📄 pkcsconf.msg
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$$$ $Header: /usr/cvs/opencryptoki/usr/lib/pkcs11/methods/pkcsconf/pkcsconf.msg,v 2.0 2002/08/01 18:00:35 sbade-oss Exp $$$$ Common Public License Version 0.5$ THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF$ THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE,$ REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES$ RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.$$ 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.$$ c) Recipient understands that although each$# Contributor grants the licenses to its$ Contributions set forth herein, no assurances are$ provided by any Contributor that the Program does$ not infringe the patent or other intellectual$ property rights of any other entity. Each$ Contributor disclaims any liability to Recipient$ for claims brought by any other entity based on$ infringement of intellectual property rights or$ otherwise. 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REQUIREMENTS$$ 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.$
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