Junit 4.4 Common Public License - V 1.0 - Novell ZENWORKS NETWORK ACCESS CONTROL 5.0 - 09-22-2008 User Manual

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G.2.8 Junit 4.4 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,
Licenses 479

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