Feb 25, 2020
This commit is contained in:
Charlie Root
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jails/config/mail/postfix/LICENSE
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LICENSE - SECURE MAILER
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||||
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This software is dual-licensed under both the Eclipse Public License
|
||||
version 2.0 and the IBM Public License version 1.0, for those who
|
||||
are more comfortable continuing with that license. Recipients can
|
||||
choose to take the software under the license of their choice.
|
||||
|
||||
The remainder of this text contains a copy of each license.
|
||||
|
||||
Eclipse Public License - v 2.0
|
||||
|
||||
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
|
||||
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 the initial Contributor, the initial content
|
||||
Distributed under this Agreement, and
|
||||
|
||||
b) in the case of each subsequent Contributor:
|
||||
i) changes to the Program, and
|
||||
ii) additions to the Program;
|
||||
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 changes or additions to the Program that
|
||||
are not Modified Works.
|
||||
|
||||
"Contributor" means any person or 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.
|
||||
|
||||
"Program" means the Contributions Distributed in accordance with this
|
||||
Agreement.
|
||||
|
||||
"Recipient" means anyone who receives the Program under this Agreement
|
||||
or any Secondary License (as applicable), including Contributors.
|
||||
|
||||
"Derivative Works" shall mean any work, whether in Source Code or other
|
||||
form, that is based on (or derived from) the Program and for which the
|
||||
editorial revisions, annotations, elaborations, or other modifications
|
||||
represent, as a whole, an original work of authorship.
|
||||
|
||||
"Modified Works" shall mean any work in Source Code or other form that
|
||||
results from an addition to, deletion from, or modification of the
|
||||
contents of the Program, including, for purposes of clarity any new file
|
||||
in Source Code form that contains any contents of the Program. Modified
|
||||
Works shall not include works that contain only declarations,
|
||||
interfaces, types, classes, structures, or files of the Program solely
|
||||
in each case in order to link to, bind by name, or subclass the Program
|
||||
or Modified Works thereof.
|
||||
|
||||
"Distribute" means the acts of a) distributing or b) making available
|
||||
in any manner that enables the transfer of a copy.
|
||||
|
||||
"Source Code" means the form of a Program preferred for making
|
||||
modifications, including but not limited to software source code,
|
||||
documentation source, and configuration files.
|
||||
|
||||
"Secondary License" means either the GNU General Public License,
|
||||
Version 2.0, or any later versions of that license, including any
|
||||
exceptions or additional permissions as identified by the initial
|
||||
Contributor.
|
||||
|
||||
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, publicly display,
|
||||
publicly perform, Distribute and sublicense the Contribution of such
|
||||
Contributor, if any, and such Derivative Works.
|
||||
|
||||
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 or other 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.
|
||||
|
||||
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 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.
|
||||
|
||||
e) Notwithstanding the terms of any Secondary License, no
|
||||
Contributor makes additional grants to any Recipient (other than
|
||||
those set forth in this Agreement) as a result of such Recipient's
|
||||
receipt of the Program under the terms of a Secondary License
|
||||
(if permitted under the terms of Section 3).
|
||||
|
||||
3. REQUIREMENTS
|
||||
|
||||
3.1 If a Contributor Distributes the Program in any form, then:
|
||||
|
||||
a) the Program must also be made available as Source Code, in
|
||||
accordance with section 3.2, and the Contributor must accompany
|
||||
the Program with a statement that the Source Code for the Program
|
||||
is available under this Agreement, and informs Recipients how to
|
||||
obtain it in a reasonable manner on or through a medium customarily
|
||||
used for software exchange; and
|
||||
|
||||
b) the Contributor may Distribute the Program under a license
|
||||
different than this Agreement, provided that such license:
|
||||
i) effectively disclaims on behalf of all other 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 other Contributors all
|
||||
liability for damages, including direct, indirect, special,
|
||||
incidental and consequential damages, such as lost profits;
|
||||
|
||||
iii) does not attempt to limit or alter the recipients' rights
|
||||
in the Source Code under section 3.2; and
|
||||
|
||||
iv) requires any subsequent distribution of the Program by any
|
||||
party to be under a license that satisfies the requirements
|
||||
of this section 3.
|
||||
|
||||
3.2 When the Program is Distributed as Source Code:
|
||||
|
||||
a) it must be made available under this Agreement, or if the
|
||||
Program (i) is combined with other material in a separate file or
|
||||
files made available under a Secondary License, and (ii) the initial
|
||||
Contributor attached to the Source Code the notice described in
|
||||
Exhibit A of this Agreement, then the Program may be made available
|
||||
under the terms of such Secondary Licenses, and
|
||||
|
||||
b) a copy of this Agreement must be included with each copy of
|
||||
the Program.
|
||||
|
||||
3.3 Contributors may not remove or alter any copyright, patent,
|
||||
trademark, attribution notices, disclaimers of warranty, or limitations
|
||||
of liability ("notices") contained within the Program from any copy of
|
||||
the Program which they Distribute, provided that Contributors may add
|
||||
their own appropriate notices.
|
||||
|
||||
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
|
||||
participate in any such claim at its own expense.
|
||||
|
||||
For example, a Contributor might include the Program in a commercial
|
||||
product offering, Product X. That Contributor is then a Commercial
|
||||
Contributor. If that Commercial Contributor then makes performance
|
||||
claims, or offers warranties related to Product X, those performance
|
||||
claims and warranties are such Commercial Contributor's responsibility
|
||||
alone. Under this section, the Commercial Contributor would have to
|
||||
defend claims against the other Contributors related to those performance
|
||||
claims and warranties, and if a court requires any other Contributor to
|
||||
pay any damages as a result, the Commercial Contributor must pay
|
||||
those damages.
|
||||
|
||||
5. NO WARRANTY
|
||||
|
||||
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
|
||||
PERMITTED BY APPLICABLE LAW, 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,
|
||||
compliance with applicable laws, 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, AND TO THE EXTENT
|
||||
PERMITTED BY APPLICABLE LAW, 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 affect the validity or enforceability of
|
||||
the remainder of the terms of this Agreement, and without further
|
||||
action by the parties hereto, such provision shall be reformed to the
|
||||
minimum extent necessary to make such provision valid and enforceable.
|
||||
|
||||
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 noncompliance. 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 Agreement and any licenses
|
||||
granted by Recipient relating to the Program shall continue and survive.
|
||||
|
||||
Everyone is permitted to copy and distribute copies of this Agreement,
|
||||
but in order to avoid inconsistency the Agreement is copyrighted and
|
||||
may only be modified in the following manner. The Agreement Steward
|
||||
reserves the right to publish new versions (including revisions) of
|
||||
this Agreement from time to time. No one other than the Agreement
|
||||
Steward has the right to modify this Agreement. The Eclipse Foundation
|
||||
is the initial Agreement Steward. The Eclipse Foundation may assign the
|
||||
responsibility to serve as the Agreement Steward to a suitable separate
|
||||
entity. 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 the new version.
|
||||
|
||||
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. Nothing in this Agreement is intended
|
||||
to be enforceable by any entity that is not a Contributor or Recipient.
|
||||
No third-party beneficiary rights are created under this Agreement.
|
||||
|
||||
Exhibit A - Form of Secondary Licenses Notice
|
||||
|
||||
"This Source Code may also be made available under the following
|
||||
Secondary Licenses when the conditions for such availability set forth
|
||||
in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
|
||||
version(s), and exceptions or additional permissions here}."
|
||||
|
||||
Simply including a copy of this Agreement, including this Exhibit A
|
||||
is not sufficient to license the Source Code under Secondary Licenses.
|
||||
|
||||
If it is not possible or desirable to put the notice in a particular
|
||||
file, then You may include the notice in a location (such as a LICENSE
|
||||
file in a relevant directory) where a recipient would be likely to
|
||||
look for such a notice.
|
||||
|
||||
You may add additional accurate notices of copyright ownership.
|
||||
|
||||
IBM PUBLIC LICENSE VERSION 1.0 - SECURE MAILER
|
||||
|
||||
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) additions to the Program;
|
||||
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.
|
||||
|
||||
"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
|
||||
|
||||
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, 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.
|
||||
|
||||
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. 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.
|
||||
|
||||
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 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 source code 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:
|
||||
|
||||
Copyright (c) 1997,1998,1999, 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
|
||||
participate in any such claim at its own expense.
|
||||
|
||||
For example, a Contributor might include the Program in a commercial
|
||||
product offering, Product X. That Contributor is then a Commercial
|
||||
Contributor. If that Commercial Contributor then makes performance
|
||||
claims, or offers warranties related to Product X, those performance
|
||||
claims and warranties are such Commercial Contributor's responsibility
|
||||
alone. Under this section, the Commercial Contributor would have to
|
||||
defend claims against the other Contributors related to those performance
|
||||
claims and warranties, and if a court requires any other Contributor to
|
||||
pay any damages as a result, the Commercial Contributor must pay those
|
||||
damages.
|
||||
|
||||
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,
|
||||
compliance with applicable laws, 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 affect the validity or enforceability of
|
||||
the remainder of the terms of this Agreement, and without further action
|
||||
by the parties hereto, such provision shall be reformed to 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 any 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 noncompliance. 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 Agreement and 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 the new 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.
|
||||
Reference in New Issue
Block a user