source: ccr/trunk/nhin-vista/projects/NHINC/Current/ThirdParty/XStream/junit-license.txt@ 674

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.