TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE
IBM Rational Team Concert Express Edition for Power Systems
Software V2.0
The IBM license agreement and any applicable information on
the web
download page for IBM products refers Licensee to this file
for details
concerning terms and conditions applicable to code
identified as
Separately Licensed Code in the License Information
document and
included in the products listed above ("the Program").
The "Separately Licensed Code" identified in the License
Information
document of the IBM license agreement is provided to
Licensee under terms
and conditions that are different from the IBM license
agreement.
Licensee's use of such components or portions thereof is
subject to the
terms of the associated license agreement provided or
referenced in this
section and not the terms of the IBM license agreement.
Please note: This NON_IBM_LICENSE file may identify
Separately Licensed
Code and its related agreements that are not used by, or
that were not
shipped with, the Program as Licensee installed it.
The following are Separately Licensed Code:
JUnit 3.8.1
Eclipse Public License -v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF
THIS ECLIPSE 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 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. The Eclipse Foundation is the initial Agreement Steward.
The Eclipse Foundation 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.
END OF ECLIPSE PUBLIC LICENSE
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