Licenses:CPL - ArchWiki

# Licenses:CPL

For quick reference, the text of the Common Public License (CPL) as distributed with Arch Linux:

    Common Public License Version 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.

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