PKGBUILDs/community/opendx/LICENSE

IBM PUBLIC LICENSE - Open Visualization Data Explorer 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:
  a) in the case of International Business Machines Corporation
     ("IBM"), the Original Program, and
  b) in the case of each Contributor,
       i)   changes to the Program, and
       ii)  any additions to the Program thatare distributed in
            conjunction with the Program under this Agreement;
     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 made or 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 IBM and any other entity that distributes the Program.

"Licensed Patents" mean those claims of patents licensable by a Contributor which are necessarily infringed by each Contribution that both originates from and is distributed by that particular Contributor, if any, as well as claims of patents licensable by a Contributor which are necessarily infringed by the Contributor's Contribution whencombined 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 the entity 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, distribute,
     publicly display, publicly perform and sublicense the Contribution
     of such Contributor, if any, 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.  The patent license
     shall not apply to the combination of the Contribution with any
     other software except that it shall apply to the combination of the
     Contribution and the Program where, at the time the Contribution is
     added, the addition of the Contribution causes the combination of
     the Contribution and the Program to be covered by the Licensed
     Patents.  Nor shall any machine, apparatus or other hardware be
     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 infringement of intellectual
     property rights or otherwise.  As a condition precedent 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 sourcecode form:

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

  b) 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:

  (C) Copyright 1989, 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

This Agreement does not prohibit any Contributor from including the Program in a commercial product offering (including distribution in object code form under a license agreement other than this Agreement), provided that such Contributor ("Commercial Contributor") hereby agrees to indemnify, defend and hold every other Contributor ("Indemnified Contributor") harmless from and against any losses, damages, expenses (including reasonable attorneys' fees) and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought against the Indemnified Contributor to the extent caused by the terms, conditions, acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering, excluding any Losses arising from intellectual property claims relating to the Program, provided that any Indemnified Contributor: a) promptly notifies the Commercial Contributor in writing of such claim, and b) allows the Commercial Contributor to control, and cooperates with the Commercial Contributor in, the defense and any related settlement negotiations.  The Indemnified Contributor shall have the right to participate 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, 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 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 effect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto such provision shall bereformedto 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 the 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 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 non-compliance.  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 Agreementand any licenses granted by Recipient relating to the Program shall continue and survive.

IBM may publish new versions (including revisions) of this Agreement from time to time.  Each new version of the Agreement will be given a distinguishing version number.  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 thenew version.  No one other than IBM 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 New York 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.  Recipient agrees to comply with all applicable laws, rules and regulations, including without limitation all export and import laws, rules and regulations.