From: Edward Mann Date: Thu, 17 Jan 2008 23:35:10 +0000 (+0000) Subject: committing detail license description for features. This addresses ticket #639 X-Git-Url: http://git.phpeclipse.com?hp=c9a16a6aa9b1a4547f7bd425f64233e43bf673ea committing detail license description for features. This addresses ticket #639 --- diff --git a/net.sourceforge.phpeclipse.debug.feature/feature.xml b/net.sourceforge.phpeclipse.debug.feature/feature.xml index 704d833..94963be 100644 --- a/net.sourceforge.phpeclipse.debug.feature/feature.xml +++ b/net.sourceforge.phpeclipse.debug.feature/feature.xml @@ -13,9 +13,206 @@ Copyright (c) 2001-2007 PHPeclipse team. All rights reserved. - - This software is licensed un der the terms of the Common Public -License v1.0 + + THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS +COMMON 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 the initial Contributor, the initial code and +documentation distributed under this Agreement, and +b) in the case of each subsequent Contributor: +i) changes to the Program, and +ii) additions to the Program; +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 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 any person or entity that distributes the +Program. +"Licensed Patents " mean patent claims licensable by a Contributor +which are necessarily infringed by the use or sale of its Contribution +alone or when combined with the Program. +"Program" means the Contributions distributed in accordance with +this Agreement. +"Recipient" means anyone who 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, publicly display, +publicly perform, distribute and sublicense the Contribution +of such Contributor, if any, and such derivative works, 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. This patent license +shall apply to the combination of the Contribution and the Program +if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to +be covered by the Licensed Patents. The patent license shall +not apply to any other combinations which include the Contribution. +No hardware per se is 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 +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. +Contributors may not remove or alter any copyright notices contained +within the Program. +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 +Commercial distributors of software may accept certain responsibilities +with respect to end users, business partners and the like. While +this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and indemnify +every other Contributor ("Indemnified Contributor") against any +losses, damages and costs (collectively "Losses") arising from +claims, lawsuits and other legal actions brought by a third party +against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection +with its distribution of the Program in a commercial product +offering. The obligations in this section do not apply to any +claims or Losses relating to any actual or alleged intellectual +property infringement. In order to qualify, an Indemnified Contributor +must: a) promptly notify the Commercial Contributor in writing +of such claim, and b) allow the Commercial Contributor to control, +and cooperate with the Commercial Contributor in, the defense +and any related settlement negotiations. The Indemnified Contributor +may participate in any such claim at its own expense. +For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have +to defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any +other Contributor to pay any damages as a result, the Commercial +Contributor must pay those damages. +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, compliance +with applicable laws, 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 affect 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 any 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 noncompliance. 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. +Everyone is permitted to copy and distribute copies of this Agreement, +but in order to avoid inconsistency the Agreement is copyrighted +and may only be modified in the following manner. The Agreement +Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other +than the Agreement Steward has the right to modify this Agreement. +IBM is the initial Agreement Steward. IBM may assign the responsibility +to serve as the Agreement Steward to a suitable separate entity. +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. +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. diff --git a/net.sourceforge.phpeclipse.feature/feature.xml b/net.sourceforge.phpeclipse.feature/feature.xml index 04b011d..94817f1 100644 --- a/net.sourceforge.phpeclipse.feature/feature.xml +++ b/net.sourceforge.phpeclipse.feature/feature.xml @@ -15,8 +15,206 @@ Copyright (c) 2001-2007 PHPeclipse team. All rights reserved. - - This software is licensed un der the terms of the Common Public License v1.0 + + THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS +COMMON 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 the initial Contributor, the initial code and +documentation distributed under this Agreement, and +b) in the case of each subsequent Contributor: +i) changes to the Program, and +ii) additions to the Program; +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 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 any person or entity that distributes the +Program. +"Licensed Patents " mean patent claims licensable by a Contributor +which are necessarily infringed by the use or sale of its Contribution +alone or when combined with the Program. +"Program" means the Contributions distributed in accordance with +this Agreement. +"Recipient" means anyone who 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, publicly display, +publicly perform, distribute and sublicense the Contribution +of such Contributor, if any, and such derivative works, 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. This patent license +shall apply to the combination of the Contribution and the Program +if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to +be covered by the Licensed Patents. The patent license shall +not apply to any other combinations which include the Contribution. +No hardware per se is 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 +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. +Contributors may not remove or alter any copyright notices contained +within the Program. +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 +Commercial distributors of software may accept certain responsibilities +with respect to end users, business partners and the like. While +this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and indemnify +every other Contributor ("Indemnified Contributor") against any +losses, damages and costs (collectively "Losses") arising from +claims, lawsuits and other legal actions brought by a third party +against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection +with its distribution of the Program in a commercial product +offering. The obligations in this section do not apply to any +claims or Losses relating to any actual or alleged intellectual +property infringement. In order to qualify, an Indemnified Contributor +must: a) promptly notify the Commercial Contributor in writing +of such claim, and b) allow the Commercial Contributor to control, +and cooperate with the Commercial Contributor in, the defense +and any related settlement negotiations. The Indemnified Contributor +may participate in any such claim at its own expense. +For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have +to defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any +other Contributor to pay any damages as a result, the Commercial +Contributor must pay those damages. +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, compliance +with applicable laws, 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 affect 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 any 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 noncompliance. 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. +Everyone is permitted to copy and distribute copies of this Agreement, +but in order to avoid inconsistency the Agreement is copyrighted +and may only be modified in the following manner. The Agreement +Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other +than the Agreement Steward has the right to modify this Agreement. +IBM is the initial Agreement Steward. IBM may assign the responsibility +to serve as the Agreement Steward to a suitable separate entity. +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. +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. diff --git a/net.sourceforge.phpeclipse.xdebug.feature/feature.xml b/net.sourceforge.phpeclipse.xdebug.feature/feature.xml index c80333c..9141e74 100644 --- a/net.sourceforge.phpeclipse.xdebug.feature/feature.xml +++ b/net.sourceforge.phpeclipse.xdebug.feature/feature.xml @@ -13,9 +13,206 @@ Copyright (c) 2001-2007 PHPeclipse team. All rights reserved. - - This software is licensed un der the terms of the Common Public -License v1.0 + + THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS +COMMON 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 the initial Contributor, the initial code and +documentation distributed under this Agreement, and +b) in the case of each subsequent Contributor: +i) changes to the Program, and +ii) additions to the Program; +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 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 any person or entity that distributes the +Program. +"Licensed Patents " mean patent claims licensable by a Contributor +which are necessarily infringed by the use or sale of its Contribution +alone or when combined with the Program. +"Program" means the Contributions distributed in accordance with +this Agreement. +"Recipient" means anyone who 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, publicly display, +publicly perform, distribute and sublicense the Contribution +of such Contributor, if any, and such derivative works, 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. This patent license +shall apply to the combination of the Contribution and the Program +if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to +be covered by the Licensed Patents. The patent license shall +not apply to any other combinations which include the Contribution. +No hardware per se is 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 +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. +Contributors may not remove or alter any copyright notices contained +within the Program. +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 +Commercial distributors of software may accept certain responsibilities +with respect to end users, business partners and the like. While +this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and indemnify +every other Contributor ("Indemnified Contributor") against any +losses, damages and costs (collectively "Losses") arising from +claims, lawsuits and other legal actions brought by a third party +against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection +with its distribution of the Program in a commercial product +offering. The obligations in this section do not apply to any +claims or Losses relating to any actual or alleged intellectual +property infringement. In order to qualify, an Indemnified Contributor +must: a) promptly notify the Commercial Contributor in writing +of such claim, and b) allow the Commercial Contributor to control, +and cooperate with the Commercial Contributor in, the defense +and any related settlement negotiations. The Indemnified Contributor +may participate in any such claim at its own expense. +For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have +to defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any +other Contributor to pay any damages as a result, the Commercial +Contributor must pay those damages. +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, compliance +with applicable laws, 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 affect 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 any 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 noncompliance. 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. +Everyone is permitted to copy and distribute copies of this Agreement, +but in order to avoid inconsistency the Agreement is copyrighted +and may only be modified in the following manner. The Agreement +Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other +than the Agreement Steward has the right to modify this Agreement. +IBM is the initial Agreement Steward. IBM may assign the responsibility +to serve as the Agreement Steward to a suitable separate entity. +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. +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.