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|
||||
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.
|
||||
|
||||
The International Components for Unicode library (http://site.icu-project.org/)
|
||||
|
||||
ICU License - ICU 1.8.1 and later
|
||||
|
||||
COPYRIGHT AND PERMISSION NOTICE
|
||||
|
||||
Copyright (c) 1995-2009 International Business Machines Corporation and others
|
||||
|
||||
All rights reserved.
|
||||
|
||||
Permission is hereby granted, free of charge, to any person obtaining
|
||||
a copy of this software and associated documentation files (the "Software"),
|
||||
to deal in the Software without restriction, including without limitation
|
||||
the rights to use, copy, modify, merge, publish, distribute, and/or sell
|
||||
copies of the Software, and to permit persons to whom the Software is
|
||||
furnished to do so, provided that the above copyright notice(s) and this
|
||||
permission notice appear in all copies of the Software and that both the
|
||||
above copyright notice(s) and this permission notice appear in supporting
|
||||
documentation.
|
||||
|
||||
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
|
||||
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
|
||||
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
|
||||
IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE
|
||||
BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES,
|
||||
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
|
||||
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
|
||||
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
|
||||
|
||||
Except as contained in this notice, the name of a copyright holder shall
|
||||
not be used in advertising or otherwise to promote the sale, use or other
|
||||
dealings in this Software without prior written authorization of the
|
||||
copyright holder.
|
||||
|
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Reference in new issue