Common Public License

From 33613a85afc4b1481367fbe92a17ee59c240250b Mon Sep 17 00:00:00 2001 From: Sven Eisenhauer Date: Fri, 10 Nov 2023 15:11:48 +0100 Subject: add new repo --- .../Common Public License - v 1_0.mht | 393 +++++++++++++++++++++ 1 file changed, 393 insertions(+) create mode 100644 Master/Reference Architectures and Patterns/labs/QuasarClient/showcaseSwing/Common Public License - v 1_0.mht (limited to 'Master/Reference Architectures and Patterns/labs/QuasarClient/showcaseSwing/Common Public License - v 1_0.mht') diff --git a/Master/Reference Architectures and Patterns/labs/QuasarClient/showcaseSwing/Common Public License - v 1_0.mht b/Master/Reference Architectures and Patterns/labs/QuasarClient/showcaseSwing/Common Public License - v 1_0.mht new file mode 100644 index 0000000..cbd61ae --- /dev/null +++ b/Master/Reference Architectures and Patterns/labs/QuasarClient/showcaseSwing/Common Public License - v 1_0.mht @@ -0,0 +1,393 @@ +From: +Subject: Common Public License - v 1.0 +Date: Sun, 21 Jan 2007 09:08:54 +0100 +MIME-Version: 1.0 +Content-Type: text/html; + charset="iso-8859-1" +Content-Transfer-Encoding: quoted-printable +Content-Location: http://www.openquasar.de/de/quasar/cpl-v10_sdm.html +X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 + + +Common Public License - v 1.0 + + + +

Common Public License - v 1.0 (sd&m AG) = +

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS = +OF THIS=20 +COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR = +DISTRIBUTION OF=20 +THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. THIS = +AGREEMENT=20 +IS BASED ON THE INITIAL COMMON PUBLIC LICENSE OF IBM=20 +(http://www.eclipse.org/legal/cpl-v10.html)

1. DEFINITIONS

"Contribution" means:

a) in the case of the initial Contributor, the = +initial code=20 + and documentation distributed under this Agreement, and
b) in=20 + 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=20 + from and are distributed by that particular Contributor.

A=20 + Contribution 'originates' from a Contributor if it was added to the = +Program by=20 + such Contributor itself or anyone acting on such Contributor's behalf. = + +

Contributions do not include additions to the = +Program=20 + which: (i) are separate modules of software distributed in conjunction = +with=20 + the Program under their own license agreement, and (ii) are not = +derivative=20 + works of the Program.

"Contributor" means any person or entity that = +distributes the=20 +Program.

"Licensed Patents " mean patent claims licensable by a = + +Contributor which are necessarily infringed by the use or sale of its=20 +Contribution alone or when combined with the Program.

"Program" means the = +Contributions=20 +distributed in accordance with this Agreement.

"Recipient" means anyone who receives the Program = +under this=20 +Agreement, including all Contributors.

2. GRANT OF RIGHTS

Subject to the=20 + terms of this Agreement, each Contributor hereby grants

=20 + Recipient a non-exclusive, worldwide, royalty-free copyright license=20 + to

reproduce, prepare=20 + derivative works of, publicly display, publicly perform, distribute = +and=20 + sublicense the Contribution of such Contributor, if any, and such = +derivative=20 + works, in source code and object code form.

b) Subject to the terms of this = + + Agreement, each Contributor hereby grants

Recipient a=20 + non-exclusive, worldwide,

= +

royalty-free patent license under Licensed Patents to make, = +use, sell,=20 + offer to sell, import and otherwise transfer the Contribution of such=20 + Contributor, if any, in source code and object code form. This patent = +license=20 + shall apply to the combination of the Contribution and the Program if, = +at the=20 + time the Contribution is added by the Contributor, such addition of = +the=20 + Contribution causes such combination to be covered by the Licensed = +Patents.=20 + The patent license shall not apply to any other combinations which = +include the=20 + Contribution. No hardware per se is licensed hereunder.

c) Recipient understands that although each = +Contributor=20 + grants the licenses to its Contributions set forth herein, no = +assurances are=20 + provided by any Contributor that the Program does not infringe the = +patent or=20 + other intellectual property rights of any other entity. Each = +Contributor=20 + disclaims any liability to Recipient for claims brought by any other = +entity=20 + based on infringement of intellectual property rights or otherwise. As = +a=20 + condition to exercising the rights and licenses granted hereunder, = +each=20 + Recipient hereby assumes sole responsibility to secure any other = +intellectual=20 + property rights needed, if any. For example, if a third party patent = +license=20 + is required to allow Recipient to distribute the Program, it is = +Recipient's=20 + responsibility to acquire that license before distributing the = +Program.

d) Each Contributor represents that to its knowledge = +it has=20 + sufficient copyright rights in its Contribution, if any, to grant the=20 + copyright license set forth in this Agreement.

3. REQUIREMENTS

A Contributor may choose to distribute the = +Program in=20 +object code form under its own license agreement, provided that: = +

a) it complies with the terms and conditions of this=20 + Agreement; and

b) its license agreement:

i) effectively disclaims

on = +behalf of all=20 + Contributors all warranties and conditions, express and implied, = +including=20 + warranties or conditions of title and non-infringement, and implied = +warranties=20 + or conditions of merchantability and fitness for a particular purpose; = + +

ii) effectively excludes on behalf of all = +Contributors all=20 + liability for damages, including direct, indirect, special, incidental = +and=20 + consequential damages, such as lost profits;

iii)

states that any provisions = +which=20 + differ from this Agreement are offered by that Contributor alone and = +not by=20 + any other party; and

iv) states that source code for the Program is = +available from=20 + such Contributor, and informs licensees how to obtain it in a = +reasonable=20 + manner on or through a medium customarily used for software=20 + exchange.

When the Program is made available in source code = +form:=20 +

a) it must be made available under this Agreement; = +and=20 +

b) a copy of this Agreement must be included with = +each copy=20 + of the Program.

Contributors=20 +may not remove or alter any copyright notices contained within the = +Program.=20 +

Each Contributor must identify itself as the = +originator of its=20 +Contribution, if any, in a manner that reasonably allows subsequent = +Recipients=20 +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.=20 +While this license is intended to facilitate the commercial use of the = +Program,=20 +the Contributor who includes the Program in a commercial product = +offering should=20 +do so in a manner which does not create potential liability for other=20 +Contributors. Therefore, if a Contributor includes the Program in a = +commercial=20 +product offering, such Contributor ("Commercial Contributor") hereby = +agrees to=20 +defend and indemnify every other Contributor ("Indemnified Contributor") = +against=20 +any losses, damages and costs (collectively "Losses") arising from = +claims,=20 +lawsuits and other legal actions brought by a third party against the=20 +Indemnified Contributor to the extent caused by the acts or omissions of = +such=20 +Commercial Contributor in connection with its distribution of the = +Program in a=20 +commercial product offering. The obligations in this section do not = +apply to any=20 +claims or Losses relating to any actual or alleged intellectual property = + +infringement. In order to qualify, an Indemnified Contributor must: a) = +promptly=20 +notify the Commercial Contributor in writing of such claim, and b) allow = +the=20 +Commercial Contributor to control, and cooperate with the Commercial = +Contributor=20 +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=20 +commercial product offering, Product X. That Contributor is then a = +Commercial=20 +Contributor. If that Commercial Contributor then makes performance = +claims, or=20 +offers warranties related to Product X, those performance claims and = +warranties=20 +are such Commercial Contributor's responsibility alone. Under this = +section, the=20 +Commercial Contributor would have to defend claims against the other=20 +Contributors related to those performance claims and warranties, and if = +a court=20 +requires any other Contributor to pay any damages as a result, the = +Commercial=20 +Contributor must pay those damages.

5. NO = +WARRANTY=20 +

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE = +PROGRAM IS=20 +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY = +KIND,=20 +EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES = +OR=20 +CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A=20 +PARTICULAR PURPOSE. Each Recipient is solely = +responsible for=20 +determining the appropriateness of using and distributing the Program and assumes all risks = +associated with its=20 +exercise of rights under this Agreement, including = +but not=20 +limited to the risks and costs of program errors, compliance with = +applicable=20 +laws, damage to or loss of data, programs or = +equipment, and=20 +unavailability or interruption of operations. = +

6. DISCLAIMER OF = +LIABILITY=20 +

EXCEPT AS EXPRESSLY SET FORTH IN = +THIS=20 +AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY = +LIABILITY FOR=20 +ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL = +DAMAGES=20 +(INCLUDING WITHOUT LIMITATION LOST = +PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN = +CONTRACT,=20 +STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN = +ANY WAY=20 +OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY = +RIGHTS=20 +GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH = +DAMAGES.=20 +

7. GENERAL

If any provision of this = +Agreement is=20 +invalid or unenforceable under applicable law, it shall not affect the = +validity=20 +or enforceability of the remainder of the terms of this Agreement, and = +without=20 +further action by the parties hereto, such provision shall be reformed = +to the=20 +minimum extent necessary to make such provision valid and = +enforceable.=20 +

If Recipient institutes patent litigation against a = +Contributor=20 +with respect to a patent applicable to software (including a cross-claim = +or=20 +counterclaim in a lawsuit), then any patent licenses granted by that = +Contributor=20 +to such Recipient under this Agreement shall terminate as of the date = +such=20 +litigation is filed. In addition, if Recipient institutes patent = +litigation=20 +against any entity (including a cross-claim or counterclaim in a = +lawsuit)=20 +alleging that the Program itself (excluding combinations of the Program = +with=20 +other software or hardware) infringes such Recipient's patent(s), then = +such=20 +Recipient's rights granted under Section 2(b) shall terminate as of the = +date=20 +such litigation is filed.

All Recipient's rights under this Agreement shall = +terminate if=20 +it fails to comply with any of the material terms or conditions of this=20 +Agreement and does not cure such failure in a reasonable period of time = +after=20 +becoming aware of such noncompliance. If all Recipient's rights under = +this=20 +Agreement terminate, Recipient agrees to cease use and distribution of = +the=20 +Program as soon as reasonably practicable. However, Recipient's = +obligations=20 +under this Agreement and any licenses granted by Recipient relating to = +the=20 +Program shall continue and survive.

Everyone is permitted to copy and distribute copies of = +this=20 +Agreement, but in order to avoid inconsistency the Agreement is = +copyrighted and=20 +may only be modified in the following manner. The Agreement Steward = +reserves the=20 +right to publish new versions (including = +revisions) of this=20 +Agreement from time to time. No one other than the = +Agreement=20 +Steward has the right to modify this Agreement. software design & = +management=20 +AG is the initial Agreement Steward. software = +design=20 +& management AG may assign the responsibility = +to serve=20 +as the Agreement Steward to a suitable separate entity. Each=20 +new version of the Agreement will be given a distinguishing version = +number. The=20 +Program (including Contributions) may always be distributed subject to = +the=20 +version of the Agreement under which it was received. In addition, after = +a new=20 +version of the Agreement is published, Contributor may elect to = +distribute the=20 +Program (including its Contributions) under the new version.=20 +Except as expressly stated in Sections 2(a) and = +2(b) above,=20 +Recipient receives no rights or licenses to the intellectual property of = +any=20 +Contributor under this Agreement, whether expressly, by=20 +implication, estoppel or otherwise. All=20 +rights in the Program not expressly granted under this Agreement are=20 +reserved.

This Agreement is governed by the laws of the State of = +New York=20 +and the intellectual property laws of the United States of America. No = +party to=20 +this Agreement will bring a legal action under this Agreement more than = +one year=20 +after the cause of action arose. Each party waives its rights to a jury = +trial in=20 +any resulting litigation.

-- cgit v1.2.3