libreccm-legacy/tools-legacy/scripts/COPYING

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CCM PUBLIC LICENSE VERSION 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS CCM 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 Red Hat, Inc. ("RED HAT"), the Original Program, and
b. in the case of each Contributor,
i. changes to any component of the Program, and
ii. additions to the Program, including source code, object code and
documentation, 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 RED HAT 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 RED HAT, including source code, object code and
documentation, if any.
"Program" means the Original Program and Contributions.
"Recipient" means anyone that 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 and
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 infringementof
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:
i. it must be made available under this Agreement; and
ii. 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) 2002. Red Hat, Inc. 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, any Contributor that
includes the Program in a commercial product offering or any service related to
the Program should do so in a manner which does not create potential liability
for other Contributors. Therefore, if a Contributor includes the Program in such
a commercial 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 commercial 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.
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 RED HAT NOR 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 of a 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.
RED HAT may publish new versions (including revisions) of this Agreement from
time to time. 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 RED HAT 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 North Carolina 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.