ksh93.license revision 2555
1. The following files are available in source code form under the Common
Public License at: http://www2.research.att.com/~astopen/download. (The CPL
license is reproduced below).
2. All past Contributors to the Korn Shell 93 (ksh 93) disclaim 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. In addition, such
Contributors are not liable for any damages, including direct, indirect,
special, incidental and consequential damages, such as lost profits.
3. Any provisions of the Oracle license agreement that differ from the Common
Public License are offered by Oracle alone and not by any other party.
4. Oracle has modified the following files: lib/package/ast-base.pkg
5. These files are licensed in executable form under your Oracle license
agreement. Oracle is solely responsible for any representations and warranties
contained therein.
6. Reproduce the CPL as follows:
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.