Scilab Home Page | Wiki | Bug Tracker | Forge | Mailing List Archives | Scilab Online Help | File Exchange
ATOMS : Licenses
Please login or create an account
http://www.ibm.com/developerworks/library/os-cpl.html

Eclipse Foundation CPL
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.
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.


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.


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.


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. 


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.


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.


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.