You've already forked opencryptoki
mirror of
https://github.com/opencryptoki/opencryptoki.git
synced 2026-10-24 05:39:17 +03:00
302 lines
15 KiB
Plaintext
302 lines
15 KiB
Plaintext
|
|
Common Public License Version 0.5
|
|
|
|
|
|
|
|
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF
|
|
THIS COMMON 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 code and documentation 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
|
|
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 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, 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.
|
|
|
|
Contributors may not remove or alter any copyright notices
|
|
contained within the Program.
|
|
|
|
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.
|
|
|
|
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.
|
|
|
|
IBM is the initial Agreement Steward. IBM 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.
|
|
|
|
|
|
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.
|
|
|
|
|
|
|