From c36bf303fcbb755694f2ab2bd674b4829689f292 Mon Sep 17 00:00:00 2001 From: seb Date: Fri, 24 Dec 2004 18:41:03 +0000 Subject: Graphviz is now available under the Common Public License Version 1.0 --- licenses/graphviz-license | 615 ++++++++++++++++++---------------------------- 1 file changed, 239 insertions(+), 376 deletions(-) (limited to 'licenses') diff --git a/licenses/graphviz-license b/licenses/graphviz-license index 4cc86b5029f..09291f2fb57 100644 --- a/licenses/graphviz-license +++ b/licenses/graphviz-license @@ -1,376 +1,239 @@ - SOURCE CODE AGREEMENT - - Version 1.2D - -PLEASE READ THIS AGREEMENT CAREFULLY. By accessing and using the Source -Code, you accept this Agreement in its entirety and agree to only use the -Source Code in accordance with the following terms and conditions. If you do -not wish to be bound by these terms and conditions, do not access or use the -Source Code. - - 1. YOUR REPRESENTATIONS - - 1. You represent and warrant that: - - a. If you are an entity, or an individual other than the person - accepting this Agreement, the person accepting this Agreement - on your behalf is your legally authorized representative, - duly authorized to accept agreements of this type on your - behalf and obligate you to comply with its provisions; - - b. You have read and fully understand this Agreement in its - entirety; - - c. Your Build Materials are either original or do not include - any Software obtained under a license that conflicts with the - obligations contained in this Agreement; - - d. To the best of your knowledge, your Build Materials do not - infringe or misappropriate the rights of any person or - entity; and, - - e. You will regularly monitor the Website for any notices. - - 2. DEFINITIONS AND INTERPRETATION - - 1. For purposes of this Agreement, certain terms have been defined - below and elsewhere in this Agreement to encompass meanings that - may differ from, or be in addition to, the normal connotation of - the defined word. - - a. "Additional Code" means Software in source code form which - does not contain any - - i. of the Source Code, or - ii. derivative work (such term having the same meaning in - this Agreement as under U.S. Copyright Law) of the - Source Code. - - b. "AT&T Patent Claims" means those claims of patents (i) owned - by AT&T and (ii) licensable without restriction or - obligation, which, absent a license, are necessarily and - unavoidably infringed by the use of the functionality of the - Source Code. - - c. "Build Materials" means, with reference to a Derived Product, - the Patch and Additional Code, if any, used in the - preparation of such Derived Product, together with written - instructions that describe, in reasonable detail, such - preparation. - - d. "Capsule" means a computer file containing the exact same - contents as the computer file having the name gviz15.tgz or - gviz15.zip, which will be downloaded after accepting, or was - opened to access, this Agreement. - - e. "Derived Product" means a Software Product which is a - derivative work of the Source Code. - - f. "IPR" means all rights protectable under intellectual - property law anywhere throughout the world, including rights - protectable under patent, copyright and trade secret laws, - but not trademark rights. - - g. "Patch" means Software for changing all or any portion of the - Source Code. - - h. "Proprietary Notice" means the following statement: - - "This product contains certain software code or other - information ("AT&T Software") proprietary to AT&T Corp. - ("AT&T"). The AT&T Software is provided to you "AS IS". YOU - ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE AT&T - SOFTWARE. AT&T DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY - EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, - INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF - MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, - WARRANTIES OF TITLE OR NON-INFRINGEMENT OF ANY INTELLECTUAL - PROPERTY RIGHTS, ANY WARRANTIES ARISING BY USAGE OF TRADE, - COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY - THAT THE AT&T SOFTWARE IS "ERROR FREE" OR WILL MEET YOUR - REQUIREMENTS. - - Unless you accept a license to use the AT&T Software, you - shall not reverse compile, disassemble or otherwise reverse - engineer this product to ascertain the source code for any - AT&T Software. - - © AT&T Corp. All rights reserved. AT&T is a registered - trademark of AT&T Corp." - - i. "Software" means, as the context may require, source or - object code instructions for controlling the operation of a - central processing unit or computer, and computer files - containing data or text. - - j. "Software Product" means a collection of computer files - containing Software in object code form only, which, taken - together, reasonably comprise a product, regardless of - whether such product is intended for internal use or - commercial exploitation. A single computer file can comprise - a Software Product. - - k. "Source Code" means the Software contained in compressed form - in the Capsule. - - l. "Website" means the Internet website having the URL - http://www.research.att.com/sw/tools/graphviz. AT&T may - change the content or URL of the Website, or remove it from - the Internet altogether. - - 2. By way of clarification only, the terms Capsule, Proprietary - Notice and Source Code when used in this Agreement shall mean the - materials and information defined by such terms without any - change, enhancement, amendment, alteration or modification - (collectively, "change"). - - 3. GRANT OF RIGHTS - - 1. Subject to third party intellectual property claims, if any, and - the terms and conditions of this Agreement, AT&T grants to you - under: - - a. the AT&T Patent Claims and AT&T's copyright rights in the - Source Code, a non-exclusive, fully paid-up license to: - - i. Reproduce and distribute the Capsule; - ii. Display, perform, use, and compile the Source Code and - execute the resultant binary Software on a computer; - iii. Prepare a Derived Product solely by compiling Additional - Code, if any, together with the code resulting from - operating a Patch on the Source Code; and, - iv. Execute on a computer and distribute to others Derived - Products, - - except that, with respect to the AT&T Patent Claims , the - license rights granted in clauses (iii) and (iv) above shall - only extend, and be limited, to that portion of a Derived - Product which is Software compiled from some portion of the - Source Code; and, - - b. AT&T's copyright rights in the Source Code, a non-exclusive, - fully paid-up license to prepare and distribute Patches for - the Source Code. - - 2. Subject to the terms and conditions of this Agreement, you may - create a hyperlink between an Internet website owned and - controlled by you and the Website, which hyperlink describes in a - fair and good faith manner where the Capsule and Source Code may - be obtained, provided that, you do not frame the Website or - otherwise give the false impression that AT&T is somehow - associated with, or otherwise endorses or sponsors your website. - Any goodwill associated with such hyperlink shall inure to the - sole benefit of AT&T. Other than the creation of such hyperlink, - nothing in this Agreement shall be construed as conferring upon - you any right to use any reference to AT&T, its trade names, - trademarks, service marks or any other indicia of origin owned by - AT&T, or to indicate that your products or services are in any way - sponsored, approved or endorsed by, or affiliated with, AT&T. - - 3. Except as expressly set forth in Section 3.1 above, no other - rights or licenses under any of AT&T?s IPR are granted or, by - implication, estoppel or otherwise, conferred. By way of example - only, no rights or licenses under any of AT&T's patents are - granted or, by implication, estoppel or otherwise, conferred with - respect to any portion of a Derived Product which is not Software - compiled from some portion, without change, of the Source Code. - - 4. YOUR OBLIGATIONS - - 1. If you distribute Build Materials (including if you are required - to do so pursuant to this Agreement), you shall ensure that the - recipient enters into and duly accepts an agreement with you which - includes the minimum terms set forth in Appendix A (completed to - indicate you as the LICENSOR) and no other provisions which, in - AT&T's opinion, conflict with your obligations under, or the - intent of, this Agreement. The agreement required under this - Section 4.1 may be in electronic form and may be distributed with - the Build Materials in a form such that the recipient accepts the - agreement by using or installing the Build Materials. If any - Additional Code contained in your Build Materials includes - Software you obtained under license, the agreement shall also - include complete details concerning the license and any - restrictions or obligations associated with such Software. - - 2. If you prepare a Patch which you distribute to anyone else you - shall: - - a. Contact AT&T, as may be provided on the Website or in a text - file included with the Source Code, and describe for AT&T - such Patch and provide AT&T with a copy of such Patch as - directed by AT&T; or, - - b. Where you make your Patch generally available on your - Internet website, you shall provide AT&T with the URL of your - website and hereby grant to AT&T a non-exclusive, fully-paid - up right to create a hyperlink between your website and a - page associated with the Website. - - 3. If you prepare a Derived Product, such product shall conspicuously - display to users, and any corresponding documentation and license - agreement shall include as a provision, the Proprietary Notice. - - 5. YOUR GRANT OF RIGHTS TO AT&T - - 1. You grant to AT&T under any IPR owned or licensable by you which - in any way relates to your Patches, a non-exclusive, perpetual, - worldwide, fully paid-up, unrestricted, irrevocable license, along - with the right to sublicense others, to (a) make, have made, use, - offer to sell, sell and import any products, services or any - combination of products or services, and (b) reproduce, - distribute, prepare derivative works based on, perform, display - and transmit your Patches in any media whether now known or in the - future developed. - - 6. AS IS CLAUSE / LIMITATION OF LIABILITY - - 1. The Source Code and Capsule are provided to you "AS IS". YOU - ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THEM - INCLUDING THE RISK OF ANY DEFECTS OR INACCURACIES THEREIN. AT&T - DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED - WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, - THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A - PARTICULAR PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT OF ANY - IPR OR TRADEMARK RIGHTS, ANY WARRANTIES ARISING BY USAGE OF TRADE, - COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT - THE SOURCE CODE OR CAPSULE ARE "ERROR FREE" OR WILL MEET YOUR - REQUIREMENTS. - - 2. IN NO EVENT SHALL AT&T BE LIABLE FOR (a) ANY INCIDENTAL, - CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, - DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF - PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF - OR INABILITY TO USE THE SOURCE CODE OR CAPSULE, EVEN IF AT&T OR - ANY OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE - POSSIBILITY OF SUCH DAMAGES, (b) ANY CLAIM ATTRIBUTABLE TO ERRORS, - OMISSIONS, OR OTHER INACCURACIES IN THE SOURCE CODE OR CAPSULE, OR - (c) ANY CLAIM BY ANY THIRD PARTY. - - 3. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF - LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE - LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT APPLICABLE LAW - DOES NOT ALLOW THE COMPLETE EXCLUSION OR LIMITATION OF LIABILITY - OF CLAIMS AND DAMAGES AS SET FORTH IN THIS AGREEMENT, AT&T?S - LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. - - 7. INDEMNIFICATION - - 1. You shall indemnify and hold harmless AT&T, its affiliates and - authorized representatives against any claims, suits or - proceedings asserted or commenced by any third party and arising - out of, or relating to, your use of the Source Code. This - obligation shall include indemnifying against all damages, losses, - costs and expenses (including attorneys? fees) incurred by AT&T, - its affiliates and authorized representatives as a result of any - such claims, suits or proceedings, including any costs or expenses - incurred in defending against any such claims, suits, or - proceedings. - - 8. GENERAL - - 1. You shall not assert against AT&T, its affiliates or authorized - representatives any claim for infringement or misappropriation of - any IPR or trademark rights in any way relating to the Source - Code, including any such claims relating to any Patches. - - 2. In the event that any provision of this Agreement is deemed - illegal or unenforceable, AT&T may, but is not obligated to, post - on the Website a new version of this Agreement which, in AT&T's - opinion, reasonably preserves the intent of this Agreement. - - 3. Your rights and license (but not any of your obligations) under - this Agreement shall terminate automatically in the event that (a) - notice of a non-frivolous claim by a third party relating to the - Source Code or Capsule is posted on the Website, (b) you have - knowledge of any such claim, (c) any of your representations or - warranties in Article 1.0 or Section 8.4 are false or inaccurate, - (d) you exceed the rights and license granted to you or (e) you - fail to fully comply with any provision of this Agreement. Nothing - in this provision shall be construed to restrict you, at your - option and subject to applicable law, from replacing the portion - of the Source Code that is the subject of a claim by a third party - with non-infringing code or from independently negotiating for - necessary rights from the third party. - - 4. You acknowledge that the Source Code and Capsule may be subject to - U.S. export laws and regulations, and, accordingly, you hereby - assure AT&T that you will not, directly or indirectly, violate any - applicable U.S. laws and regulations. - - 5. Without limiting any of AT&T?s rights under this Agreement or at - law or in equity, or otherwise expanding the scope of the license - and rights granted hereunder, if you fail to perform any of your - obligations under this Agreement with respect to any of your - Patches or Derived Products, or if you do any act which exceeds - the scope of the license and rights granted herein, then such - Patches, Derived Products and acts are not licensed or otherwise - authorized under this Agreement and such failure shall also be - deemed a breach of this Agreement. In addition to all other relief - available to it for any breach of your obligations under this - Agreement, AT&T shall be entitled to an injunction requiring you - to perform such obligations. - - 6. This Agreement shall be governed by and construed in accordance - with the laws of the State of New York, USA, without regard to its - conflicts of law rules. This Agreement shall be fairly interpreted - in accordance with its terms and without any strict construction - in favor of or against either AT&T or you. Any suit or proceeding - you bring relating to this Agreement shall be brought and - prosecuted only in New York, New York, USA. - --------------------------- -Appendix A - Minimum Terms --------------------------- -The minimum terms are available at the Internet website having the URL http://www.research.att.com/sw/tools/graphviz/license/minterms.html or accessed by opening the computer file having the name MINTERMS.txt. - - -============================================================ - -The gd source has this copyright statement: - - -COPYRIGHT STATEMENT FOLLOWS THIS LINE - - Portions copyright 1994, 1995, 1996, 1997, 1998, 1999, 2000 by Cold - Spring Harbor Laboratory. Funded under Grant P41-RR02188 by the - National Institutes of Health. - - Portions copyright 1996, 1997, 1998, 1999, 2000 by Boutell.Com, - Inc. - - Portions relating to GD2 format copyright 1999, 2000 Philip Warner. - - Portions relating to PNG copyright 1999, 2000 Greg Roelofs. - - Portions relating to libttf copyright 1999, 2000 John Ellson - (ellson@lucent.com). - - Portions relating to JPEG copyright 2000, Doug Becker and copyright - (C) 1994-1998, Thomas G. Lane. This software is based in part on - the work of the Independent JPEG Group. - - Portions relating to WBMP copyright 2000 Maurice Szmurlo and Johan - Van den Brande. - - _Permission has been granted to copy, distribute and modify gd in - any context without fee, including a commercial application, - provided that this notice is present in user-accessible supporting - documentation._ - - This does not affect your ownership of the derived work itself, and - the intent is to assure proper credit for the authors of gd, not to - interfere with your productive use of gd. If you have questions, - ask. "Derived works" includes all programs that utilize the - library. Credit must be given in user-accessible documentation. - - _This software is provided "AS IS."_ The copyright holders disclaim - all warranties, either express or implied, including but not - limited to implied warranties of merchantability and fitness for a - particular purpose, with respect to this code and accompanying - documentation. - - Although their code does not appear in gd 1.8.3, the authors wish - to thank David Koblas, David Rowley, and Hutchison Avenue Software - Corporation for their prior contributions. - -END OF COPYRIGHT STATEMENT + + AT&T has previously made versions of this software available under the AT&T + Source Code Agreement, version 1.2D and earlier. If you received a copy of + the software under that license agreement, you may continue to use and + distribute the same version of the software subject to the terms and + conditions of the license agreement under which the software was received. + However, current versions of the software are now licensed on an open source + basis only under The Common Public License. + + To download this software, you need to accept the terms of the following + license agreement. PLEASE READ THE ENTIRE AGREEMENT CAREFULLY. By clicking + on the button that follows the agreement, you will indicate your acceptance + of the entire agreement and will be bound to use the software only in + accordance with the terms and conditions of the agreement. Once you manifest + your acceptance of the license agreement by clicking on the button, a new + web page will appear for downloading the software. + + Common Public License Version 1.0 + + 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. -- cgit v1.2.3