mirror of
https://github.com/zxing/zxing.git
synced 2024-11-13 14:34:08 -08:00
eb2fa80eaf
git-svn-id: https://zxing.googlecode.com/svn/trunk@191 59b500cc-1b3d-0410-9834-0bbf25fbcc57
262 lines
15 KiB
HTML
262 lines
15 KiB
HTML
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0//EN">
|
|
<HTML>
|
|
<HEAD>
|
|
<TITLE>Common Public License - v 1.0</TITLE>
|
|
<meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1">
|
|
</HEAD>
|
|
|
|
<BODY BGCOLOR="#FFFFFF" VLINK="#800000">
|
|
|
|
|
|
<P ALIGN="CENTER"><B>Common Public License - v 1.0</B>
|
|
|
|
<P><B></B><FONT SIZE="3"></FONT>
|
|
|
|
<P><FONT SIZE="3"></FONT><FONT SIZE="2">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.</FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2"><B>1. DEFINITIONS</B></FONT>
|
|
|
|
<P><FONT SIZE="2">"Contribution" means:</FONT>
|
|
|
|
<UL><FONT SIZE="2">a) in the case of the initial Contributor, the initial code and documentation distributed under this
|
|
Agreement, and<BR CLEAR="LEFT">
|
|
b) in the case of each subsequent Contributor:</FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2">i) changes to the Program, and</FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2">ii) additions to the Program;</FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2">where such changes and/or additions to the Program originate from and are distributed by that
|
|
particular Contributor. </FONT><FONT SIZE="2">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. </FONT><FONT SIZE="2">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. </FONT></UL>
|
|
|
|
<P><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2">"Contributor" means any person or entity that distributes the Program.</FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2">"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. </FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT><FONT SIZE="2">"Program" means the Contributions distributed in accordance with this
|
|
Agreement.</FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2">"Recipient" means anyone who receives the Program under this Agreement, including all
|
|
Contributors.</FONT>
|
|
|
|
<P><FONT SIZE="2"><B></B></FONT>
|
|
|
|
<P><FONT SIZE="2"><B>2. GRANT OF RIGHTS</B></FONT>
|
|
|
|
<UL><FONT SIZE="2"></FONT><FONT SIZE="2">a) </FONT><FONT SIZE="2">Subject to the terms of this Agreement, each
|
|
Contributor hereby grants</FONT><FONT SIZE="2"> Recipient a non-exclusive, worldwide, royalty-free copyright license
|
|
to</FONT><FONT SIZE="2" COLOR="#FF0000"> </FONT><FONT SIZE="2">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.</FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2"></FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2"></FONT><FONT SIZE="2">b) Subject to the terms of this Agreement, each Contributor hereby
|
|
grants </FONT><FONT SIZE="2">Recipient a non-exclusive, worldwide,</FONT><FONT SIZE="2" COLOR="#008000"> </FONT><FONT
|
|
SIZE="2">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. </FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2"></FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2">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.</FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2"></FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2">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. </FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2"></FONT></UL>
|
|
|
|
<P><FONT SIZE="2"><B>3. REQUIREMENTS</B></FONT>
|
|
|
|
<P><FONT SIZE="2"><B></B>A Contributor may choose to distribute the Program in object code form under its own license
|
|
agreement, provided that:</FONT>
|
|
|
|
<UL><FONT SIZE="2">a) it complies with the terms and conditions of this Agreement; and</FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2">b) its license agreement:</FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2">i) effectively disclaims</FONT><FONT SIZE="2"> 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; </FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2">ii) effectively excludes on behalf of all Contributors all liability for damages, including direct,
|
|
indirect, special, incidental and consequential damages, such as lost profits; </FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2">iii)</FONT><FONT SIZE="2"> states that any provisions which differ from this Agreement are offered by
|
|
that Contributor alone and not by any other party; and</FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2">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><FONT
|
|
SIZE="2" COLOR="#0000FF"> </FONT><FONT SIZE="2" COLOR="#FF0000"></FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2" COLOR="#FF0000"></FONT><FONT SIZE="2"></FONT></UL>
|
|
|
|
<P><FONT SIZE="2">When the Program is made available in source code form:</FONT>
|
|
|
|
<UL><FONT SIZE="2">a) it must be made available under this Agreement; and </FONT></UL>
|
|
|
|
|
|
<UL><FONT SIZE="2">b) a copy of this Agreement must be included with each copy of the Program. </FONT></UL>
|
|
|
|
<P><FONT SIZE="2"></FONT><FONT SIZE="2" COLOR="#0000FF"><STRIKE></STRIKE></FONT>
|
|
|
|
<P><FONT SIZE="2" COLOR="#0000FF"><STRIKE></STRIKE></FONT><FONT SIZE="2">Contributors may not remove or alter any
|
|
copyright notices contained within the Program. </FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2">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. </FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2"><B>4. COMMERCIAL DISTRIBUTION</B></FONT>
|
|
|
|
<P><FONT SIZE="2">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.</FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2">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.</FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT><FONT SIZE="2" COLOR="#0000FF"></FONT>
|
|
|
|
<P><FONT SIZE="2" COLOR="#0000FF"></FONT><FONT SIZE="2"><B>5. NO WARRANTY</B></FONT>
|
|
|
|
<P><FONT SIZE="2">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</FONT><FONT SIZE="2"> solely responsible for determining the appropriateness of using and distributing </FONT><FONT
|
|
SIZE="2">the Program</FONT><FONT SIZE="2"> and assumes all risks associated with its exercise of rights under this
|
|
Agreement</FONT><FONT SIZE="2">, including but not limited to the risks and costs of program errors, compliance with
|
|
applicable laws, damage to or loss of data, </FONT><FONT SIZE="2">programs or equipment, and unavailability or
|
|
interruption of operations</FONT><FONT SIZE="2">. </FONT><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT><FONT SIZE="2"><B>6. DISCLAIMER OF LIABILITY</B></FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT><FONT SIZE="2">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 </FONT><FONT SIZE="2">(INCLUDING WITHOUT LIMITATION LOST PROFITS),</FONT><FONT SIZE="2"> 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.</FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2"><B>7. GENERAL</B></FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT><FONT SIZE="2">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.</FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2">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. </FONT><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2">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. </FONT><FONT
|
|
SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT><FONT SIZE="2">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 </FONT><FONT SIZE="2">publish new versions (including revisions) of this
|
|
Agreement from time to </FONT><FONT SIZE="2">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. </FONT><FONT SIZE="2">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 </FONT><FONT SIZE="2">version. </FONT><FONT
|
|
SIZE="2">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, </FONT><FONT SIZE="2">by
|
|
implication, estoppel or otherwise</FONT><FONT SIZE="2">.</FONT><FONT SIZE="2"> All rights in the Program not
|
|
expressly granted under this Agreement are reserved.</FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2">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.</FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT><FONT SIZE="2"></FONT>
|
|
|
|
<P><FONT SIZE="2"></FONT>
|
|
|
|
</BODY>
|
|
|
|
</HTML> |