Mercurial > hg > camir-aes2014
comparison toolboxes/graph_visualisation/share/graphviz/doc/COPYING @ 0:e9a9cd732c1e tip
first hg version after svn
author | wolffd |
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date | Tue, 10 Feb 2015 15:05:51 +0000 |
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1 Common Public License Version 1.0 | |
2 | |
3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC | |
4 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM | |
5 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. | |
6 | |
7 1. DEFINITIONS | |
8 | |
9 "Contribution" means: | |
10 | |
11 a) in the case of the initial Contributor, the initial code and | |
12 documentation distributed under this Agreement, and | |
13 | |
14 b) in the case of each subsequent Contributor: | |
15 | |
16 i) changes to the Program, and | |
17 | |
18 ii) additions to the Program; | |
19 | |
20 where such changes and/or additions to the Program originate from and are | |
21 distributed by that particular Contributor. A Contribution 'originates' from a | |
22 Contributor if it was added to the Program by such Contributor itself or anyone | |
23 acting on such Contributor's behalf. Contributions do not include additions to | |
24 the Program which: (i) are separate modules of software distributed in | |
25 conjunction with the Program under their own license agreement, and (ii) are not | |
26 derivative works of the Program. | |
27 | |
28 "Contributor" means any person or entity that distributes the Program. | |
29 | |
30 "Licensed Patents " mean patent claims licensable by a Contributor which are | |
31 necessarily infringed by the use or sale of its Contribution alone or when | |
32 combined with the Program. | |
33 | |
34 "Program" means the Contributions distributed in accordance with this Agreement. | |
35 | |
36 "Recipient" means anyone who receives the Program under this Agreement, | |
37 including all Contributors. | |
38 | |
39 2. GRANT OF RIGHTS | |
40 | |
41 a) Subject to the terms of this Agreement, each Contributor hereby grants | |
42 Recipient a non-exclusive, worldwide, royalty-free copyright license to | |
43 reproduce, prepare derivative works of, publicly display, publicly perform, | |
44 distribute and sublicense the Contribution of such Contributor, if any, and such | |
45 derivative works, in source code and object code form. | |
46 | |
47 b) Subject to the terms of this Agreement, each Contributor hereby grants | |
48 Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed | |
49 Patents to make, use, sell, offer to sell, import and otherwise transfer the | |
50 Contribution of such Contributor, if any, in source code and object code form. | |
51 This patent license shall apply to the combination of the Contribution and the | |
52 Program if, at the time the Contribution is added by the Contributor, such | |
53 addition of the Contribution causes such combination to be covered by the | |
54 Licensed Patents. The patent license shall not apply to any other combinations | |
55 which include the Contribution. No hardware per se is licensed hereunder. | |
56 | |
57 c) Recipient understands that although each Contributor grants the licenses | |
58 to its Contributions set forth herein, no assurances are provided by any | |
59 Contributor that the Program does not infringe the patent or other intellectual | |
60 property rights of any other entity. Each Contributor disclaims any liability to | |
61 Recipient for claims brought by any other entity based on infringement of | |
62 intellectual property rights or otherwise. As a condition to exercising the | |
63 rights and licenses granted hereunder, each Recipient hereby assumes sole | |
64 responsibility to secure any other intellectual property rights needed, if any. | |
65 For example, if a third party patent license is required to allow Recipient to | |
66 distribute the Program, it is Recipient's responsibility to acquire that license | |
67 before distributing the Program. | |
68 | |
69 d) Each Contributor represents that to its knowledge it has sufficient | |
70 copyright rights in its Contribution, if any, to grant the copyright license set | |
71 forth in this Agreement. | |
72 | |
73 3. REQUIREMENTS | |
74 | |
75 A Contributor may choose to distribute the Program in object code form under its | |
76 own license agreement, provided that: | |
77 | |
78 a) it complies with the terms and conditions of this Agreement; and | |
79 | |
80 b) its license agreement: | |
81 | |
82 i) effectively disclaims on behalf of all Contributors all warranties and | |
83 conditions, express and implied, including warranties or conditions of title and | |
84 non-infringement, and implied warranties or conditions of merchantability and | |
85 fitness for a particular purpose; | |
86 | |
87 ii) effectively excludes on behalf of all Contributors all liability for | |
88 damages, including direct, indirect, special, incidental and consequential | |
89 damages, such as lost profits; | |
90 | |
91 iii) states that any provisions which differ from this Agreement are offered | |
92 by that Contributor alone and not by any other party; and | |
93 | |
94 iv) states that source code for the Program is available from such | |
95 Contributor, and informs licensees how to obtain it in a reasonable manner on or | |
96 through a medium customarily used for software exchange. | |
97 | |
98 When the Program is made available in source code form: | |
99 | |
100 a) it must be made available under this Agreement; and | |
101 | |
102 b) a copy of this Agreement must be included with each copy of the Program. | |
103 | |
104 Contributors may not remove or alter any copyright notices contained within the | |
105 Program. | |
106 | |
107 Each Contributor must identify itself as the originator of its Contribution, if | |
108 any, in a manner that reasonably allows subsequent Recipients to identify the | |
109 originator of the Contribution. | |
110 | |
111 4. COMMERCIAL DISTRIBUTION | |
112 | |
113 Commercial distributors of software may accept certain responsibilities with | |
114 respect to end users, business partners and the like. While this license is | |
115 intended to facilitate the commercial use of the Program, the Contributor who | |
116 includes the Program in a commercial product offering should do so in a manner | |
117 which does not create potential liability for other Contributors. Therefore, if | |
118 a Contributor includes the Program in a commercial product offering, such | |
119 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify | |
120 every other Contributor ("Indemnified Contributor") against any losses, damages | |
121 and costs (collectively "Losses") arising from claims, lawsuits and other legal | |
122 actions brought by a third party against the Indemnified Contributor to the | |
123 extent caused by the acts or omissions of such Commercial Contributor in | |
124 connection with its distribution of the Program in a commercial product | |
125 offering. The obligations in this section do not apply to any claims or Losses | |
126 relating to any actual or alleged intellectual property infringement. In order | |
127 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial | |
128 Contributor in writing of such claim, and b) allow the Commercial Contributor to | |
129 control, and cooperate with the Commercial Contributor in, the defense and any | |
130 related settlement negotiations. The Indemnified Contributor may participate in | |
131 any such claim at its own expense. | |
132 | |
133 For example, a Contributor might include the Program in a commercial product | |
134 offering, Product X. That Contributor is then a Commercial Contributor. If that | |
135 Commercial Contributor then makes performance claims, or offers warranties | |
136 related to Product X, those performance claims and warranties are such | |
137 Commercial Contributor's responsibility alone. Under this section, the | |
138 Commercial Contributor would have to defend claims against the other | |
139 Contributors related to those performance claims and warranties, and if a court | |
140 requires any other Contributor to pay any damages as a result, the Commercial | |
141 Contributor must pay those damages. | |
142 | |
143 5. NO WARRANTY | |
144 | |
145 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN | |
146 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR | |
147 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, | |
148 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each | |
149 Recipient is solely responsible for determining the appropriateness of using and | |
150 distributing the Program and assumes all risks associated with its exercise of | |
151 rights under this Agreement, including but not limited to the risks and costs of | |
152 program errors, compliance with applicable laws, damage to or loss of data, | |
153 programs or equipment, and unavailability or interruption of operations. | |
154 | |
155 6. DISCLAIMER OF LIABILITY | |
156 | |
157 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY | |
158 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, | |
159 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST | |
160 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, | |
161 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY | |
162 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS | |
163 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | |
164 | |
165 7. GENERAL | |
166 | |
167 If any provision of this Agreement is invalid or unenforceable under applicable | |
168 law, it shall not affect the validity or enforceability of the remainder of the | |
169 terms of this Agreement, and without further action by the parties hereto, such | |
170 provision shall be reformed to the minimum extent necessary to make such | |
171 provision valid and enforceable. | |
172 | |
173 If Recipient institutes patent litigation against a Contributor with respect to | |
174 a patent applicable to software (including a cross-claim or counterclaim in a | |
175 lawsuit), then any patent licenses granted by that Contributor to such Recipient | |
176 under this Agreement shall terminate as of the date such litigation is filed. In | |
177 addition, if Recipient institutes patent litigation against any entity | |
178 (including a cross-claim or counterclaim in a lawsuit) alleging that the Program | |
179 itself (excluding combinations of the Program with other software or hardware) | |
180 infringes such Recipient's patent(s), then such Recipient's rights granted under | |
181 Section 2(b) shall terminate as of the date such litigation is filed. | |
182 | |
183 All Recipient's rights under this Agreement shall terminate if it fails to | |
184 comply with any of the material terms or conditions of this Agreement and does | |
185 not cure such failure in a reasonable period of time after becoming aware of | |
186 such noncompliance. If all Recipient's rights under this Agreement terminate, | |
187 Recipient agrees to cease use and distribution of the Program as soon as | |
188 reasonably practicable. However, Recipient's obligations under this Agreement | |
189 and any licenses granted by Recipient relating to the Program shall continue and | |
190 survive. | |
191 | |
192 Everyone is permitted to copy and distribute copies of this Agreement, but in | |
193 order to avoid inconsistency the Agreement is copyrighted and may only be | |
194 modified in the following manner. The Agreement Steward reserves the right to | |
195 publish new versions (including revisions) of this Agreement from time to time. | |
196 No one other than the Agreement Steward has the right to modify this Agreement. | |
197 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve | |
198 as the Agreement Steward to a suitable separate entity. Each new version of the | |
199 Agreement will be given a distinguishing version number. The Program (including | |
200 Contributions) may always be distributed subject to the version of the Agreement | |
201 under which it was received. In addition, after a new version of the Agreement | |
202 is published, Contributor may elect to distribute the Program (including its | |
203 Contributions) under the new version. Except as expressly stated in Sections | |
204 2(a) and 2(b) above, Recipient receives no rights or licenses to the | |
205 intellectual property of any Contributor under this Agreement, whether | |
206 expressly, by implication, estoppel or otherwise. All rights in the Program not | |
207 expressly granted under this Agreement are reserved. | |
208 | |
209 This Agreement is governed by the laws of the State of New York and the | |
210 intellectual property laws of the United States of America. No party to this | |
211 Agreement will bring a legal action under this Agreement more than one year | |
212 after the cause of action arose. Each party waives its rights to a jury trial in | |
213 any resulting litigation. |