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diff --git a/abs/core-testing/licenses/cpl-1.0.txt b/abs/core-testing/licenses/cpl-1.0.txt deleted file mode 100644 index c48081b..0000000 --- a/abs/core-testing/licenses/cpl-1.0.txt +++ /dev/null @@ -1,217 +0,0 @@ -Common Public License Version 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 -"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. - -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. |