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authorBeth Flanagan <elizabeth.flanagan@intel.com>2011-05-25 13:47:52 -0700
committerRichard Purdie <richard.purdie@linuxfoundation.org>2011-05-27 18:27:22 +0100
commit5faff78a9a8ea98c116dc7797b75c73baa85ac5d (patch)
tree977c5c21632bfa4582812a27b5716d01cc819f11 /meta/files/common-licenses/IPL-1
parent183ef127f555af68084ab956363b375124dd2a57 (diff)
downloadpoky-5faff78a9a8ea98c116dc7797b75c73baa85ac5d.tar.gz
common-licenses: Adding new licenses and renaming
I'm adding full common licenses to the common license directory. These licenses are taken from the SPDX project or the OSI license repository. They conform to the SPDX naming convention and will be used by the new license.bbclass license parser in order to maintain some sort of internal standard for license naming. Going forward, we should have a bigger conversation about the LICENSE field and standardizing that to conform to this naming standard. (From OE-Core rev: acc260418a46dadd5598c53ad3491a21e8b2d6e8) Signed-off-by: Beth Flanagan <elizabeth.flanagan@intel.com> Signed-off-by: Richard Purdie <richard.purdie@linuxfoundation.org>
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1
2IBM Public License Version 1.0
3
4THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM
5PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
6OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
7
81. DEFINITIONS
9"Contribution" means:
10
11in the case of International Business Machines Corporation ("IBM"),
12the Original Program, and
13in the case of each Contributor,
14changes to the Program, and
15additions to the Program;
16where such changes and/or additions to the Program originate from and
17are distributed by that particular Contributor. A Contribution
18'originates' from a Contributor if it was added to the Program by
19such Contributor itself or anyone acting on such Contributor's
20behalf. Contributions do not include additions to the Program which:
21(i) are separate modules of software distributed in conjunction with
22the Program under their own license agreement, and (ii) are not
23derivative works of the Program.
24
25"Contributor" means IBM and any other entity that distributes the
26Program.
27
28"Licensed Patents " mean patent claims licensable by a
29Contributor which are necessarily infringed by the use or sale of its
30Contribution alone or when combined with the Program.
31
32"Original Program" means the original version of the software
33accompanying this Agreement as released by IBM, including source
34code, object code and documentation, if any.
35
36"Program" means the Original Program and Contributions.
37
38"Recipient" means anyone who receives the Program under this
39Agreement, including all Contributors.
40
412. GRANT OF RIGHTS
42Subject to the terms of this Agreement, each Contributor hereby
43grants Recipient a non-exclusive, worldwide, royalty-free copyright
44license to reproduce, prepare derivative works of, publicly display,
45publicly perform, distribute and sublicense the Contribution of such
46Contributor, if any, and such derivative works, in source code and
47object code form.
48Subject to the terms of this Agreement, each Contributor hereby
49grants Recipient a non-exclusive, worldwide, royalty-free patent
50license under Licensed Patents to make, use, sell, offer to sell,
51import and otherwise transfer the Contribution of such Contributor,
52if any, in source code and object code form. This patent license
53shall apply to the combination of the Contribution and the Program
54if, at the time the Contribution is added by the Contributor, such
55addition of the Contribution causes such combination to be covered by
56the Licensed Patents. The patent license shall not apply to any
57other combinations which include the Contribution. No hardware per
58se is licensed hereunder.
59
60Recipient understands that although each Contributor grants the
61licenses to its Contributions set forth herein, no assurances are
62provided by any Contributor that the Program does not infringe the
63patent or other intellectual property rights of any other entity.
64Each Contributor disclaims any liability to Recipient for claims
65brought by any other entity based on infringement of intellectual
66property rights or otherwise. As a condition to exercising the
67rights and licenses granted hereunder, each Recipient hereby assumes
68sole responsibility to secure any other intellectual property rights
69needed, if any. For example, if a third party patent license is
70required to allow Recipient to distribute the Program, it is
71Recipient's responsibility to acquire that license before
72distributing the Program.
73Each Contributor represents that to its knowledge it has
74sufficient copyright rights in its Contribution, if any, to grant the
75copyright license set forth in this Agreement.
763. REQUIREMENTS
77A Contributor may choose to distribute
78the Program in object code form under its own license agreement,
79provided that:
80
81it complies with the terms and conditions of this Agreement; and
82its license agreement:
83effectively disclaims on behalf of all Contributors all warranties
84and conditions, express and implied, including warranties or
85conditions of title and non-infringement, and implied warranties or
86conditions of merchantability and fitness for a particular purpose;
87effectively excludes on behalf of all Contributors all liability
88for damages, including direct, indirect, special, incidental and
89consequential damages, such as lost profits;
90states that any provisions which differ from this Agreement are
91offered by that Contributor alone and not by any other party; and
92
93states that source code for the Program is available from such
94Contributor, and informs licensees how to obtain it in a reasonable
95manner on or through a medium customarily used for software exchange.
96When the Program is made available in source code form:
97
98it must be made available under this Agreement; and
99a copy of this Agreement must be included with each copy of the
100Program.
101Each Contributor must include the following in a conspicuous location in the
102Program:
103
104Copyright (C) 1996, 1999 International Business Machines Corporation and
105others. All Rights Reserved.
106
107In addition, each Contributor must identify itself as the originator
108of its Contribution, if any, in a manner that reasonably allows
109subsequent Recipients to identify the originator of the Contribution.
110
1114. COMMERCIAL DISTRIBUTION
112Commercial distributors of software may accept certain
113responsibilities with respect to end users, business partners and the
114like. While this license is intended to facilitate the commercial
115use of the Program, the Contributor who includes the Program in a
116commercial product offering should do so in a manner which does not
117create potential liability for other Contributors. Therefore, if a
118Contributor includes the Program in a commercial product offering,
119such Contributor ("Commercial Contributor") hereby agrees to defend
120and indemnify every other Contributor ("Indemnified Contributor")
121against any losses, damages and costs (collectively "Losses") arising
122from claims, lawsuits and other legal actions brought by a third
123party against the Indemnified Contributor to the extent caused by the
124acts or omissions of such Commercial Contributor in connection with
125its distribution of the Program in a commercial product offering.
126The obligations in this section do not apply to any claims or Losses
127relating to any actual or alleged intellectual property infringement.
128In order to qualify, an Indemnified Contributor must: a) promptly
129notify the Commercial Contributor in writing of such claim, and b)
130allow the Commercial Contributor to control, and cooperate with the
131Commercial Contributor in, the defense and any related settlement
132negotiations. The Indemnified Contributor may participate in any
133such claim at its own expense.
134
135For example, a Contributor might include the Program in a commercial
136product offering, Product X. That Contributor is then a Commercial
137Contributor. If that Commercial Contributor then makes performance
138claims, or offers warranties related to Product X, those performance
139claims and warranties are such Commercial Contributor's
140responsibility alone. Under this section, the Commercial Contributor
141would have to defend claims against the other Contributors related to
142those performance claims and warranties, and if a court requires any
143other Contributor to pay any damages as a result, the Commercial
144Contributor must pay those damages.
145
1465. NO WARRANTY
147EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
148PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
149KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
150WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
151OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
152responsible for determining the appropriateness of using and
153distributing the Program and assumes all risks associated with its
154exercise of rights under this Agreement, including but not limited to
155the risks and costs of program errors, compliance with applicable
156laws, damage to or loss of data, programs or equipment, and
157unavailability or interruption of operations.
158
1596. DISCLAIMER OF LIABILITY
160EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
161NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
162INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
163(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
164ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
165TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
166THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
167GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
168
1697. GENERAL
170If any provision of this Agreement is invalid or unenforceable under
171applicable law, it shall not affect the validity or enforceability of
172the remainder of the terms of this Agreement, and without further
173action by the parties hereto, such provision shall be reformed to the
174minimum extent necessary to make such provision valid and enforceable.
175
176If Recipient institutes patent litigation against a Contributor with
177respect to a patent applicable to software (including a cross-claim
178or counterclaim in a lawsuit), then any patent licenses granted by
179that Contributor to such Recipient under this Agreement shall
180terminate as of the date such litigation is filed. In addition, if
181Recipient institutes patent litigation against any entity (including
182a cross-claim or counterclaim in a lawsuit) alleging that the Program
183itself (excluding combinations of the Program with other software or
184hardware) infringes such Recipient's patent(s), then such Recipient's
185rights granted under Section 2(b) shall terminate as of the date such
186litigation is filed.
187
188All Recipient's rights under this Agreement shall terminate if it
189fails to comply with any of the material terms or conditions of this
190Agreement and does not cure such failure in a reasonable period of
191time after becoming aware of such noncompliance. If all Recipient's
192rights under this Agreement terminate, Recipient agrees to cease use
193and distribution of the Program as soon as reasonably practicable.
194However, Recipient's obligations under this Agreement and any
195licenses granted by Recipient relating to the Program shall continue
196and survive.
197
198IBM may publish new versions (including revisions) of this Agreement
199from time to time. Each new version of the Agreement will be given a
200distinguishing version number. The Program (including Contributions)
201may always be distributed subject to the version of the Agreement
202under which it was received. In addition, after a new version of the
203Agreement is published, Contributor may elect to distribute the
204Program (including its Contributions) under the new version. No one
205other than IBM has the right to modify this Agreement. Except as
206expressly stated in Sections 2(a) and 2(b) above, Recipient receives
207no rights or licenses to the intellectual property of any Contributor
208under this Agreement, whether expressly, by implication, estoppel or
209otherwise. All rights in the Program not expressly granted under
210this Agreement are reserved.
211
212This Agreement is governed by the laws of the State of New York and
213the intellectual property laws of the United States of America. No
214party to this Agreement will bring a legal action under this
215Agreement more than one year after the cause of action arose. Each
216party waives its rights to a jury trial in any resulting litigation.
217
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