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:
- <tt>in the case of International Business Machines Corporation ("IBM"), the Original Program, and </tt>
- <tt>in the case of each Contributor, </tt>
- <tt>changes to the Program, and </tt>
- <tt>additions to the Program; </tt>
<tt>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. </tt>
"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
- <tt>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. </tt> -
<tt>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.</tt> - <tt>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. </tt> - <tt>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. </tt>
3. REQUIREMENTS
A Contributor may choose to distribute
the Program in object code form under its own license agreement,
provided that:
- <tt>it complies with the terms and conditions of this Agreement; and </tt>
- <tt>its license agreement: </tt>
- <tt>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; </tt> - <tt>effectively excludes on behalf of all Contributors all liability
for damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits; </tt> -
<tt>states that any provisions which differ from this Agreement are
offered by that Contributor alone and not by any other party; and</tt> - <tt>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. </tt>
- <tt>effectively disclaims on behalf of all Contributors all warranties
When the Program is made available in source code form:
- <tt>it must be made available under this Agreement; and </tt>
- <tt>a copy of this Agreement must be included with each copy of the
Program. </tt>
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
... ENDE DES AUSZUGES. Wortanzahl im ganzen Dokument: 2056
nur einmalig 49,00 EUR (zzgl. MwSt.) *
Den vollständigen Text "IBM Public License Version 1.0" können Sie nach erfolgter Anmeldung lesen. Alle Dokumente können Sie in die üblichen Textverarbeitungsprogramme einfügen, dort anpassen, speichern und ausdrucken.
Haben Sie Fragen zu "IBM Public License Version 1.0"?
Fragen Sie im kostenlosen Forum
Geprüfte Qualität