scuffed-code/icu4c/license.html

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<b>
<p ALIGN="CENTER"><big>IBM PUBLIC LICENSE - IBM&#146;s Classes for Unicode VERSION 1.4</big></p>
1999-08-16 21:50:52 +00:00
</b><font size="2">
<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC LICENSE
(&quot;AGREEMENT&quot;). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
RECIPIENT&#146;S ACCEPTANCE OF THIS AGREEMENT.</p>
<b>
<p>1. DEFINITIONS</p>
</b>
<p>&quot;Contribution&quot; means: </p>
<blockquote>
<blockquote>
<p>a) in the case of International Business Machines Corporation (&quot;IBM&quot;), the
Original Program, and </p>
<p>b) in the case of each Contributor, </p>
<blockquote>
<p>i) changes to the Program, and</p>
<p>ii) additions to the Program;</p>
</blockquote>
</blockquote>
<p>where such changes and/or additions to the Program originate from and are distributed
by that particular Contributor. A Contribution &#145;originates&#146; from a Contributor
if it was added to the Program by such Contributor itself or anyone acting on such
Contributor&#146;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.</p>
</blockquote>
<p>&quot;Contributor&quot; means IBM and any other entity that distributes the Program.</p>
<p>&quot;Licensed Patents &quot; 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. </p>
<p>&quot;Original Program&quot; means the original version of the software accompanying
this Agreement as released by IBM, including source code, object code and documentation,
if any.</p>
<p>&quot;Program&quot; means the Original Program and Contributions.</p>
<p>&quot;Recipient&quot; means anyone who receives the Program under this Agreement,
including all Contributors.</p>
<b>
<p>2. GRANT OF RIGHTS</p>
<blockquote>
<blockquote>
</b><p>a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient
a non-exclusive, worldwide, royalty-free copyright license to<font COLOR="#ff0000"> </font>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.</p>
<p>b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a
non-exclusive, worldwide,<font COLOR="#008000"> </font>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. </p>
<p>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&#146;s responsibility to acquire that license
before distributing the Program.</p>
<p>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. </p>
</blockquote>
</blockquote>
<b>
<p>3. REQUIREMENTS</p>
</b>
<p>A Contributor may choose to distribute the Program in object code form under its own
license agreement, provided that:</p>
<blockquote>
<blockquote>
<p>a) it complies with the terms and conditions of this Agreement; and</p>
<p>b) its license agreement:</p>
<blockquote>
<p>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; </p>
<p>ii) effectively excludes on behalf of all Contributors all liability for damages,
including direct, indirect, special, incidental and consequential damages, such as lost
profits; </p>
<p>iii) states that any provisions which differ from this Agreement are offered by that
Contributor alone and not by any other party; and</p>
<p>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.<font COLOR="#0000ff"> </p>
</font>
</blockquote>
</blockquote>
</blockquote>
<p>When the Program is made available in source code form:</p>
<blockquote>
<blockquote>
<p>a) it must be made available under this Agreement; and </p>
<p>b) a copy of this Agreement must be included with each copy of the Program. </p>
<font COLOR="#0000ff"><strike>
</blockquote>
</blockquote>
</strike></font>
<p>Each Contributor must include the following in a conspicuous location in the Program: </p>
<blockquote>
<p>Copyright <font FACE="Times New Roman"><EFBFBD></font><font COLOR="#ff0000"> </font>1999,
International Business Machines Corporation and others. All Rights Reserved. </p>
</blockquote>
<p>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. </p>
<b>
<p>4. COMMERCIAL DISTRIBUTION</p>
</b>
<p>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 (&quot;Commercial Contributor&quot;) hereby
agrees to defend and indemnify every other Contributor (&quot;Indemnified
Contributor&quot;) against any losses, damages and costs (collectively &quot;Losses&quot;)
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.</p>
<p>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&#146;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.</p>
<b>
<p>5. NO WARRANTY</p>
</b>
<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN &quot;AS
IS&quot; 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. </p>
<b>
<p>6. DISCLAIMER OF LIABILITY</p>
</b>
<p>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.</p>
<b>
<p>7. GENERAL</p>
</b>
<p>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.</p>
<p>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&#146;s patent(s), then such
Recipient&#146;s rights granted under Section 2(b) shall terminate as of the date such
litigation is filed. </p>
<p>All Recipient&#146;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&#146;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. </p>
<p>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.</p>
<p>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. </p>
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