Applications for Coherent 4.2.14 Updates and New
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  1. Common Public License Version 1.0
  2. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
  3. LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
  4. CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 1.
  5. DEFINITIONS
  6. "Contribution" means:
  7. a) in the case of the initial Contributor, the initial code and documentation
  8. distributed under this Agreement, and
  9. b) in the case of each subsequent Contributor:
  10. i) changes to the Program, and
  11. ii) additions to the Program;
  12. where such changes and/or additions to the Program originate from and are
  13. distributed by that particular Contributor. A Contribution 'originates' from
  14. a Contributor if it was added to the Program by such Contributor itself or
  15. anyone acting on such Contributor's behalf. Contributions do not include additions
  16. to the Program which: (i) are separate modules of software distributed in
  17. conjunction with the Program under their own license agreement, and (ii) are
  18. not derivative works of the Program.
  19. "Contributor" means any person or entity that distributes the Program.
  20. "Licensed Patents " mean patent claims licensable by a Contributor which are
  21. necessarily infringed by the use or sale of its Contribution alone or when
  22. combined with the Program.
  23. "Program" means the Contributions distributed in accordance with this Agreement.
  24. "Recipient" means anyone who receives the Program under this Agreement, including
  25. all Contributors. 2.
  26. GRANT OF RIGHTS
  27. a) Subject to the terms of this Agreement, each Contributor hereby grants
  28. Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce,
  29. prepare derivative works of, publicly display, publicly perform, distribute
  30. and sublicense the Contribution of such Contributor, if any, and such derivative
  31. works, in source code and object code form.
  32. b) Subject to the terms of this Agreement, each Contributor hereby grants
  33. Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
  34. Patents to make, use, sell, offer to sell, import and otherwise transfer the
  35. Contribution of such Contributor, if any, in source code and object code form.
  36. This patent license shall apply to the combination of the Contribution and
  37. the Program if, at the time the Contribution is added by the Contributor,
  38. such addition of the Contribution causes such combination to be covered by
  39. the Licensed Patents. The patent license shall not apply to any other combinations
  40. which include the Contribution. No hardware per se is licensed hereunder.
  41. c) Recipient understands that although each Contributor grants the licenses
  42. to its Contributions set forth herein, no assurances are provided by any Contributor
  43. that the Program does not infringe the patent or other intellectual property
  44. rights of any other entity. Each Contributor disclaims any liability to Recipient
  45. for claims brought by any other entity based on infringement of intellectual
  46. property rights or otherwise. As a condition to exercising the rights and
  47. licenses granted hereunder, each Recipient hereby assumes sole responsibility
  48. to secure any other intellectual property rights needed, if any. For example,
  49. if a third party patent license is required to allow Recipient to distribute
  50. the Program, it is Recipient's responsibility to acquire that license before
  51. distributing the Program.
  52. d) Each Contributor represents that to its knowledge it has sufficient copyright
  53. rights in its Contribution, if any, to grant the copyright license set forth
  54. in this Agreement. 3.
  55. REQUIREMENTS
  56. A Contributor may choose to distribute the Program in object code form under
  57. its own license agreement, provided that:
  58. a) it complies with the terms and conditions of this Agreement; and
  59. b) its license agreement:
  60. i) effectively disclaims on behalf of all Contributors all warranties and
  61. conditions, express and implied, including warranties or conditions of title
  62. and non-infringement, and implied warranties or conditions of merchantability
  63. and fitness for a particular purpose;
  64. ii) effectively excludes on behalf of all Contributors all liability for damages,
  65. including direct, indirect, special, incidental and consequential damages,
  66. such as lost profits;
  67. iii) states that any provisions which differ from this Agreement are offered
  68. by that Contributor alone and not by any other party; and
  69. iv) states that source code for the Program is available from such Contributor,
  70. and informs licensees how to obtain it in a reasonable manner on or through
  71. a medium customarily used for software exchange.
  72. When the Program is made available in source code form:
  73. a) it must be made available under this Agreement; and
  74. b) a copy of this Agreement must be included with each copy of the Program.
  75. Contributors may not remove or alter any copyright notices contained within
  76. the Program.
  77. Each Contributor must identify itself as the originator of its Contribution,
  78. if any, in a manner that reasonably allows subsequent Recipients to identify
  79. the originator of the Contribution. 4.
  80. COMMERCIAL DISTRIBUTION
  81. Commercial distributors of software may accept certain responsibilities with
  82. respect to end users, business partners and the like. While this license is
  83. intended to facilitate the commercial use of the Program, the Contributor
  84. who includes the Program in a commercial product offering should do so in
  85. a manner which does not create potential liability for other Contributors.
  86. Therefore, if a Contributor includes the Program in a commercial product offering,
  87. such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
  88. every other Contributor ("Indemnified Contributor") against any losses, damages
  89. and costs (collectively "Losses") arising from claims, lawsuits and other
  90. legal actions brought by a third party against the Indemnified Contributor
  91. to the extent caused by the acts or omissions of such Commercial Contributor
  92. in connection with its distribution of the Program in a commercial product
  93. offering. The obligations in this section do not apply to any claims or Losses
  94. relating to any actual or alleged intellectual property infringement. In order
  95. to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
  96. Contributor in writing of such claim, and b) allow the Commercial Contributor
  97. to control, and cooperate with the Commercial Contributor in, the defense
  98. and any related settlement negotiations. The Indemnified Contributor may participate
  99. in any such claim at its own expense.
  100. For example, a Contributor might include the Program in a commercial product
  101. offering, Product X. That Contributor is then a Commercial Contributor. If
  102. that Commercial Contributor then makes performance claims, or offers warranties
  103. related to Product X, those performance claims and warranties are such Commercial
  104. Contributor's responsibility alone. Under this section, the Commercial Contributor
  105. would have to defend claims against the other Contributors related to those
  106. performance claims and warranties, and if a court requires any other Contributor
  107. to pay any damages as a result, the Commercial Contributor must pay those
  108. damages. 5.
  109. NO WARRANTY
  110. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON
  111. AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
  112. OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
  113. TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  114. Each Recipient is solely responsible for determining the appropriateness of
  115. using and distributing the Program and assumes all risks associated with its
  116. exercise of rights under this Agreement, including but not limited to the
  117. risks and costs of program errors, compliance with applicable laws, damage
  118. to or loss of data, programs or equipment, and unavailability or interruption
  119. of operations. 6.
  120. DISCLAIMER OF LIABILITY
  121. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
  122. CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
  123. SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
  124. LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
  125. STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
  126. WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
  127. GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.
  128. GENERAL
  129. If any provision of this Agreement is invalid or unenforceable under applicable
  130. law, it shall not affect the validity or enforceability of the remainder of
  131. the terms of this Agreement, and without further action by the parties hereto,
  132. such provision shall be reformed to the minimum extent necessary to make such
  133. provision valid and enforceable.
  134. If Recipient institutes patent litigation against a Contributor with respect
  135. to a patent applicable to software (including a cross-claim or counterclaim
  136. in a lawsuit), then any patent licenses granted by that Contributor to such
  137. Recipient under this Agreement shall terminate as of the date such litigation
  138. is filed. In addition, if Recipient institutes patent litigation against any
  139. entity (including a cross-claim or counterclaim in a lawsuit) alleging that
  140. the Program itself (excluding combinations of the Program with other software
  141. or hardware) infringes such Recipient's patent(s), then such Recipient's rights
  142. granted under Section 2(b) shall terminate as of the date such litigation
  143. is filed.
  144. All Recipient's rights under this Agreement shall terminate if it fails to
  145. comply with any of the material terms or conditions of this Agreement and
  146. does not cure such failure in a reasonable period of time after becoming aware
  147. of such noncompliance. If all Recipient's rights under this Agreement terminate,
  148. Recipient agrees to cease use and distribution of the Program as soon as reasonably
  149. practicable. However, Recipient's obligations under this Agreement and any
  150. licenses granted by Recipient relating to the Program shall continue and survive.
  151. Everyone is permitted to copy and distribute copies of this Agreement, but
  152. in order to avoid inconsistency the Agreement is copyrighted and may only
  153. be modified in the following manner. The Agreement Steward reserves the right
  154. to publish new versions (including revisions) of this Agreement from time
  155. to time. No one other than the Agreement Steward has the right to modify this
  156. Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility
  157. to serve as the Agreement Steward to a suitable separate entity. Each new
  158. version of the Agreement will be given a distinguishing version number. The
  159. Program (including Contributions) may always be distributed subject to the
  160. version of the Agreement under which it was received. In addition, after a
  161. new version of the Agreement is published, Contributor may elect to distribute
  162. the Program (including its Contributions) under the new version. Except as
  163. expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights
  164. or licenses to the intellectual property of any Contributor under this Agreement,
  165. whether expressly, by implication, estoppel or otherwise. All rights in the
  166. Program not expressly granted under this Agreement are reserved.
  167. This Agreement is governed by the laws of the State of New York and the intellectual
  168. property laws of the United States of America. No party to this Agreement
  169. will bring a legal action under this Agreement more than one year after the
  170. cause of action arose. Each party waives its rights to a jury trial in any
  171. resulting litigation.