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author | Patrick Kursawe <phosphan@gentoo.org> | 2003-12-17 09:02:08 +0000 |
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committer | Patrick Kursawe <phosphan@gentoo.org> | 2003-12-17 09:02:08 +0000 |
commit | cb41d173eaa4092f2b87847dffceae9a06ffd620 (patch) | |
tree | c751d316b0482da21542dcd46963960bb6f18e4d /licenses | |
parent | Initial import (diff) | |
download | gentoo-2-cb41d173eaa4092f2b87847dffceae9a06ffd620.tar.gz gentoo-2-cb41d173eaa4092f2b87847dffceae9a06ffd620.tar.bz2 gentoo-2-cb41d173eaa4092f2b87847dffceae9a06ffd620.zip |
Added license for app-sci/opendx
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/opendx | 224 |
1 files changed, 224 insertions, 0 deletions
diff --git a/licenses/opendx b/licenses/opendx new file mode 100644 index 000000000000..3362f6982a87 --- /dev/null +++ b/licenses/opendx @@ -0,0 +1,224 @@ +IBM PUBLIC LICENSE - Open Visualization Data Explorer VERSION 1.0 + +THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM +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 International Business Machines Corporation + ("IBM"), the Original Program, and + b) in the case of each Contributor, + i) changes to the Program, and + ii) any additions to the Program that are distributed in + conjunction with the Program under this Agreement; + 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 made or 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 IBM and any other entity that distributes the +Program. + +"Licensed Patents" mean those claims of patents licensable by a +Contributor which are necessarily infringed by each Contribution that +both originates from and is distributed by that particular +Contributor, if any, as well as claims of patents licensable by a +Contributor which are necessarily infringed by the Contributor's +Contribution when combined with the Program. + +"Original Program" means the original version of the software +accompanying this Agreement as released by IBM, including source code, +object code and documentation, if any. + +"Program" means the Original Program and Contributions. + +"Recipient" means the entity that 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, distribute, + publicly display, publicly perform and sublicense the Contribution + of such Contributor, if any, 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. The patent license + shall not apply to the combination of the Contribution with any + other software except that it shall apply to the combination of the + Contribution and the Program where, at the time the Contribution is + added, the addition of the Contribution causes the combination of + the Contribution and the Program to be covered by the Licensed + Patents. Nor shall any machine, apparatus or other hardware be + 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 precedent 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. + +Each Contributor must include the following in a conspicuous location +in the Program: + + (C) Copyright 1989, 1999 International Business Machines Corporation + and others. All Rights Reserved. + +In addition, 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 + +This Agreement does not prohibit any Contributor from including the +Program in a commercial product offering (including distribution in +object code form under a license agreement other than this Agreement), +provided that such Contributor ("Commercial Contributor") hereby +agrees to indemnify, defend and hold every other Contributor +("Indemnified Contributor") harmless from and against any losses, +damages, expenses (including reasonable attorneys' fees) and costs +(collectively "Losses") arising from claims, lawsuits and other legal +actions brought against the Indemnified Contributor to the extent +caused by the terms, conditions, acts or omissions of such Commercial +Contributor in connection with its distribution of the Program in a +commercial product offering, excluding any Losses arising from +intellectual property claims relating to the Program, provided that +any Indemnified Contributor: a) promptly notifies the Commercial +Contributor in writing of such claim, and b) allows the Commercial +Contributor to control, and cooperates with the Commercial Contributor +in, the defense and any related settlement negotiations. The +Indemnified Contributor shall have the right to participate at its own +expense. + +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, 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 effect 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 the 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 non-compliance. 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. + +IBM may publish new versions (including revisions) of this Agreement +from time to time. 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. No one +other than IBM has the right to modify this Agreement. 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. Recipient +agrees to comply with all applicable laws, rules and regulations, +including without limitation all export and import laws, rules and +regulations. |