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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND | |
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, | |
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF | |
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE | |
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR | |
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, | |
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT | |
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF | |
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF | |
THE POSSIBILITY OF SUCH DAMAGE. | |
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This product contains htmlparser libraries (http://htmlparser.sourceforge.net/), | |
licensed under the Common Public License. | |
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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