LICENSE.junit

From http://oss.software.ibm.com/developerworks/oss/license-cpl.html

  IBM developerWorks : Open source projects

  Common Public License Version 0.5

  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.