File: fbiterm.copyright

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iterm 0.5-3.2
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This package, fbiterm, as part of iterm, was debianized by
Anthony Fok <foka@debian.org> on Fri, 16 Aug 2002 22:51:42 +0800.

It was downloaded from
    http://www-124.ibm.com/developerworks/oss/linux/projects/iterm/releases/iterm-0.5.tar.gz
    cvs -d:pserver:anonymous@cvs.li18nux.org:/cvsroot co iterm

Upstream Authors:
    Masahide WASHIZAWA <washi@yamato.ibm.com>
    Jiro SEKIBA <jir@yamato.ibm.com>
    OpenI18N Advanced Level Utility Development Subgroup

Copyright:

 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. 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.