mirror of
https://github.com/go-gitea/gitea
synced 2024-12-27 07:24:22 +01:00
236 lines
11 KiB
Text
236 lines
11 KiB
Text
IBM Public License Version 1.0
|
|
|
|
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM
|
|
|
|
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 International Business Machines Corporation ("IBM"), the
|
|
Original Program, and
|
|
|
|
b. in the case of each 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 IBM and any other 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.
|
|
|
|
"Original Program" means the original version of the software accompanying
|
|
this Agreement as released by IBM, including source code, object code and
|
|
documentation, if any.
|
|
|
|
"Program" means the Original Program and Contributions.
|
|
|
|
"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.
|
|
|
|
Each Contributor must include the following in a conspicuous location in the
|
|
Program:
|
|
|
|
Copyright (C) 1996, 1999 International Business Machines Corporation and others.
|
|
All Rights Reserved.
|
|
|
|
In addition, 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.
|
|
|
|
IBM may publish new versions (including revisions) of this Agreement from
|
|
time to time. 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.
|
|
No one other than IBM has the right to modify this Agreement. 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.
|