lucene/sandbox/projects/appex/legal/LICENSE.junit

IBM Public License Version 1.0 
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 <20> {date here}, 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.