legal/Apache_poi_license.txt
author Stefan Hühner <stefan.huehner@openbravo.com
Fri, 12 Apr 2019 08:02:03 +0200
changeset 35689 435585a9485d
parent 26752 a09e481771c7
permissions -rw-r--r--
fixes 40598: do not use generics with Object, use instead knwon type
carlos@26752
     1
carlos@26752
     2
                                 Apache License
carlos@26752
     3
                           Version 2.0, January 2004
carlos@26752
     4
                        http://www.apache.org/licenses/
carlos@26752
     5
carlos@26752
     6
   TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
carlos@26752
     7
carlos@26752
     8
   1. Definitions.
carlos@26752
     9
carlos@26752
    10
      "License" shall mean the terms and conditions for use, reproduction,
carlos@26752
    11
      and distribution as defined by Sections 1 through 9 of this document.
carlos@26752
    12
carlos@26752
    13
      "Licensor" shall mean the copyright owner or entity authorized by
carlos@26752
    14
      the copyright owner that is granting the License.
carlos@26752
    15
carlos@26752
    16
      "Legal Entity" shall mean the union of the acting entity and all
carlos@26752
    17
      other entities that control, are controlled by, or are under common
carlos@26752
    18
      control with that entity. For the purposes of this definition,
carlos@26752
    19
      "control" means (i) the power, direct or indirect, to cause the
carlos@26752
    20
      direction or management of such entity, whether by contract or
carlos@26752
    21
      otherwise, or (ii) ownership of fifty percent (50%) or more of the
carlos@26752
    22
      outstanding shares, or (iii) beneficial ownership of such entity.
carlos@26752
    23
carlos@26752
    24
      "You" (or "Your") shall mean an individual or Legal Entity
carlos@26752
    25
      exercising permissions granted by this License.
carlos@26752
    26
carlos@26752
    27
      "Source" form shall mean the preferred form for making modifications,
carlos@26752
    28
      including but not limited to software source code, documentation
carlos@26752
    29
      source, and configuration files.
carlos@26752
    30
carlos@26752
    31
      "Object" form shall mean any form resulting from mechanical
carlos@26752
    32
      transformation or translation of a Source form, including but
carlos@26752
    33
      not limited to compiled object code, generated documentation,
carlos@26752
    34
      and conversions to other media types.
carlos@26752
    35
carlos@26752
    36
      "Work" shall mean the work of authorship, whether in Source or
carlos@26752
    37
      Object form, made available under the License, as indicated by a
carlos@26752
    38
      copyright notice that is included in or attached to the work
carlos@26752
    39
      (an example is provided in the Appendix below).
carlos@26752
    40
carlos@26752
    41
      "Derivative Works" shall mean any work, whether in Source or Object
carlos@26752
    42
      form, that is based on (or derived from) the Work and for which the
carlos@26752
    43
      editorial revisions, annotations, elaborations, or other modifications
carlos@26752
    44
      represent, as a whole, an original work of authorship. For the purposes
carlos@26752
    45
      of this License, Derivative Works shall not include works that remain
carlos@26752
    46
      separable from, or merely link (or bind by name) to the interfaces of,
carlos@26752
    47
      the Work and Derivative Works thereof.
carlos@26752
    48
carlos@26752
    49
      "Contribution" shall mean any work of authorship, including
carlos@26752
    50
      the original version of the Work and any modifications or additions
carlos@26752
    51
      to that Work or Derivative Works thereof, that is intentionally
carlos@26752
    52
      submitted to Licensor for inclusion in the Work by the copyright owner
carlos@26752
    53
      or by an individual or Legal Entity authorized to submit on behalf of
carlos@26752
    54
      the copyright owner. For the purposes of this definition, "submitted"
carlos@26752
    55
      means any form of electronic, verbal, or written communication sent
carlos@26752
    56
      to the Licensor or its representatives, including but not limited to
carlos@26752
    57
      communication on electronic mailing lists, source code control systems,
carlos@26752
    58
      and issue tracking systems that are managed by, or on behalf of, the
carlos@26752
    59
      Licensor for the purpose of discussing and improving the Work, but
carlos@26752
    60
      excluding communication that is conspicuously marked or otherwise
carlos@26752
    61
      designated in writing by the copyright owner as "Not a Contribution."
carlos@26752
    62
carlos@26752
    63
      "Contributor" shall mean Licensor and any individual or Legal Entity
carlos@26752
    64
      on behalf of whom a Contribution has been received by Licensor and
carlos@26752
    65
      subsequently incorporated within the Work.
carlos@26752
    66
carlos@26752
    67
   2. Grant of Copyright License. Subject to the terms and conditions of
carlos@26752
    68
      this License, each Contributor hereby grants to You a perpetual,
carlos@26752
    69
      worldwide, non-exclusive, no-charge, royalty-free, irrevocable
carlos@26752
    70
      copyright license to reproduce, prepare Derivative Works of,
carlos@26752
    71
      publicly display, publicly perform, sublicense, and distribute the
carlos@26752
    72
      Work and such Derivative Works in Source or Object form.
carlos@26752
    73
carlos@26752
    74
   3. Grant of Patent License. Subject to the terms and conditions of
carlos@26752
    75
      this License, each Contributor hereby grants to You a perpetual,
carlos@26752
    76
      worldwide, non-exclusive, no-charge, royalty-free, irrevocable
carlos@26752
    77
      (except as stated in this section) patent license to make, have made,
carlos@26752
    78
      use, offer to sell, sell, import, and otherwise transfer the Work,
carlos@26752
    79
      where such license applies only to those patent claims licensable
carlos@26752
    80
      by such Contributor that are necessarily infringed by their
carlos@26752
    81
      Contribution(s) alone or by combination of their Contribution(s)
carlos@26752
    82
      with the Work to which such Contribution(s) was submitted. If You
carlos@26752
    83
      institute patent litigation against any entity (including a
carlos@26752
    84
      cross-claim or counterclaim in a lawsuit) alleging that the Work
carlos@26752
    85
      or a Contribution incorporated within the Work constitutes direct
carlos@26752
    86
      or contributory patent infringement, then any patent licenses
carlos@26752
    87
      granted to You under this License for that Work shall terminate
carlos@26752
    88
      as of the date such litigation is filed.
carlos@26752
    89
carlos@26752
    90
   4. Redistribution. You may reproduce and distribute copies of the
carlos@26752
    91
      Work or Derivative Works thereof in any medium, with or without
carlos@26752
    92
      modifications, and in Source or Object form, provided that You
carlos@26752
    93
      meet the following conditions:
carlos@26752
    94
carlos@26752
    95
      (a) You must give any other recipients of the Work or
carlos@26752
    96
          Derivative Works a copy of this License; and
carlos@26752
    97
carlos@26752
    98
      (b) You must cause any modified files to carry prominent notices
carlos@26752
    99
          stating that You changed the files; and
carlos@26752
   100
carlos@26752
   101
      (c) You must retain, in the Source form of any Derivative Works
carlos@26752
   102
          that You distribute, all copyright, patent, trademark, and
carlos@26752
   103
          attribution notices from the Source form of the Work,
carlos@26752
   104
          excluding those notices that do not pertain to any part of
carlos@26752
   105
          the Derivative Works; and
carlos@26752
   106
carlos@26752
   107
      (d) If the Work includes a "NOTICE" text file as part of its
carlos@26752
   108
          distribution, then any Derivative Works that You distribute must
carlos@26752
   109
          include a readable copy of the attribution notices contained
carlos@26752
   110
          within such NOTICE file, excluding those notices that do not
carlos@26752
   111
          pertain to any part of the Derivative Works, in at least one
carlos@26752
   112
          of the following places: within a NOTICE text file distributed
carlos@26752
   113
          as part of the Derivative Works; within the Source form or
carlos@26752
   114
          documentation, if provided along with the Derivative Works; or,
carlos@26752
   115
          within a display generated by the Derivative Works, if and
carlos@26752
   116
          wherever such third-party notices normally appear. The contents
carlos@26752
   117
          of the NOTICE file are for informational purposes only and
carlos@26752
   118
          do not modify the License. You may add Your own attribution
carlos@26752
   119
          notices within Derivative Works that You distribute, alongside
carlos@26752
   120
          or as an addendum to the NOTICE text from the Work, provided
carlos@26752
   121
          that such additional attribution notices cannot be construed
carlos@26752
   122
          as modifying the License.
carlos@26752
   123
carlos@26752
   124
      You may add Your own copyright statement to Your modifications and
carlos@26752
   125
      may provide additional or different license terms and conditions
carlos@26752
   126
      for use, reproduction, or distribution of Your modifications, or
carlos@26752
   127
      for any such Derivative Works as a whole, provided Your use,
carlos@26752
   128
      reproduction, and distribution of the Work otherwise complies with
carlos@26752
   129
      the conditions stated in this License.
carlos@26752
   130
carlos@26752
   131
   5. Submission of Contributions. Unless You explicitly state otherwise,
carlos@26752
   132
      any Contribution intentionally submitted for inclusion in the Work
carlos@26752
   133
      by You to the Licensor shall be under the terms and conditions of
carlos@26752
   134
      this License, without any additional terms or conditions.
carlos@26752
   135
      Notwithstanding the above, nothing herein shall supersede or modify
carlos@26752
   136
      the terms of any separate license agreement you may have executed
carlos@26752
   137
      with Licensor regarding such Contributions.
carlos@26752
   138
carlos@26752
   139
   6. Trademarks. This License does not grant permission to use the trade
carlos@26752
   140
      names, trademarks, service marks, or product names of the Licensor,
carlos@26752
   141
      except as required for reasonable and customary use in describing the
carlos@26752
   142
      origin of the Work and reproducing the content of the NOTICE file.
carlos@26752
   143
carlos@26752
   144
   7. Disclaimer of Warranty. Unless required by applicable law or
carlos@26752
   145
      agreed to in writing, Licensor provides the Work (and each
carlos@26752
   146
      Contributor provides its Contributions) on an "AS IS" BASIS,
carlos@26752
   147
      WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
carlos@26752
   148
      implied, including, without limitation, any warranties or conditions
carlos@26752
   149
      of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
carlos@26752
   150
      PARTICULAR PURPOSE. You are solely responsible for determining the
carlos@26752
   151
      appropriateness of using or redistributing the Work and assume any
carlos@26752
   152
      risks associated with Your exercise of permissions under this License.
carlos@26752
   153
carlos@26752
   154
   8. Limitation of Liability. In no event and under no legal theory,
carlos@26752
   155
      whether in tort (including negligence), contract, or otherwise,
carlos@26752
   156
      unless required by applicable law (such as deliberate and grossly
carlos@26752
   157
      negligent acts) or agreed to in writing, shall any Contributor be
carlos@26752
   158
      liable to You for damages, including any direct, indirect, special,
carlos@26752
   159
      incidental, or consequential damages of any character arising as a
carlos@26752
   160
      result of this License or out of the use or inability to use the
carlos@26752
   161
      Work (including but not limited to damages for loss of goodwill,
carlos@26752
   162
      work stoppage, computer failure or malfunction, or any and all
carlos@26752
   163
      other commercial damages or losses), even if such Contributor
carlos@26752
   164
      has been advised of the possibility of such damages.
carlos@26752
   165
carlos@26752
   166
   9. Accepting Warranty or Additional Liability. While redistributing
carlos@26752
   167
      the Work or Derivative Works thereof, You may choose to offer,
carlos@26752
   168
      and charge a fee for, acceptance of support, warranty, indemnity,
carlos@26752
   169
      or other liability obligations and/or rights consistent with this
carlos@26752
   170
      License. However, in accepting such obligations, You may act only
carlos@26752
   171
      on Your own behalf and on Your sole responsibility, not on behalf
carlos@26752
   172
      of any other Contributor, and only if You agree to indemnify,
carlos@26752
   173
      defend, and hold each Contributor harmless for any liability
carlos@26752
   174
      incurred by, or claims asserted against, such Contributor by reason
carlos@26752
   175
      of your accepting any such warranty or additional liability.
carlos@26752
   176
carlos@26752
   177
   END OF TERMS AND CONDITIONS
carlos@26752
   178
carlos@26752
   179
   APPENDIX: How to apply the Apache License to your work.
carlos@26752
   180
carlos@26752
   181
      To apply the Apache License to your work, attach the following
carlos@26752
   182
      boilerplate notice, with the fields enclosed by brackets "[]"
carlos@26752
   183
      replaced with your own identifying information. (Don't include
carlos@26752
   184
      the brackets!)  The text should be enclosed in the appropriate
carlos@26752
   185
      comment syntax for the file format. We also recommend that a
carlos@26752
   186
      file or class name and description of purpose be included on the
carlos@26752
   187
      same "printed page" as the copyright notice for easier
carlos@26752
   188
      identification within third-party archives.
carlos@26752
   189
carlos@26752
   190
   Copyright [yyyy] [name of copyright owner]
carlos@26752
   191
carlos@26752
   192
   Licensed under the Apache License, Version 2.0 (the "License");
carlos@26752
   193
   you may not use this file except in compliance with the License.
carlos@26752
   194
   You may obtain a copy of the License at
carlos@26752
   195
carlos@26752
   196
       http://www.apache.org/licenses/LICENSE-2.0
carlos@26752
   197
carlos@26752
   198
   Unless required by applicable law or agreed to in writing, software
carlos@26752
   199
   distributed under the License is distributed on an "AS IS" BASIS,
carlos@26752
   200
   WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
carlos@26752
   201
   See the License for the specific language governing permissions and
carlos@26752
   202
   limitations under the License.
carlos@26752
   203
carlos@26752
   204
carlos@26752
   205
APACHE POI SUBCOMPONENTS:
carlos@26752
   206
carlos@26752
   207
Apache POI includes subcomponents with separate copyright notices and
carlos@26752
   208
license terms. Your use of these subcomponents is subject to the terms
carlos@26752
   209
and conditions of the following licenses:
carlos@26752
   210
carlos@26752
   211
carlos@26752
   212
Office Open XML schemas (ooxml-schemas-1.0.jar)
carlos@26752
   213
carlos@26752
   214
    The Office Open XML schema definitions used by Apache POI are
carlos@26752
   215
    a part of the Office Open XML ECMA Specification (ECMA-376, [1]).
carlos@26752
   216
    As defined in section 9.4 of the ECMA bylaws [2], this specification
carlos@26752
   217
    is available to all interested parties without restriction:
carlos@26752
   218
carlos@26752
   219
        9.4 All documents when approved shall be made available to
carlos@26752
   220
            all interested parties without restriction.
carlos@26752
   221
carlos@26752
   222
    Furthermore, both Microsoft and Adobe have granted patent licenses
carlos@26752
   223
    to this work [3,4,5].
carlos@26752
   224
carlos@26752
   225
    [1] http://www.ecma-international.org/publications/standards/Ecma-376.htm
carlos@26752
   226
    [2] http://www.ecma-international.org/memento/Ecmabylaws.htm
carlos@26752
   227
    [3] http://www.microsoft.com/interop/osp/
carlos@26752
   228
    [4] http://www.ecma-international.org/publications/files/ECMA-ST/Ecma%20PATENT/ECMA-376%20Edition%201%20Microsoft%20Patent%20Declaration.pdf
carlos@26752
   229
    [5] http://www.ecma-international.org/publications/files/ECMA-ST/Ecma%20PATENT/ga-2006-191.pdf
carlos@26752
   230
carlos@26752
   231
carlos@26752
   232
DOM4J library (dom4j-1.6.1.jar)
carlos@26752
   233
carlos@26752
   234
    Copyright 2001-2005 (C) MetaStuff, Ltd. All Rights Reserved.
carlos@26752
   235
carlos@26752
   236
    Redistribution and use of this software and associated documentation
carlos@26752
   237
    ("Software"), with or without modification, are permitted provided
carlos@26752
   238
    that the following conditions are met:
carlos@26752
   239
carlos@26752
   240
    1. Redistributions of source code must retain copyright
carlos@26752
   241
       statements and notices.  Redistributions must also contain a
carlos@26752
   242
       copy of this document.
carlos@26752
   243
carlos@26752
   244
    2. Redistributions in binary form must reproduce the
carlos@26752
   245
       above copyright notice, this list of conditions and the
carlos@26752
   246
       following disclaimer in the documentation and/or other
carlos@26752
   247
       materials provided with the distribution.
carlos@26752
   248
carlos@26752
   249
    3. The name "DOM4J" must not be used to endorse or promote
carlos@26752
   250
       products derived from this Software without prior written
carlos@26752
   251
       permission of MetaStuff, Ltd.  For written permission,
carlos@26752
   252
       please contact dom4j-info@metastuff.com.
carlos@26752
   253
carlos@26752
   254
    4. Products derived from this Software may not be called "DOM4J"
carlos@26752
   255
       nor may "DOM4J" appear in their names without prior written
carlos@26752
   256
       permission of MetaStuff, Ltd. DOM4J is a registered
carlos@26752
   257
       trademark of MetaStuff, Ltd.
carlos@26752
   258
carlos@26752
   259
    5. Due credit should be given to the DOM4J Project - 
carlos@26752
   260
       http://www.dom4j.org
carlos@26752
   261
 
carlos@26752
   262
    THIS SOFTWARE IS PROVIDED BY METASTUFF, LTD. AND CONTRIBUTORS
carlos@26752
   263
    ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT
carlos@26752
   264
    NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
carlos@26752
   265
    FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL
carlos@26752
   266
    METASTUFF, LTD. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
carlos@26752
   267
    INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
carlos@26752
   268
    (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
carlos@26752
   269
    SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
carlos@26752
   270
    HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
carlos@26752
   271
    STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
carlos@26752
   272
    ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
carlos@26752
   273
    OF THE POSSIBILITY OF SUCH DAMAGE.
carlos@26752
   274
carlos@26752
   275
carlos@26752
   276
JUnit test library (junit-3.8.1.jar)
carlos@26752
   277
carlos@26752
   278
    Common Public License - v 1.0
carlos@26752
   279
carlos@26752
   280
    THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
carlos@26752
   281
    PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
carlos@26752
   282
    OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
carlos@26752
   283
carlos@26752
   284
    1. DEFINITIONS
carlos@26752
   285
carlos@26752
   286
    "Contribution" means:
carlos@26752
   287
carlos@26752
   288
    a) in the case of the initial Contributor, the initial code and
carlos@26752
   289
       documentation distributed under this Agreement, and
carlos@26752
   290
carlos@26752
   291
    b) in the case of each subsequent Contributor:
carlos@26752
   292
carlos@26752
   293
       i)  changes to the Program, and
carlos@26752
   294
carlos@26752
   295
       ii) additions to the Program;
carlos@26752
   296
carlos@26752
   297
       where such changes and/or additions to the Program originate from
carlos@26752
   298
       and are distributed by that particular Contributor. A Contribution
carlos@26752
   299
       'originates' from a Contributor if it was added to the Program by
carlos@26752
   300
       such Contributor itself or anyone acting on such Contributor's behalf.
carlos@26752
   301
       Contributions do not include additions to the Program which: (i) are
carlos@26752
   302
       separate modules of software distributed in conjunction with the
carlos@26752
   303
       Program under their own license agreement, and (ii) are not derivative
carlos@26752
   304
       works of the Program.
carlos@26752
   305
carlos@26752
   306
    "Contributor" means any person or entity that distributes the Program.
carlos@26752
   307
carlos@26752
   308
    "Licensed Patents " mean patent claims licensable by a Contributor which
carlos@26752
   309
    are necessarily infringed by the use or sale of its Contribution alone
carlos@26752
   310
    or when combined with the Program.
carlos@26752
   311
carlos@26752
   312
    "Program" means the Contributions distributed in accordance with this
carlos@26752
   313
    Agreement.
carlos@26752
   314
carlos@26752
   315
    "Recipient" means anyone who receives the Program under this Agreement,
carlos@26752
   316
    including all Contributors.
carlos@26752
   317
carlos@26752
   318
    2. GRANT OF RIGHTS
carlos@26752
   319
carlos@26752
   320
    a) Subject to the terms of this Agreement, each Contributor hereby grants
carlos@26752
   321
       Recipient a non-exclusive, worldwide, royalty-free copyright license
carlos@26752
   322
       to reproduce, prepare derivative works of, publicly display, publicly
carlos@26752
   323
       perform, distribute and sublicense the Contribution of such
carlos@26752
   324
       Contributor, if any, and such derivative works, in source code and
carlos@26752
   325
       object code form.
carlos@26752
   326
carlos@26752
   327
    b) Subject to the terms of this Agreement, each Contributor hereby grants
carlos@26752
   328
       Recipient a non-exclusive, worldwide, royalty-free patent license under
carlos@26752
   329
       Licensed Patents to make, use, sell, offer to sell, import and
carlos@26752
   330
       otherwise transfer the Contribution of such Contributor, if any, in
carlos@26752
   331
       source code and object code form. This patent license shall apply to
carlos@26752
   332
       the combination of the Contribution and the Program if, at the time
carlos@26752
   333
       the Contribution is added by the Contributor, such addition of the
carlos@26752
   334
       Contribution causes such combination to be covered by the Licensed
carlos@26752
   335
       Patents. The patent license shall not apply to any other combinations
carlos@26752
   336
       which include the Contribution. No hardware per se is licensed
carlos@26752
   337
       hereunder.
carlos@26752
   338
carlos@26752
   339
    c) Recipient understands that although each Contributor grants the
carlos@26752
   340
       licenses to its Contributions set forth herein, no assurances are
carlos@26752
   341
       provided by any Contributor that the Program does not infringe the
carlos@26752
   342
       patent or other intellectual property rights of any other entity.
carlos@26752
   343
       Each Contributor disclaims any liability to Recipient for claims
carlos@26752
   344
       brought by any other entity based on infringement of intellectual
carlos@26752
   345
       property rights or otherwise. As a condition to exercising the rights
carlos@26752
   346
       and licenses granted hereunder, each Recipient hereby assumes sole
carlos@26752
   347
       responsibility to secure any other intellectual property rights
carlos@26752
   348
       needed, if any. For example, if a third party patent license is
carlos@26752
   349
       required to allow Recipient to distribute the Program, it is
carlos@26752
   350
       Recipient's responsibility to acquire that license before
carlos@26752
   351
       distributing the Program.
carlos@26752
   352
carlos@26752
   353
    d) Each Contributor represents that to its knowledge it has sufficient
carlos@26752
   354
       copyright rights in its Contribution, if any, to grant the copyright
carlos@26752
   355
       license set forth in this Agreement.
carlos@26752
   356
carlos@26752
   357
    3. REQUIREMENTS
carlos@26752
   358
carlos@26752
   359
    A Contributor may choose to distribute the Program in object code form
carlos@26752
   360
    under its own license agreement, provided that:
carlos@26752
   361
carlos@26752
   362
    a) it complies with the terms and conditions of this Agreement; and
carlos@26752
   363
carlos@26752
   364
    b) its license agreement:
carlos@26752
   365
carlos@26752
   366
       i)   effectively disclaims on behalf of all Contributors all warranties
carlos@26752
   367
            and conditions, express and implied, including warranties or
carlos@26752
   368
            conditions of title and non-infringement, and implied warranties
carlos@26752
   369
            or conditions of merchantability and fitness for a particular
carlos@26752
   370
            purpose;
carlos@26752
   371
carlos@26752
   372
       ii)  effectively excludes on behalf of all Contributors all liability
carlos@26752
   373
            for damages, including direct, indirect, special, incidental and
carlos@26752
   374
            consequential damages, such as lost profits;
carlos@26752
   375
carlos@26752
   376
       iii) states that any provisions which differ from this Agreement are
carlos@26752
   377
            offered by that Contributor alone and not by any other party; and
carlos@26752
   378
carlos@26752
   379
       iv)  states that source code for the Program is available from such
carlos@26752
   380
            Contributor, and informs licensees how to obtain it in a
carlos@26752
   381
            reasonable manner on or through a medium customarily used for
carlos@26752
   382
            software exchange.
carlos@26752
   383
carlos@26752
   384
    When the Program is made available in source code form:
carlos@26752
   385
carlos@26752
   386
    a) it must be made available under this Agreement; and
carlos@26752
   387
carlos@26752
   388
    b) a copy of this Agreement must be included with each copy of
carlos@26752
   389
       the Program.
carlos@26752
   390
carlos@26752
   391
    Contributors may not remove or alter any copyright notices contained
carlos@26752
   392
    within the Program.
carlos@26752
   393
carlos@26752
   394
    Each Contributor must identify itself as the originator of its
carlos@26752
   395
    Contribution, if any, in a manner that reasonably allows subsequent
carlos@26752
   396
    Recipients to identify the originator of the Contribution.
carlos@26752
   397
carlos@26752
   398
    4. COMMERCIAL DISTRIBUTION
carlos@26752
   399
carlos@26752
   400
    Commercial distributors of software may accept certain responsibilities
carlos@26752
   401
    with respect to end users, business partners and the like. While this
carlos@26752
   402
    license is intended to facilitate the commercial use of the Program,
carlos@26752
   403
    the Contributor who includes the Program in a commercial product offering
carlos@26752
   404
    should do so in a manner which does not create potential liability for
carlos@26752
   405
    other Contributors. Therefore, if a Contributor includes the Program
carlos@26752
   406
    in a commercial product offering, such Contributor ("Commercial
carlos@26752
   407
    Contributor") hereby agrees to defend and indemnify every other
carlos@26752
   408
    Contributor ("Indemnified Contributor") against any losses, damages
carlos@26752
   409
    and costs (collectively "Losses") arising from claims, lawsuits and
carlos@26752
   410
    other legal actions brought by a third party against the Indemnified
carlos@26752
   411
    Contributor to the extent caused by the acts or omissions of such
carlos@26752
   412
    Commercial Contributor in connection with its distribution of the
carlos@26752
   413
    Program in a commercial product offering. The obligations in this
carlos@26752
   414
    section do not apply to any claims or Losses relating to any actual
carlos@26752
   415
    or alleged intellectual property infringement. In order to qualify,
carlos@26752
   416
    an Indemnified Contributor must: a) promptly notify the Commercial
carlos@26752
   417
    Contributor in writing of such claim, and b) allow the Commercial
carlos@26752
   418
    Contributor to control, and cooperate with the Commercial Contributor
carlos@26752
   419
    in, the defense and any related settlement negotiations. The Indemnified
carlos@26752
   420
    Contributor may participate in any such claim at its own expense.
carlos@26752
   421
carlos@26752
   422
    For example, a Contributor might include the Program in a commercial
carlos@26752
   423
    product offering, Product X. That Contributor is then a Commercial
carlos@26752
   424
    Contributor. If that Commercial Contributor then makes performance
carlos@26752
   425
    claims, or offers warranties related to Product X, those performance
carlos@26752
   426
    claims and warranties are such Commercial Contributor's responsibility
carlos@26752
   427
    alone. Under this section, the Commercial Contributor would have to
carlos@26752
   428
    defend claims against the other Contributors related to those
carlos@26752
   429
    performance claims and warranties, and if a court requires any other
carlos@26752
   430
    Contributor to pay any damages as a result, the Commercial Contributor
carlos@26752
   431
    must pay those damages.
carlos@26752
   432
carlos@26752
   433
    5. NO WARRANTY
carlos@26752
   434
carlos@26752
   435
    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
carlos@26752
   436
    ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
carlos@26752
   437
    EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
carlos@26752
   438
    CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
carlos@26752
   439
    A PARTICULAR PURPOSE. Each Recipient is solely responsible for
carlos@26752
   440
    determining the appropriateness of using and distributing the Program
carlos@26752
   441
    and assumes all risks associated with its exercise of rights under this
carlos@26752
   442
    Agreement, including but not limited to the risks and costs of program
carlos@26752
   443
    errors, compliance with applicable laws, damage to or loss of data,
carlos@26752
   444
    programs or equipment, and unavailability or interruption of operations.
carlos@26752
   445
carlos@26752
   446
    6. DISCLAIMER OF LIABILITY
carlos@26752
   447
carlos@26752
   448
    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
carlos@26752
   449
    ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
carlos@26752
   450
    INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
carlos@26752
   451
    WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
carlos@26752
   452
    LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
carlos@26752
   453
    NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
carlos@26752
   454
    DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
carlos@26752
   455
    HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
carlos@26752
   456
carlos@26752
   457
    7. GENERAL
carlos@26752
   458
carlos@26752
   459
    If any provision of this Agreement is invalid or unenforceable under
carlos@26752
   460
    applicable law, it shall not affect the validity or enforceability of
carlos@26752
   461
    the remainder of the terms of this Agreement, and without further
carlos@26752
   462
    action by the parties hereto, such provision shall be reformed to the
carlos@26752
   463
    minimum extent necessary to make such provision valid and enforceable.
carlos@26752
   464
carlos@26752
   465
    If Recipient institutes patent litigation against a Contributor with
carlos@26752
   466
    respect to a patent applicable to software (including a cross-claim or
carlos@26752
   467
    counterclaim in a lawsuit), then any patent licenses granted by that
carlos@26752
   468
    Contributor to such Recipient under this Agreement shall terminate as of
carlos@26752
   469
    the date such litigation is filed. In addition, if Recipient institutes
carlos@26752
   470
    patent litigation against any entity (including a cross-claim or
carlos@26752
   471
    counterclaim in a lawsuit) alleging that the Program itself (excluding
carlos@26752
   472
    combinations of the Program with other software or hardware) infringes
carlos@26752
   473
    such Recipient's patent(s), then such Recipient's rights granted under
carlos@26752
   474
    Section 2(b) shall terminate as of the date such litigation is filed.
carlos@26752
   475
carlos@26752
   476
    All Recipient's rights under this Agreement shall terminate if it fails
carlos@26752
   477
    to comply with any of the material terms or conditions of this Agreement
carlos@26752
   478
    and does not cure such failure in a reasonable period of time after
carlos@26752
   479
    becoming aware of such noncompliance. If all Recipient's rights under
carlos@26752
   480
    this Agreement terminate, Recipient agrees to cease use and distribution
carlos@26752
   481
    of the Program as soon as reasonably practicable. However, Recipient's
carlos@26752
   482
    obligations under this Agreement and any licenses granted by Recipient
carlos@26752
   483
    relating to the Program shall continue and survive.
carlos@26752
   484
carlos@26752
   485
    Everyone is permitted to copy and distribute copies of this Agreement,
carlos@26752
   486
    but in order to avoid inconsistency the Agreement is copyrighted and may
carlos@26752
   487
    only be modified in the following manner. The Agreement Steward reserves
carlos@26752
   488
    the right to publish new versions (including revisions) of this Agreement
carlos@26752
   489
    from time to time. No one other than the Agreement Steward has the right
carlos@26752
   490
    to modify this Agreement. IBM is the initial Agreement Steward. IBM may
carlos@26752
   491
    assign the responsibility to serve as the Agreement Steward to a suitable
carlos@26752
   492
    separate entity. Each new version of the Agreement will be given a
carlos@26752
   493
    distinguishing version number. The Program (including Contributions) may
carlos@26752
   494
    always be distributed subject to the version of the Agreement under which
carlos@26752
   495
    it was received. In addition, after a new version of the Agreement is
carlos@26752
   496
    published, Contributor may elect to distribute the Program (including
carlos@26752
   497
    its Contributions) under the new version. Except as expressly stated in
carlos@26752
   498
    Sections 2(a) and 2(b) above, Recipient receives no rights or licenses
carlos@26752
   499
    to the intellectual property of any Contributor under this Agreement,
carlos@26752
   500
    whether expressly, by implication, estoppel or otherwise. All rights in
carlos@26752
   501
    the Program not expressly granted under this Agreement are reserved.
carlos@26752
   502
carlos@26752
   503
    This Agreement is governed by the laws of the State of New York and the
carlos@26752
   504
    intellectual property laws of the United States of America. No party to
carlos@26752
   505
    this Agreement will bring a legal action under this Agreement more than
carlos@26752
   506
    one year after the cause of action arose. Each party waives its rights
carlos@26752
   507
    to a jury trial in any resulting litigation.