~ubuntu-branches/ubuntu/hardy/trousers/hardy-proposed : revision 2

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This package was debianized by William Lima <wlima.amadeus@gmail.com> on

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Wed, 18 Apr 2007 16:44:25 -0300.

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It was downloaded from: http://trousers.sourceforge.net/

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Copyright:

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License:

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Common Public License Version 1.0

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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC

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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM

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CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

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1. DEFINITIONS

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"Contribution" means:

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a) in the case of the initial Contributor, the initial code and

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documentation distributed under this Agreement, and

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b) in the case of each subsequent Contributor:

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i) changes to the Program, and

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ii) additions to the Program;

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where such changes and/or additions to the Program originate from and are

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distributed by that particular Contributor. A Contribution 'originates' from a

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Contributor if it was added to the Program by such Contributor itself or anyone

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acting on such Contributor's behalf. Contributions do not include additions to

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the Program which: (i) are separate modules of software distributed in

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conjunction with the Program under their own license agreement, and (ii) are not

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derivative works of the Program.

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

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"Licensed Patents " mean patent claims licensable by a Contributor which are

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necessarily infringed by the use or sale of its Contribution alone or when

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combined with the Program.

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

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"Recipient" means anyone who receives the Program under this Agreement,

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including all Contributors.

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2. GRANT OF RIGHTS

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a) Subject to the terms of this Agreement, each Contributor hereby grants

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

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reproduce, prepare derivative works of, publicly display, publicly perform,

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distribute and sublicense the Contribution of such Contributor, if any, and such

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derivative works, in source code and object code form.

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

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Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed

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Patents to make, use, sell, offer to sell, import and otherwise transfer the

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Contribution of such Contributor, if any, in source code and object code form.

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This patent license shall apply to the combination of the Contribution and the

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Program if, at the time the Contribution is added by the Contributor, such

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addition of the Contribution causes such combination to be covered by the

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Licensed Patents. The patent license shall not apply to any other combinations

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which include the Contribution. No hardware per se is licensed hereunder.

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c) Recipient understands that although each Contributor grants the licenses

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to its Contributions set forth herein, no assurances are provided by any

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Contributor that the Program does not infringe the patent or other intellectual

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property rights of any other entity. Each Contributor disclaims any liability to

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Recipient for claims brought by any other entity based on infringement of

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intellectual property rights or otherwise. As a condition to exercising the

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rights and licenses granted hereunder, each Recipient hereby assumes sole

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responsibility to secure any other intellectual property rights needed, if any.

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For example, if a third party patent license is required to allow Recipient to

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distribute the Program, it is Recipient's responsibility to acquire that license

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before distributing the Program.

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d) Each Contributor represents that to its knowledge it has sufficient

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copyright rights in its Contribution, if any, to grant the copyright license set

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forth in this Agreement.

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3. REQUIREMENTS

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A Contributor may choose to distribute the Program in object code form under its

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own license agreement, provided that:

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

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b) its license agreement:

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i) effectively disclaims on behalf of all Contributors all warranties and

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conditions, express and implied, including warranties or conditions of title and

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non-infringement, and implied warranties or conditions of merchantability and

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fitness for a particular purpose;

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ii) effectively excludes on behalf of all Contributors all liability for

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damages, including direct, indirect, special, incidental and consequential

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damages, such as lost profits;

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iii) states that any provisions which differ from this Agreement are offered

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by that Contributor alone and not by any other party; and

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iv) states that source code for the Program is available from such

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Contributor, and informs licensees how to obtain it in a reasonable manner on or

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through a medium customarily used for software exchange.

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When the Program is made available in source code form:

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

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

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Contributors may not remove or alter any copyright notices contained within the

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Program.

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Each Contributor must identify itself as the originator of its Contribution, if

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any, in a manner that reasonably allows subsequent Recipients to identify the

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originator of the Contribution.

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4. COMMERCIAL DISTRIBUTION

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Commercial distributors of software may accept certain responsibilities with

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respect to end users, business partners and the like. While this license is

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intended to facilitate the commercial use of the Program, the Contributor who

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includes the Program in a commercial product offering should do so in a manner

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which does not create potential liability for other Contributors. Therefore, if

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a Contributor includes the Program in a commercial product offering, such

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Contributor ("Commercial Contributor") hereby agrees to defend and indemnify

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every other Contributor ("Indemnified Contributor") against any losses, damages

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and costs (collectively "Losses") arising from claims, lawsuits and other legal

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actions brought by a third party against the Indemnified Contributor to the

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extent caused by the acts or omissions of such Commercial Contributor in

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connection with its distribution of the Program in a commercial product

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offering. The obligations in this section do not apply to any claims or Losses

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relating to any actual or alleged intellectual property infringement. In order

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to qualify, an Indemnified Contributor must: a) promptly notify the Commercial

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Contributor in writing of such claim, and b) allow the Commercial Contributor to

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control, and cooperate with the Commercial Contributor in, the defense and any

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related settlement negotiations. The Indemnified Contributor may participate in

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any such claim at its own expense.

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For example, a Contributor might include the Program in a commercial product

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offering, Product X. That Contributor is then a Commercial Contributor. If that

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Commercial Contributor then makes performance claims, or offers warranties

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related to Product X, those performance claims and warranties are such

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Commercial Contributor's responsibility alone. Under this section, the

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Commercial Contributor would have to defend claims against the other

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Contributors related to those performance claims and warranties, and if a court

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requires any other Contributor to pay any damages as a result, the Commercial

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Contributor must pay those damages.

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5. NO WARRANTY

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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN

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"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR

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IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,

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NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each

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Recipient is solely responsible for determining the appropriateness of using and

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distributing the Program and assumes all risks associated with its exercise of

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rights under this Agreement, including but not limited to the risks and costs of

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program errors, compliance with applicable laws, damage to or loss of data,

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programs or equipment, and unavailability or interruption of operations.

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6. DISCLAIMER OF LIABILITY

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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY

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CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,

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SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST

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PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

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STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

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OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS

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GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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7. GENERAL

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If any provision of this Agreement is invalid or unenforceable under applicable

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law, it shall not affect the validity or enforceability of the remainder of the

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terms of this Agreement, and without further action by the parties hereto, such

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provision shall be reformed to the minimum extent necessary to make such

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provision valid and enforceable.

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If Recipient institutes patent litigation against a Contributor with respect to

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a patent applicable to software (including a cross-claim or counterclaim in a

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lawsuit), then any patent licenses granted by that Contributor to such Recipient

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under this Agreement shall terminate as of the date such litigation is filed. In

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addition, if Recipient institutes patent litigation against any entity

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(including a cross-claim or counterclaim in a lawsuit) alleging that the Program

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itself (excluding combinations of the Program with other software or hardware)

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infringes such Recipient's patent(s), then such Recipient's rights granted under

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Section 2(b) shall terminate as of the date such litigation is filed.

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All Recipient's rights under this Agreement shall terminate if it fails to

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comply with any of the material terms or conditions of this Agreement and does

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not cure such failure in a reasonable period of time after becoming aware of

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such noncompliance. If all Recipient's rights under this Agreement terminate,

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Recipient agrees to cease use and distribution of the Program as soon as

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reasonably practicable. However, Recipient's obligations under this Agreement

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and any licenses granted by Recipient relating to the Program shall continue and

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survive.

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Everyone is permitted to copy and distribute copies of this Agreement, but in

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order to avoid inconsistency the Agreement is copyrighted and may only be

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modified in the following manner. The Agreement Steward reserves the right to

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publish new versions (including revisions) of this Agreement from time to time.

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No one other than the Agreement Steward has the right to modify this Agreement.

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IBM is the initial Agreement Steward. IBM may assign the responsibility to serve

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as the Agreement Steward to a suitable separate entity. Each new version of the

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Agreement will be given a distinguishing version number. The Program (including

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Contributions) may always be distributed subject to the version of the Agreement

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under which it was received. In addition, after a new version of the Agreement

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is published, Contributor may elect to distribute the Program (including its

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Contributions) under the new version. Except as expressly stated in Sections

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2(a) and 2(b) above, Recipient receives no rights or licenses to the

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intellectual property of any Contributor under this Agreement, whether

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expressly, by implication, estoppel or otherwise. All rights in the Program not

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expressly granted under this Agreement are reserved.

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This Agreement is governed by the laws of the State of New York and the

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intellectual property laws of the United States of America. No party to this

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Agreement will bring a legal action under this Agreement more than one year

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after the cause of action arose. Each party waives its rights to a jury trial in

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any resulting litigation.