annotate toolboxes/graph_visualisation/share/graphviz/doc/cpl1.0.txt @ 0:e9a9cd732c1e tip

first hg version after svn
author wolffd
date Tue, 10 Feb 2015 15:05:51 +0000
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wolffd@0 1 Common Public License Version 1.0
wolffd@0 2
wolffd@0 3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
wolffd@0 4 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
wolffd@0 5 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
wolffd@0 6
wolffd@0 7 1. DEFINITIONS
wolffd@0 8
wolffd@0 9 "Contribution" means:
wolffd@0 10
wolffd@0 11 a) in the case of the initial Contributor, the initial code and
wolffd@0 12 documentation distributed under this Agreement, and
wolffd@0 13
wolffd@0 14 b) in the case of each subsequent Contributor:
wolffd@0 15
wolffd@0 16 i) changes to the Program, and
wolffd@0 17
wolffd@0 18 ii) additions to the Program;
wolffd@0 19
wolffd@0 20 where such changes and/or additions to the Program originate from and are
wolffd@0 21 distributed by that particular Contributor. A Contribution 'originates' from a
wolffd@0 22 Contributor if it was added to the Program by such Contributor itself or anyone
wolffd@0 23 acting on such Contributor's behalf. Contributions do not include additions to
wolffd@0 24 the Program which: (i) are separate modules of software distributed in
wolffd@0 25 conjunction with the Program under their own license agreement, and (ii) are not
wolffd@0 26 derivative works of the Program.
wolffd@0 27
wolffd@0 28 "Contributor" means any person or entity that distributes the Program.
wolffd@0 29
wolffd@0 30 "Licensed Patents " mean patent claims licensable by a Contributor which are
wolffd@0 31 necessarily infringed by the use or sale of its Contribution alone or when
wolffd@0 32 combined with the Program.
wolffd@0 33
wolffd@0 34 "Program" means the Contributions distributed in accordance with this Agreement.
wolffd@0 35
wolffd@0 36 "Recipient" means anyone who receives the Program under this Agreement,
wolffd@0 37 including all Contributors.
wolffd@0 38
wolffd@0 39 2. GRANT OF RIGHTS
wolffd@0 40
wolffd@0 41 a) Subject to the terms of this Agreement, each Contributor hereby grants
wolffd@0 42 Recipient a non-exclusive, worldwide, royalty-free copyright license to
wolffd@0 43 reproduce, prepare derivative works of, publicly display, publicly perform,
wolffd@0 44 distribute and sublicense the Contribution of such Contributor, if any, and such
wolffd@0 45 derivative works, in source code and object code form.
wolffd@0 46
wolffd@0 47 b) Subject to the terms of this Agreement, each Contributor hereby grants
wolffd@0 48 Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
wolffd@0 49 Patents to make, use, sell, offer to sell, import and otherwise transfer the
wolffd@0 50 Contribution of such Contributor, if any, in source code and object code form.
wolffd@0 51 This patent license shall apply to the combination of the Contribution and the
wolffd@0 52 Program if, at the time the Contribution is added by the Contributor, such
wolffd@0 53 addition of the Contribution causes such combination to be covered by the
wolffd@0 54 Licensed Patents. The patent license shall not apply to any other combinations
wolffd@0 55 which include the Contribution. No hardware per se is licensed hereunder.
wolffd@0 56
wolffd@0 57 c) Recipient understands that although each Contributor grants the licenses
wolffd@0 58 to its Contributions set forth herein, no assurances are provided by any
wolffd@0 59 Contributor that the Program does not infringe the patent or other intellectual
wolffd@0 60 property rights of any other entity. Each Contributor disclaims any liability to
wolffd@0 61 Recipient for claims brought by any other entity based on infringement of
wolffd@0 62 intellectual property rights or otherwise. As a condition to exercising the
wolffd@0 63 rights and licenses granted hereunder, each Recipient hereby assumes sole
wolffd@0 64 responsibility to secure any other intellectual property rights needed, if any.
wolffd@0 65 For example, if a third party patent license is required to allow Recipient to
wolffd@0 66 distribute the Program, it is Recipient's responsibility to acquire that license
wolffd@0 67 before distributing the Program.
wolffd@0 68
wolffd@0 69 d) Each Contributor represents that to its knowledge it has sufficient
wolffd@0 70 copyright rights in its Contribution, if any, to grant the copyright license set
wolffd@0 71 forth in this Agreement.
wolffd@0 72
wolffd@0 73 3. REQUIREMENTS
wolffd@0 74
wolffd@0 75 A Contributor may choose to distribute the Program in object code form under its
wolffd@0 76 own license agreement, provided that:
wolffd@0 77
wolffd@0 78 a) it complies with the terms and conditions of this Agreement; and
wolffd@0 79
wolffd@0 80 b) its license agreement:
wolffd@0 81
wolffd@0 82 i) effectively disclaims on behalf of all Contributors all warranties and
wolffd@0 83 conditions, express and implied, including warranties or conditions of title and
wolffd@0 84 non-infringement, and implied warranties or conditions of merchantability and
wolffd@0 85 fitness for a particular purpose;
wolffd@0 86
wolffd@0 87 ii) effectively excludes on behalf of all Contributors all liability for
wolffd@0 88 damages, including direct, indirect, special, incidental and consequential
wolffd@0 89 damages, such as lost profits;
wolffd@0 90
wolffd@0 91 iii) states that any provisions which differ from this Agreement are offered
wolffd@0 92 by that Contributor alone and not by any other party; and
wolffd@0 93
wolffd@0 94 iv) states that source code for the Program is available from such
wolffd@0 95 Contributor, and informs licensees how to obtain it in a reasonable manner on or
wolffd@0 96 through a medium customarily used for software exchange.
wolffd@0 97
wolffd@0 98 When the Program is made available in source code form:
wolffd@0 99
wolffd@0 100 a) it must be made available under this Agreement; and
wolffd@0 101
wolffd@0 102 b) a copy of this Agreement must be included with each copy of the Program.
wolffd@0 103
wolffd@0 104 Contributors may not remove or alter any copyright notices contained within the
wolffd@0 105 Program.
wolffd@0 106
wolffd@0 107 Each Contributor must identify itself as the originator of its Contribution, if
wolffd@0 108 any, in a manner that reasonably allows subsequent Recipients to identify the
wolffd@0 109 originator of the Contribution.
wolffd@0 110
wolffd@0 111 4. COMMERCIAL DISTRIBUTION
wolffd@0 112
wolffd@0 113 Commercial distributors of software may accept certain responsibilities with
wolffd@0 114 respect to end users, business partners and the like. While this license is
wolffd@0 115 intended to facilitate the commercial use of the Program, the Contributor who
wolffd@0 116 includes the Program in a commercial product offering should do so in a manner
wolffd@0 117 which does not create potential liability for other Contributors. Therefore, if
wolffd@0 118 a Contributor includes the Program in a commercial product offering, such
wolffd@0 119 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
wolffd@0 120 every other Contributor ("Indemnified Contributor") against any losses, damages
wolffd@0 121 and costs (collectively "Losses") arising from claims, lawsuits and other legal
wolffd@0 122 actions brought by a third party against the Indemnified Contributor to the
wolffd@0 123 extent caused by the acts or omissions of such Commercial Contributor in
wolffd@0 124 connection with its distribution of the Program in a commercial product
wolffd@0 125 offering. The obligations in this section do not apply to any claims or Losses
wolffd@0 126 relating to any actual or alleged intellectual property infringement. In order
wolffd@0 127 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
wolffd@0 128 Contributor in writing of such claim, and b) allow the Commercial Contributor to
wolffd@0 129 control, and cooperate with the Commercial Contributor in, the defense and any
wolffd@0 130 related settlement negotiations. The Indemnified Contributor may participate in
wolffd@0 131 any such claim at its own expense.
wolffd@0 132
wolffd@0 133 For example, a Contributor might include the Program in a commercial product
wolffd@0 134 offering, Product X. That Contributor is then a Commercial Contributor. If that
wolffd@0 135 Commercial Contributor then makes performance claims, or offers warranties
wolffd@0 136 related to Product X, those performance claims and warranties are such
wolffd@0 137 Commercial Contributor's responsibility alone. Under this section, the
wolffd@0 138 Commercial Contributor would have to defend claims against the other
wolffd@0 139 Contributors related to those performance claims and warranties, and if a court
wolffd@0 140 requires any other Contributor to pay any damages as a result, the Commercial
wolffd@0 141 Contributor must pay those damages.
wolffd@0 142
wolffd@0 143 5. NO WARRANTY
wolffd@0 144
wolffd@0 145 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
wolffd@0 146 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
wolffd@0 147 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
wolffd@0 148 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
wolffd@0 149 Recipient is solely responsible for determining the appropriateness of using and
wolffd@0 150 distributing the Program and assumes all risks associated with its exercise of
wolffd@0 151 rights under this Agreement, including but not limited to the risks and costs of
wolffd@0 152 program errors, compliance with applicable laws, damage to or loss of data,
wolffd@0 153 programs or equipment, and unavailability or interruption of operations.
wolffd@0 154
wolffd@0 155 6. DISCLAIMER OF LIABILITY
wolffd@0 156
wolffd@0 157 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
wolffd@0 158 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
wolffd@0 159 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
wolffd@0 160 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
wolffd@0 161 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
wolffd@0 162 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
wolffd@0 163 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
wolffd@0 164
wolffd@0 165 7. GENERAL
wolffd@0 166
wolffd@0 167 If any provision of this Agreement is invalid or unenforceable under applicable
wolffd@0 168 law, it shall not affect the validity or enforceability of the remainder of the
wolffd@0 169 terms of this Agreement, and without further action by the parties hereto, such
wolffd@0 170 provision shall be reformed to the minimum extent necessary to make such
wolffd@0 171 provision valid and enforceable.
wolffd@0 172
wolffd@0 173 If Recipient institutes patent litigation against a Contributor with respect to
wolffd@0 174 a patent applicable to software (including a cross-claim or counterclaim in a
wolffd@0 175 lawsuit), then any patent licenses granted by that Contributor to such Recipient
wolffd@0 176 under this Agreement shall terminate as of the date such litigation is filed. In
wolffd@0 177 addition, if Recipient institutes patent litigation against any entity
wolffd@0 178 (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
wolffd@0 179 itself (excluding combinations of the Program with other software or hardware)
wolffd@0 180 infringes such Recipient's patent(s), then such Recipient's rights granted under
wolffd@0 181 Section 2(b) shall terminate as of the date such litigation is filed.
wolffd@0 182
wolffd@0 183 All Recipient's rights under this Agreement shall terminate if it fails to
wolffd@0 184 comply with any of the material terms or conditions of this Agreement and does
wolffd@0 185 not cure such failure in a reasonable period of time after becoming aware of
wolffd@0 186 such noncompliance. If all Recipient's rights under this Agreement terminate,
wolffd@0 187 Recipient agrees to cease use and distribution of the Program as soon as
wolffd@0 188 reasonably practicable. However, Recipient's obligations under this Agreement
wolffd@0 189 and any licenses granted by Recipient relating to the Program shall continue and
wolffd@0 190 survive.
wolffd@0 191
wolffd@0 192 Everyone is permitted to copy and distribute copies of this Agreement, but in
wolffd@0 193 order to avoid inconsistency the Agreement is copyrighted and may only be
wolffd@0 194 modified in the following manner. The Agreement Steward reserves the right to
wolffd@0 195 publish new versions (including revisions) of this Agreement from time to time.
wolffd@0 196 No one other than the Agreement Steward has the right to modify this Agreement.
wolffd@0 197 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
wolffd@0 198 as the Agreement Steward to a suitable separate entity. Each new version of the
wolffd@0 199 Agreement will be given a distinguishing version number. The Program (including
wolffd@0 200 Contributions) may always be distributed subject to the version of the Agreement
wolffd@0 201 under which it was received. In addition, after a new version of the Agreement
wolffd@0 202 is published, Contributor may elect to distribute the Program (including its
wolffd@0 203 Contributions) under the new version. Except as expressly stated in Sections
wolffd@0 204 2(a) and 2(b) above, Recipient receives no rights or licenses to the
wolffd@0 205 intellectual property of any Contributor under this Agreement, whether
wolffd@0 206 expressly, by implication, estoppel or otherwise. All rights in the Program not
wolffd@0 207 expressly granted under this Agreement are reserved.
wolffd@0 208
wolffd@0 209 This Agreement is governed by the laws of the State of New York and the
wolffd@0 210 intellectual property laws of the United States of America. No party to this
wolffd@0 211 Agreement will bring a legal action under this Agreement more than one year
wolffd@0 212 after the cause of action arose. Each party waives its rights to a jury trial in
wolffd@0 213 any resulting litigation.