"Fossies" - the Fresh Open Source Software Archive

Member "groovy-4.0.12/licenses/junit4-license.txt" (31 Jan 1980, 11798 Bytes) of package /linux/misc/apache-groovy-src-4.0.12.zip:

    1 Eclipse Public License - v 1.0
    2 
    3    THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
    4    PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
    5    THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
    6 
    7    1. DEFINITIONS
    8 
    9    "Contribution" means:
   10 
   11    a) in the case of the initial Contributor, the initial code and
   12    documentation distributed under this Agreement, and
   13 
   14    b) in the case of each subsequent Contributor:
   15 
   16    i) changes to the Program, and
   17 
   18    ii) additions to the Program;
   19 
   20    where such changes and/or additions to the Program originate from and
   21    are distributed by that particular Contributor. A Contribution
   22    'originates' from a Contributor if it was added to the Program by such
   23    Contributor itself or anyone acting on such Contributor's behalf.
   24    Contributions do not include additions to the Program which: (i) are
   25    separate modules of software distributed in conjunction with the
   26    Program under their own license agreement, and (ii) are not derivative
   27    works of the Program.
   28 
   29    "Contributor" means any person or entity that distributes the Program.
   30 
   31    "Licensed Patents" mean patent claims licensable by a Contributor which
   32    are necessarily infringed by the use or sale of its Contribution alone
   33    or when combined with the Program.
   34 
   35    "Program" means the Contributions distributed in accordance with this
   36    Agreement.
   37 
   38    "Recipient" means anyone who receives the Program under this Agreement,
   39    including all Contributors.
   40 
   41    2. GRANT OF RIGHTS
   42 
   43    a) Subject to the terms of this Agreement, each Contributor hereby
   44    grants Recipient a non-exclusive, worldwide, royalty-free copyright
   45    license to reproduce, prepare derivative works of, publicly display,
   46    publicly perform, distribute and sublicense the Contribution of such
   47    Contributor, if any, and such derivative works, in source code and
   48    object code form.
   49 
   50    b) Subject to the terms of this Agreement, each Contributor hereby
   51    grants Recipient a non-exclusive, worldwide, royalty-free patent
   52    license under Licensed Patents to make, use, sell, offer to sell,
   53    import and otherwise transfer the Contribution of such Contributor, if
   54    any, in source code and object code form. This patent license shall
   55    apply to the combination of the Contribution and the Program if, at the
   56    time the Contribution is added by the Contributor, such addition of the
   57    Contribution causes such combination to be covered by the Licensed
   58    Patents. The patent license shall not apply to any other combinations
   59    which include the Contribution. No hardware per se is licensed
   60    hereunder.
   61 
   62    c) Recipient understands that although each Contributor grants the
   63    licenses to its Contributions set forth herein, no assurances are
   64    provided by any Contributor that the Program does not infringe the
   65    patent or other intellectual property rights of any other entity. Each
   66    Contributor disclaims any liability to Recipient for claims brought by
   67    any other entity based on infringement of intellectual property rights
   68    or otherwise. As a condition to exercising the rights and licenses
   69    granted hereunder, each Recipient hereby assumes sole responsibility to
   70    secure any other intellectual property rights needed, if any. For
   71    example, if a third party patent license is required to allow Recipient
   72    to distribute the Program, it is Recipient's responsibility to acquire
   73    that license before distributing the Program.
   74 
   75    d) Each Contributor represents that to its knowledge it has sufficient
   76    copyright rights in its Contribution, if any, to grant the copyright
   77    license set forth in this Agreement.
   78 
   79    3. REQUIREMENTS
   80 
   81    A Contributor may choose to distribute the Program in object code form
   82    under its own license agreement, provided that:
   83 
   84    a) it complies with the terms and conditions of this Agreement; and
   85 
   86    b) its license agreement:
   87 
   88    i) effectively disclaims on behalf of all Contributors all warranties
   89    and conditions, express and implied, including warranties or conditions
   90    of title and non-infringement, and implied warranties or conditions of
   91    merchantability and fitness for a particular purpose;
   92 
   93    ii) effectively excludes on behalf of all Contributors all liability
   94    for damages, including direct, indirect, special, incidental and
   95    consequential damages, such as lost profits;
   96 
   97    iii) states that any provisions which differ from this Agreement are
   98    offered by that Contributor alone and not by any other party; and
   99 
  100    iv) states that source code for the Program is available from such
  101    Contributor, and informs licensees how to obtain it in a reasonable
  102    manner on or through a medium customarily used for software exchange.
  103 
  104    When the Program is made available in source code form:
  105 
  106    a) it must be made available under this Agreement; and
  107 
  108    b) a copy of this Agreement must be included with each copy of the
  109    Program.
  110 
  111    Contributors may not remove or alter any copyright notices contained
  112    within the Program.
  113 
  114    Each Contributor must identify itself as the originator of its
  115    Contribution, if any, in a manner that reasonably allows subsequent
  116    Recipients to identify the originator of the Contribution.
  117 
  118    4. COMMERCIAL DISTRIBUTION
  119 
  120    Commercial distributors of software may accept certain responsibilities
  121    with respect to end users, business partners and the like. While this
  122    license is intended to facilitate the commercial use of the Program,
  123    the Contributor who includes the Program in a commercial product
  124    offering should do so in a manner which does not create potential
  125    liability for other Contributors. Therefore, if a Contributor includes
  126    the Program in a commercial product offering, such Contributor
  127    ("Commercial Contributor") hereby agrees to defend and indemnify every
  128    other Contributor ("Indemnified Contributor") against any losses,
  129    damages and costs (collectively "Losses") arising from claims, lawsuits
  130    and other legal actions brought by a third party against the
  131    Indemnified Contributor to the extent caused by the acts or omissions
  132    of such Commercial Contributor in connection with its distribution of
  133    the Program in a commercial product offering. The obligations in this
  134    section do not apply to any claims or Losses relating to any actual or
  135    alleged intellectual property infringement. In order to qualify, an
  136    Indemnified Contributor must: a) promptly notify the Commercial
  137    Contributor in writing of such claim, and b) allow the Commercial
  138    Contributor to control, and cooperate with the Commercial Contributor
  139    in, the defense and any related settlement negotiations. The
  140    Indemnified Contributor may participate in any such claim at its own
  141    expense.
  142 
  143    For example, a Contributor might include the Program in a commercial
  144    product offering, Product X. That Contributor is then a Commercial
  145    Contributor. If that Commercial Contributor then makes performance
  146    claims, or offers warranties related to Product X, those performance
  147    claims and warranties are such Commercial Contributor's responsibility
  148    alone. Under this section, the Commercial Contributor would have to
  149    defend claims against the other Contributors related to those
  150    performance claims and warranties, and if a court requires any other
  151    Contributor to pay any damages as a result, the Commercial Contributor
  152    must pay those damages.
  153 
  154    5. NO WARRANTY
  155 
  156    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
  157    PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
  158    KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
  159    WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
  160    FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible
  161    for determining the appropriateness of using and distributing the
  162    Program and assumes all risks associated with its exercise of rights
  163    under this Agreement , including but not limited to the risks and costs
  164    of program errors, compliance with applicable laws, damage to or loss
  165    of data, programs or equipment, and unavailability or interruption of
  166    operations.
  167 
  168    6. DISCLAIMER OF LIABILITY
  169 
  170    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
  171    ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
  172    INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
  173    WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
  174    LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
  175    NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
  176    DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
  177    HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  178 
  179    7. GENERAL
  180 
  181    If any provision of this Agreement is invalid or unenforceable under
  182    applicable law, it shall not affect the validity or enforceability of
  183    the remainder of the terms of this Agreement, and without further
  184    action by the parties hereto, such provision shall be reformed to the
  185    minimum extent necessary to make such provision valid and enforceable.
  186 
  187    If Recipient institutes patent litigation against any entity (including
  188    a cross-claim or counterclaim in a lawsuit) alleging that the Program
  189    itself (excluding combinations of the Program with other software or
  190    hardware) infringes such Recipient's patent(s), then such Recipient's
  191    rights granted under Section 2(b) shall terminate as of the date such
  192    litigation is filed.
  193 
  194    All Recipient's rights under this Agreement shall terminate if it fails
  195    to comply with any of the material terms or conditions of this
  196    Agreement and does not cure such failure in a reasonable period of time
  197    after becoming aware of such noncompliance. If all Recipient's rights
  198    under this Agreement terminate, Recipient agrees to cease use and
  199    distribution of the Program as soon as reasonably practicable. However,
  200    Recipient's obligations under this Agreement and any licenses granted
  201    by Recipient relating to the Program shall continue and survive.
  202 
  203    Everyone is permitted to copy and distribute copies of this Agreement,
  204    but in order to avoid inconsistency the Agreement is copyrighted and
  205    may only be modified in the following manner. The Agreement Steward
  206    reserves the right to publish new versions (including revisions) of
  207    this Agreement from time to time. No one other than the Agreement
  208    Steward has the right to modify this Agreement. The Eclipse Foundation
  209    is the initial Agreement Steward. The Eclipse Foundation may assign the
  210    responsibility to serve as the Agreement Steward to a suitable separate
  211    entity. Each new version of the Agreement will be given a
  212    distinguishing version number. The Program (including Contributions)
  213    may always be distributed subject to the version of the Agreement under
  214    which it was received. In addition, after a new version of the
  215    Agreement is published, Contributor may elect to distribute the Program
  216    (including its Contributions) under the new version. Except as
  217    expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
  218    rights or licenses to the intellectual property of any Contributor
  219    under this Agreement, whether expressly, by implication, estoppel or
  220    otherwise. All rights in the Program not expressly granted under this
  221    Agreement are reserved.
  222 
  223    This Agreement is governed by the laws of the State of New York and the
  224    intellectual property laws of the United States of America. No party to
  225    this Agreement will bring a legal action under this Agreement more than
  226    one year after the cause of action arose. Each party waives its rights
  227    to a jury trial in any resulting litigation.