Index: third_party/junit/LICENSE |
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+JUnit |
+ |
+Common Public License - v 1.0 |
+ |
+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 |
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+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 |
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+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 |
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+in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to |
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+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. |
+ |