks associated with its exercise of
635rights under this Agreement, including but not limited to the risks and costs of
636program errors, compliance with applicable laws, damage to or loss of data,
637programs or equipment, and unavailability or interruption of operations.
638
6396. DISCLAIMER OF LIABILITY
640
641EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
642CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
643SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
644PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
645STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
646OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
647GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
648
6497. GENERAL
650
651If any provision of this Agreement is invalid or unenforceable under applicable
652law, it shall not affect the validity or enforceability of the remainder of the
653terms of this Agreement, and without further action by the parties hereto, such
654provision shall be reformed to the minimum extent necessary to make such
655provision valid and enforceable.
656
657If Recipient institutes patent litigation against a Contributor with respect to
658a patent applicable to software (including a cross-claim or counterclaim in a
659lawsuit), then any patent licenses granted by that Contributor to such Recipient
660under this Agreement shall terminate as of the date such litigation is filed. In
661addition, if Recipient institutes patent litigation against any entity
662(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
663itself (excluding combinations of the Program with other software or hardware)
664infringes such Recipient's patent(s), then such Recipient's rights granted under
665Section 2(b) shall terminate as of the date such litigation is filed.
666
667All Recipient's rights under this Agreement shall terminate if it fails to
668comply with any of the material terms or conditions of this Agreement and does
669not cure such failure in a reasonable period of time after becoming aware of
670such noncompliance. If all Recipient's rights under this Agreement terminate,
671Recipient agrees to cease use and distribution of the Program as soon as
672reasonably practicable. However, Recipient's obligations under this Agreement
673and any licenses granted by Recipient relating to the Program shall continue and
674survive.
675
676Everyone is permitted to copy and distribute copies of this Agreement, but in
677order to avoid inconsistency the Agreement is copyrighted and may only be
678modified in the following manner. The Agreement Steward reserves the right to
679publish new versions (including revisions) of this Agreement from time to time.
680No one other than the Agreement Steward has the right to modify this Agreement.
681IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
682as the Agreement Steward to a suitable separate entity. Each new version of the
683Agreement will be given a distinguishing version number. The Program (including
684Contributions) may always be distributed subject to the version of the Agreement
685under which it was received. In addition, after a new version of the Agreement
686is published, Contributor may elect to distribute the Program (including its
687Contributions) under the new version. Except as expressly stated in Sections
6882(a) and 2(b) above, Recipient receives no rights or licenses to the
689intellectual property of any Contributor under this Agreement, whether
690expressly, by implication, estoppel or otherwise. All rights in the Program not
691expressly granted under this Agreement are reserved.
692
693This Agreement is governed by the laws of the State of New York and the
694intellectual property laws of the United States of America. No party to this
695Agreement will bring a legal action under this Agreement more than one year
696after the cause of action arose. Each party waives its rights to a jury trial in
697any resulting litigation.
698
699Special exception for LZMA compression module
700
701Igor Pavlov and Amir Szekely, the authors of the LZMA compression module for
702NSIS, expressly permit you to statically or dynamically link your code (or bind
703by name) to the files from the LZMA compression module for NSIS without
704subjecting your linked code to the terms of the Common Public license version
7051.0. Any modifications or additions to files from the LZMA compression module
706for NSIS, however, are subject to the terms of the Common Public License version
7071.0.
Note: See TracBrowser for help on using the repository browser.