On 27/Aug/2009 09:30, Mark Hindess wrote: > I'd like to apply the appended diff which updates the LICENSE files > with respect to: > > derby - now in the hdk > junit - now in the hdk > liblcms - updated since m10 > libpng - updated since m10 > ICU4J - updated since m10 > > Do any other committers approve this change? > > Regards, > Mark. > > Index: LICENSE > =================================================================== > --- LICENSE (revision 807222) > +++ LICENSE (working copy) > @@ -262,14 +262,14 @@ > > > > -License Notice for ICU4J version 4.0 > -==================================== > +License Notice for ICU4J version 4.2.1 > +====================================== > > ICU4J license - ICU4J 1.8.1 and later > > COPYRIGHT AND PERMISSION NOTICE > > -Copyright (c) 1995-2008 International Business Machines Corporation and > others > +Copyright (c) 1995-2009 International Business Machines Corporation and > others > > All rights reserved. > > @@ -516,7 +516,7 @@ > This distribution may contain software that is based in part on Little cms > for which the following notice applies: > > -Copyright (C) 1998-2004 Marti Maria > +Copyright (c) 1998-2007 Marti Maria Saguer > > Permission is hereby granted, free of charge, to any person obtaining a copy > of this software and associated documentation files (the "Software"), to deal > @@ -546,12 +546,67 @@ > Notice for libpng > =================
Just an observation. The text that follows contains references to various versions. Why not just pick the text that applies to the version we are including? > -This distribution may contain software that is based in part on libpng > v1.2.10 > -for which the following notice applies: > +This distribution may contain software that is based in part on libpng > +v1.2.38 for which the following notice applies: > > -Copyright (c) 2004, 2006 Glenn Randers-Pehrson > +libpng versions 1.2.6, August 15, 2004, through 1.2.38, July 16, 2009, are > +Copyright (c) 2004, 2006-2009 Glenn Randers-Pehrson, and are > +distributed according to the same disclaimer and license as libpng-1.2.5 > +with the following individual added to the list of Contributing Authors: > > + Cosmin Truta > > +libpng versions 1.0.7, July 1, 2000, through 1.2.5, October 3, 2002, are > +Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are > +distributed according to the same disclaimer and license as libpng-1.0.6 > +with the following individuals added to the list of Contributing Authors: > + > + Simon-Pierre Cadieux > + Eric S. Raymond > + Gilles Vollant > + > +and with the following additions to the disclaimer: > + > + There is no warranty against interference with your enjoyment of the > + library or against infringement. There is no warranty that our > + efforts or the library will fulfill any of your particular purposes > + or needs. This library is provided with all faults, and the entire > + risk of satisfactory quality, performance, accuracy, and effort is with > + the user. > + > +libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are > +Copyright (c) 1998, 1999, 2000 Glenn Randers-Pehrson, and are > +distributed according to the same disclaimer and license as libpng-0.96, > +with the following individuals added to the list of Contributing Authors: > + > + Tom Lane > + Glenn Randers-Pehrson > + Willem van Schaik > + > +libpng versions 0.89, June 1996, through 0.96, May 1997, are > +Copyright (c) 1996, 1997 Andreas Dilger > +Distributed according to the same disclaimer and license as libpng-0.88, > +with the following individuals added to the list of Contributing Authors: > + > + John Bowler > + Kevin Bracey > + Sam Bushell > + Magnus Holmgren > + Greg Roelofs > + Tom Tanner > + > +libpng versions 0.5, May 1995, through 0.88, January 1996, are > +Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc. > + > +For the purposes of this copyright and license, "Contributing Authors" > +is defined as the following set of individuals: > + > + Andreas Dilger > + Dave Martindale > + Guy Eric Schalnat > + Paul Schmidt > + Tim Wegner > + > The PNG Reference Library is supplied "AS IS". The Contributing Authors > and Group 42, Inc. disclaim all warranties, expressed or implied, > including, without limitation, the warranties of merchantability and of > @@ -560,13 +615,6 @@ > or consequential damages, which may result from the use of the PNG > Reference Library, even if advised of the possibility of such damage. > > - There is no warranty against interference with your enjoyment of the > - library or against infringement. There is no warranty that our > - efforts or the library will fulfill any of your particular purposes > - or needs. This library is provided with all faults, and the entire > - risk of satisfactory quality, performance, accuracy, and effort is with > - the user. > - > Permission is hereby granted to use, copy, modify, and distribute this > source code, or portions hereof, for any purpose, without fee, subject > to the following restrictions: > @@ -930,3 +978,281 @@ > CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) > ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF > THE POSSIBILITY OF SUCH DAMAGE. > + > + > + > +=============================================================================== > +=============================================================================== > + > + > + > +License notice for Junit > +======================== > + > +This distribution may contain a jar file based on Junit 4.2.1 for > +which the following notice applies: > + > +Copyright 2001-2009 Kent Beck <k...@threeriversinstitute.org> > +Copyright 2000-2009 Erich Gamma <erich_ga...@acm.org> > +Copyright 2006-2009 David Saff <da...@saff.net> > + > + Common Public License - v 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. > + > + > + > +=============================================================================== > +=============================================================================== > + > + > + > +This distribution may contain a jar file based on Apache Derby which > +is covered by the Apache License and for which the following notice > +applies: > + > +Apache Derby > +Copyright 2004-2007 The Apache Software Foundation > + > +This product includes software developed by > +The Apache Software Foundation (http://www.apache.org/). > + > +Portions of Derby were originally developed by > +International Business Machines Corporation and are > +licensed to the Apache Software Foundation under the > +"Software Grant and Corporate Contribution License Agreement", > +informally known as the "Derby CLA". > +The following copyright notice(s) were affixed to portions of the code > +with which this file is now or was at one time distributed > +and are placed here unaltered. > + > +(C) Copyright 1997,2004 International Business Machines Corporation. > +All rights reserved. > + > +(C) Copyright IBM Corp. 2003. > + > +The portion of the functionTests under 'nist' was originally > +developed by the National Institute of Standards and Technology (NIST), > +an agency of the United States Department of Commerce, and adapted by > +International Business Machines Corporation in accordance with the NIST > +Software Acknowledgment and Redistribution document at > +http://www.itl.nist.gov/div897/ctg/sql_form.htm > + > + > + > +=============================================================================== > +=============================================================================== > Index: working_classlib/LICENSE > =================================================================== > --- working_classlib/LICENSE (revision 807222) > +++ working_classlib/LICENSE (working copy) > @@ -216,14 +216,14 @@ > > > > -License Notice for ICU4J version 4.0 > -==================================== > +License Notice for ICU4J version 4.2.1 > +====================================== > > ICU4J license - ICU4J 1.8.1 and later > > COPYRIGHT AND PERMISSION NOTICE > > -Copyright (c) 1995-2008 International Business Machines Corporation and > others > +Copyright (c) 1995-2009 International Business Machines Corporation and > others > > All rights reserved. > > @@ -470,7 +470,7 @@ > This distribution may contain software that is based in part on Little cms > for which the following notice applies: > > -Copyright (C) 1998-2004 Marti Maria > +Copyright (c) 1998-2007 Marti Maria Saguer > > Permission is hereby granted, free of charge, to any person obtaining a copy > of this software and associated documentation files (the "Software"), to deal > @@ -500,12 +500,67 @@ > Notice for libpng > ================= > > -This distribution may contain software that is based in part on libpng > v1.2.10 > -for which the following notice applies: > +This distribution may contain software that is based in part on libpng > +v1.2.38 for which the following notice applies: > > -Copyright (c) 2004, 2006 Glenn Randers-Pehrson > +libpng versions 1.2.6, August 15, 2004, through 1.2.38, July 16, 2009, are > +Copyright (c) 2004, 2006-2009 Glenn Randers-Pehrson, and are > +distributed according to the same disclaimer and license as libpng-1.2.5 > +with the following individual added to the list of Contributing Authors: > > + Cosmin Truta > > +libpng versions 1.0.7, July 1, 2000, through 1.2.5, October 3, 2002, are > +Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are > +distributed according to the same disclaimer and license as libpng-1.0.6 > +with the following individuals added to the list of Contributing Authors: > + > + Simon-Pierre Cadieux > + Eric S. Raymond > + Gilles Vollant > + > +and with the following additions to the disclaimer: > + > + There is no warranty against interference with your enjoyment of the > + library or against infringement. There is no warranty that our > + efforts or the library will fulfill any of your particular purposes > + or needs. This library is provided with all faults, and the entire > + risk of satisfactory quality, performance, accuracy, and effort is with > + the user. > + > +libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are > +Copyright (c) 1998, 1999, 2000 Glenn Randers-Pehrson, and are > +distributed according to the same disclaimer and license as libpng-0.96, > +with the following individuals added to the list of Contributing Authors: > + > + Tom Lane > + Glenn Randers-Pehrson > + Willem van Schaik > + > +libpng versions 0.89, June 1996, through 0.96, May 1997, are > +Copyright (c) 1996, 1997 Andreas Dilger > +Distributed according to the same disclaimer and license as libpng-0.88, > +with the following individuals added to the list of Contributing Authors: > + > + John Bowler > + Kevin Bracey > + Sam Bushell > + Magnus Holmgren > + Greg Roelofs > + Tom Tanner > + > +libpng versions 0.5, May 1995, through 0.88, January 1996, are > +Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc. > + > +For the purposes of this copyright and license, "Contributing Authors" > +is defined as the following set of individuals: > + > + Andreas Dilger > + Dave Martindale > + Guy Eric Schalnat > + Paul Schmidt > + Tim Wegner > + > The PNG Reference Library is supplied "AS IS". The Contributing Authors > and Group 42, Inc. disclaim all warranties, expressed or implied, > including, without limitation, the warranties of merchantability and of > @@ -514,13 +569,6 @@ > or consequential damages, which may result from the use of the PNG > Reference Library, even if advised of the possibility of such damage. > > - There is no warranty against interference with your enjoyment of the > - library or against infringement. There is no warranty that our > - efforts or the library will fulfill any of your particular purposes > - or needs. This library is provided with all faults, and the entire > - risk of satisfactory quality, performance, accuracy, and effort is with > - the user. > - > Permission is hereby granted to use, copy, modify, and distribute this > source code, or portions hereof, for any purpose, without fee, subject > to the following restrictions: > @@ -884,3 +932,281 @@ > CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) > ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF > THE POSSIBILITY OF SUCH DAMAGE. > + > + > + > +=============================================================================== > +=============================================================================== > + > + > + > +License notice for Junit > +======================== > + > +This distribution may contain a jar file based on Junit 4.2.1 for > +which the following notice applies: > + > +Copyright 2001-2009 Kent Beck <k...@threeriversinstitute.org> > +Copyright 2000-2009 Erich Gamma <erich_ga...@acm.org> > +Copyright 2006-2009 David Saff <da...@saff.net> > + > + Common Public License - v 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. > + > + > + > +=============================================================================== > +=============================================================================== > + > + > + > +This distribution may contain a jar file based on Apache Derby which > +is covered by the Apache License and for which the following notice > +applies: > + > +Apache Derby > +Copyright 2004-2007 The Apache Software Foundation > + > +This product includes software developed by > +The Apache Software Foundation (http://www.apache.org/). > + > +Portions of Derby were originally developed by > +International Business Machines Corporation and are > +licensed to the Apache Software Foundation under the > +"Software Grant and Corporate Contribution License Agreement", > +informally known as the "Derby CLA". > +The following copyright notice(s) were affixed to portions of the code > +with which this file is now or was at one time distributed > +and are placed here unaltered. > + > +(C) Copyright 1997,2004 International Business Machines Corporation. > +All rights reserved. > + > +(C) Copyright IBM Corp. 2003. > + > +The portion of the functionTests under 'nist' was originally > +developed by the National Institute of Standards and Technology (NIST), > +an agency of the United States Department of Commerce, and adapted by > +International Business Machines Corporation in accordance with the NIST > +Software Acknowledgment and Redistribution document at > +http://www.itl.nist.gov/div897/ctg/sql_form.htm > + > + > + > +=============================================================================== > +=============================================================================== Since this came from Derby's NOTICE file, shouldn't it be in our NOTICE file rather than our LICENSE file? Regards, Tim