key: cpl-1.0 short_name: CPL 1.0 name: Common Public License 1.0 category: Copyleft Limited owner: IBM homepage_url: http://www.eclipse.org/legal/cpl-v10.html notes: Per SPDX.org, this license was superseded by Eclipse Public License spdx_license_key: CPL-1.0 osi_license_key: CPL-1.0 text_urls: - http://www.eclipse.org/legal/cpl-v10.html osi_url: http://www.opensource.org/licenses/cpl1.0.php faq_url: http://web.archive.org/web/20101104092121/http://www.ibm.com/developerworks/library/os-cplfaq.html other_urls: - http://dev.eclipse.org/blogs/mike/2009/04/16/one-small-step-towards-reducing-license-proliferation/ - http://opensource.org/licenses/CPL-1.0 - http://www.ibm.com/developerworks/library/os-cpl.html - http://www.ibm.com/developerworks/library/os-cplfaq.html - http://www.padsproj.org/License.html - https://opensource.org/licenses/CPL-1.0 text: "Common Public License - v 1.0\n\nUpdated 16 Apr 2009\n\nAs of 25 Feb 2009, IBM has assigned\ \ the Agreement Steward role for the CPL to the Eclipse Foundation. Eclipse has designated\ \ the Eclipse Public License (EPL) as the follow-on version of the CPL.\n\nTHE 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.\n\ \n\n1. DEFINITIONS\n\n\"Contribution\" means:\n\na) in the case of the initial Contributor,\ \ the initial code and documentation distributed under this Agreement, and\nb) in the case\ \ of each subsequent Contributor:\ni)\t changes to the Program, and\nii)\t additions to the\ \ Program;\nwhere 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.\n\n\"Contributor\" means any person or\ \ entity that distributes the Program.\n\n\n\"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.\n\n\n\"Program\" means the Contributions distributed\ \ in accordance with this Agreement.\n\n\n\"Recipient\" means anyone who receives the Program\ \ under this Agreement, including all Contributors.\n\n\n2. GRANT OF RIGHTS\n\na)\tSubject\ \ 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.\nb) 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.\nc)\tRecipient 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.\nd)\tEach 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.\n\ 3. REQUIREMENTS\n\nA Contributor may choose to distribute the Program in object code form\ \ under its own license agreement, provided that:\n\na)\tit complies with the terms and conditions\ \ of this Agreement; and\nb)\tits license agreement:\ni)\teffectively 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;\nii) effectively excludes on behalf of all Contributors\ \ all liability for damages, including direct, indirect, special, incidental and consequential\ \ damages, such as lost profits;\niii)\tstates that any provisions which differ from this\ \ Agreement are offered by that Contributor alone and not by any other party; and\niv)\tstates\ \ 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.\nWhen the Program is made available in source code form:\n\na)\tit must be made\ \ available under this Agreement; and\nb)\ta copy of this Agreement must be included with\ \ each copy of the Program.\n\nContributors may not remove or alter any copyright notices\ \ contained within the Program.\n\n\nEach 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.\n\n\n4. COMMERCIAL DISTRIBUTION\n\nCommercial\ \ 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.\n\n\nFor 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.\n\n\n5. NO WARRANTY\n\n\ 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.\n\n\n6. DISCLAIMER OF LIABILITY\n\ \nEXCEPT 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.\n\n\n7. GENERAL\n\ \nIf 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.\n\n\nIf 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.\n\n\nAll 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.\n\n\nEveryone 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.\n\n\nThis 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."