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diff --git a/licenses/opendx b/licenses/opendx deleted file mode 100644 index 3362f6982a87..000000000000 --- a/licenses/opendx +++ /dev/null @@ -1,224 +0,0 @@ -IBM PUBLIC LICENSE - Open Visualization Data Explorer 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) any additions to the Program that are distributed in - conjunction with the Program under this Agreement; - 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 made or 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 those claims of patents licensable by a -Contributor which are necessarily infringed by each Contribution that -both originates from and is distributed by that particular -Contributor, if any, as well as claims of patents licensable by a -Contributor which are necessarily infringed by the Contributor's -Contribution 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 the entity that 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, distribute, - publicly display, publicly perform and sublicense the Contribution - of such Contributor, if any, 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. The patent license - shall not apply to the combination of the Contribution with any - other software except that it shall apply to the combination of the - Contribution and the Program where, at the time the Contribution is - added, the addition of the Contribution causes the combination of - the Contribution and the Program to be covered by the Licensed - Patents. Nor shall any machine, apparatus or other hardware be - 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 precedent 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: - - (C) Copyright 1989, 1999 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 - -This Agreement does not prohibit any Contributor from including the -Program in a commercial product offering (including distribution in -object code form under a license agreement other than this Agreement), -provided that such Contributor ("Commercial Contributor") hereby -agrees to indemnify, defend and hold every other Contributor -("Indemnified Contributor") harmless from and against any losses, -damages, expenses (including reasonable attorneys' fees) and costs -(collectively "Losses") arising from claims, lawsuits and other legal -actions brought against the Indemnified Contributor to the extent -caused by the terms, conditions, acts or omissions of such Commercial -Contributor in connection with its distribution of the Program in a -commercial product offering, excluding any Losses arising from -intellectual property claims relating to the Program, provided that -any Indemnified Contributor: a) promptly notifies the Commercial -Contributor in writing of such claim, and b) allows the Commercial -Contributor to control, and cooperates with the Commercial Contributor -in, the defense and any related settlement negotiations. The -Indemnified Contributor shall have the right to participate at its own -expense. - -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, 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 effect 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 the 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 non-compliance. 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. Recipient -agrees to comply with all applicable laws, rules and regulations, -including without limitation all export and import laws, rules and -regulations. |