"Fossies" - the Fresh Open Source Software Archive
Member "wildfly-18.0.1.Final-src/feature-pack/src/main/resources/content/docs/licenses/common public license 1.0.txt" (10 May 2019, 11774 Bytes) of package /linux/www/wildfly-18.0.1.Final-src.zip:
As a special service "Fossies" has tried to format the requested text file into HTML format (style: standard
) with prefixed line numbers.
Alternatively you can here view
the uninterpreted source code file.
1 Common Public License Version 1.0
3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
4 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
5 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
7 1. DEFINITIONS
9 "Contribution" means:
11 a) in the case of the initial Contributor, the initial code and documentation
12 distributed under this Agreement, and
14 b) in the case of each subsequent Contributor:
16 i) changes to the Program, and
18 ii) additions to the Program;
20 where such changes and/or additions to the Program originate from and are
21 distributed by that particular Contributor. A Contribution 'originates' from
22 a Contributor if it was added to the Program by such Contributor itself or
23 anyone acting on such Contributor's behalf. Contributions do not include
24 additions to the Program which: (i) are separate modules of software
25 distributed in conjunction with the Program under their own license
26 agreement, and (ii) are not derivative works of the Program.
28 "Contributor" means any person or entity that distributes the Program.
30 "Licensed Patents " mean patent claims licensable by a Contributor which are
31 necessarily infringed by the use or sale of its Contribution alone or when
32 combined with the Program.
34 "Program" means the Contributions distributed in accordance with this Agreement.
36 "Recipient" means anyone who receives the Program under this Agreement, including
37 all Contributors.
39 2. GRANT OF RIGHTS
41 a) Subject to the terms of this Agreement, each Contributor hereby grants
42 Recipient a non-exclusive, worldwide, royalty-free copyright license to
43 reproduce, prepare derivative works of, publicly display, publicly perform,
44 distribute and sublicense the Contribution of such Contributor, if any, and
45 such derivative works, in source code and object code form.
47 b) Subject to the terms of this Agreement, each Contributor hereby grants
48 Recipient a non-exclusive, worldwide, royalty-free patent license under
49 Licensed Patents to make, use, sell, offer to sell, import and otherwise
50 transfer the Contribution of such Contributor, if any, in source code and
51 object code form. This patent license shall apply to the combination of the
52 Contribution and the Program if, at the time the Contribution is added by
53 the Contributor, such addition of the Contribution causes such combination
54 to be covered by the Licensed Patents. The patent license shall not apply to
55 any other combinations which include the Contribution. No hardware per se is
56 licensed hereunder.
58 c) Recipient understands that although each Contributor grants the licenses
59 to its Contributions set forth herein, no assurances are provided by any
60 Contributor that the Program does not infringe the patent or other
61 intellectual property rights of any other entity. Each Contributor disclaims
62 any liability to Recipient for claims brought by any other entity based on
63 infringement of intellectual property rights or otherwise. As a condition to
64 exercising the rights and licenses granted hereunder, each Recipient hereby
65 assumes sole responsibility to secure any other intellectual property rights
66 needed, if any. For example, if a third party patent license is required to
67 allow Recipient to distribute the Program, it is Recipient's responsibility
68 to acquire that license before distributing the Program.
70 d) Each Contributor represents that to its knowledge it has sufficient
71 copyright rights in its Contribution, if any, to grant the copyright license
72 set forth in this Agreement.
74 3. REQUIREMENTS
76 A Contributor may choose to distribute the Program in object code form under its
77 own license agreement, provided that:
79 a) it complies with the terms and conditions of this Agreement; and
81 b) its license agreement:
83 i) effectively disclaims on behalf of all Contributors all warranties and
84 conditions, express and implied, including warranties or conditions of title
85 and non-infringement, and implied warranties or conditions of merchantability
86 and fitness for a particular purpose;
88 ii) effectively excludes on behalf of all Contributors all liability for
89 damages, including direct, indirect, special, incidental and consequential
90 damages, such as lost profits;
92 iii) states that any provisions which differ from this Agreement are offered
93 by that Contributor alone and not by any other party; and
95 iv) states that source code for the Program is available from such Contributor,
96 and informs licensees how to obtain it in a reasonable manner on or through
97 a medium customarily used for software exchange.
99 When the Program is made available in source code form:
101 a) it must be made available under this Agreement; and
103 b) a copy of this Agreement must be included with each copy of the Program.
105 Contributors may not remove or alter any copyright notices contained within the Program.
107 Each Contributor must identify itself as the originator of its Contribution, if
108 any, in a manner that reasonably allows subsequent Recipients to identify the
109 originator of the Contribution.
111 4. COMMERCIAL DISTRIBUTION
113 Commercial distributors of software may accept certain responsibilities with
114 respect to end users, business partners and the like. While this license is
115 intended to facilitate the commercial use of the Program, the Contributor who
116 includes the Program in a commercial product offering should do so in a manner
117 which does not create potential liability for other Contributors. Therefore, if
118 a Contributor includes the Program in a commercial product offering, such
119 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
120 every other Contributor ("Indemnified Contributor") against any losses, damages
121 and costs (collectively "Losses") arising from claims, lawsuits and other legal
122 actions brought by a third party against the Indemnified Contributor to the
123 extent caused by the acts or omissions of such Commercial Contributor in
124 connection with its distribution of the Program in a commercial product offering.
125 The obligations in this section do not apply to any claims or Losses relating to
126 any actual or alleged intellectual property infringement. In order to qualify,
127 an Indemnified Contributor must: a) promptly notify the Commercial Contributor
128 n writing of such claim, and b) allow the Commercial Contributor to control,
129 and cooperate with the Commercial Contributor in, the defense and any related
130 settlement negotiations. The Indemnified Contributor may participate in any such
131 claim at its own expense.
133 For example, a Contributor might include the Program in a commercial product
134 offering, Product X. That Contributor is then a Commercial Contributor. If that
135 Commercial Contributor then makes performance claims, or offers warranties
136 related to Product X, those performance claims and warranties are such Commercial
137 Contributor's responsibility alone. Under this section, the Commercial
138 Contributor would have to defend claims against the other Contributors related
139 to those performance claims and warranties, and if a court requires any other
140 Contributor to pay any damages as a result, the Commercial Contributor must pay
141 those damages.
143 5. NO WARRANTY
145 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
146 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
147 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
148 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
149 Recipient is solely responsible for determining the appropriateness of using
150 and distributing the Program and assumes all risks associated with its exercise
151 of rights under this Agreement, including but not limited to the risks and costs
152 of program errors, compliance with applicable laws, damage to or loss of data,
153 programs or equipment, and unavailability or interruption of operations.
155 6. DISCLAIMER OF LIABILITY
157 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
158 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
159 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
160 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
161 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
162 WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
163 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
165 7. GENERAL
167 If any provision of this Agreement is invalid or unenforceable under applicable
168 law, it shall not affect the validity or enforceability of the remainder of the
169 terms of this Agreement, and without further action by the parties hereto, such
170 provision shall be reformed to the minimum extent necessary to make such
171 provision valid and enforceable.
173 If Recipient institutes patent litigation against a Contributor with respect to
174 a patent applicable to software (including a cross-claim or counterclaim in a
175 lawsuit), then any patent licenses granted by that Contributor to such Recipient
176 under this Agreement shall terminate as of the date such litigation is filed.
177 In addition, if Recipient institutes patent litigation against any entity
178 (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
179 itself (excluding combinations of the Program with other software or hardware)
180 infringes such Recipient's patent(s), then such Recipient's rights granted under
181 Section 2(b) shall terminate as of the date such litigation is filed.
183 All Recipient's rights under this Agreement shall terminate if it fails to comply
184 with any of the material terms or conditions of this Agreement and does not cure
185 such failure in a reasonable period of time after becoming aware of such
186 noncompliance. If all Recipient's rights under this Agreement terminate, Recipient
187 agrees to cease use and distribution of the Program as soon as reasonably
188 practicable. However, Recipient's obligations under this Agreement and any
189 licenses granted by Recipient relating to the Program shall continue and survive.
191 Everyone is permitted to copy and distribute copies of this Agreement, but in
192 order to avoid inconsistency the Agreement is copyrighted and may only be modified
193 in the following manner. The Agreement Steward reserves the right to publish new
194 versions (including revisions) of this Agreement from time to time. No one other
195 than the Agreement Steward has the right to modify this Agreement. IBM is the
196 initial Agreement Steward. IBM may assign the responsibility to serve as the
197 Agreement Steward to a suitable separate entity. Each new version of the Agreement
198 will be given a distinguishing version number. The Program (including Contributions)
199 may always be distributed subject to the version of the Agreement under which it
200 was received. In addition, after a new version of the Agreement is published,
201 Contributor may elect to distribute the Program (including its Contributions)
202 under the new version. Except as expressly stated in Sections 2(a) and 2(b) above,
203 Recipient receives no rights or licenses to the intellectual property of any
204 Contributor under this Agreement, whether expressly, by implication, estoppel or
205 otherwise. All rights in the Program not expressly granted under this Agreement
206 are reserved.
208 This Agreement is governed by the laws of the State of New York and the
209 intellectual property laws of the United States of America. No party to this
210 Agreement will bring a legal action under this Agreement more than one year after
211 the cause of action arose. Each party waives its rights to a jury trial in any
212 resulting litigation.