TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE
IBM Mobile Application Platform Pattern, Enterprise Edition
V5.0.6
IBM Mobile Application Platform Pattern, Consumer Edition
V5.0.6
IBM Mobile Application Platform Pattern, Enterprise
Edition, for Non-Production Environment V5.0.6
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Please note: This NON_IBM_LICENSE file may identify
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The following are Separately Licensed Code:
Android Robot (graphic)
android_device.png
android.png
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF
THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE
WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY
USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR
COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU
ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE
EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE
LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF
YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
a."Adaptation" means a work based upon the Work, or upon
the Work and other pre-existing works, such as a translation,
adaptation, derivative work, arrangement of music or other alterations
of a literary or artistic work, or phonogram or performance
and includes cinematographic adaptations or any other form in
which the Work may be recast, transformed, or adapted including
in any form recognizably derived from the original, except
that a work that constitutes a Collection will not be considered
an Adaptation for the purpose of this License. For the
avoidance of doubt, where the Work is a musical work, performance or
phonogram, the synchronization of the Work in timed-relation with a
moving image ("synching") will be considered an Adaptation for the
purpose of this License.
b."Collection" means a collection of literary or artistic
works, such as encyclopedias and anthologies, or performances,
phonograms or broadcasts, or other works or subject matter other than
works listed in Section 1(f) below, which, by reason of the
selection and arrangement of their contents, constitute intellectual
creations, in which the Work is included in its entirety in unmodified
form along with one or more other contributions, each
constituting separate and independent works in themselves, which
together are assembled into a collective whole. A work that
constitutes a Collection will not be considered an Adaptation (as
defined above) for the purposes of this License.
c."Distribute" means to make available to the public the
original and copies of the Work or Adaptation, as appropriate,
through sale or other transfer of ownership.
d."Licensor" means the individual, individuals, entity or
entities that offer(s) the Work under the terms of this License.
e."Original Author" means, in the case of a literary or
artistic work, the individual, individuals, entity or entities who
created the Work or if no individual or entity can be identified,
the publisher; and in addition (i) in the case of a performance
the actors, singers, musicians, dancers, and other persons who
act, sing, deliver, declaim, play in, interpret or otherwise
perform literary or artistic works or expressions of folklore; (ii)
in the case of a phonogram the producer being the person or
legal entity who first fixes the sounds of a performance or other
sounds; and, (iii) in the case of broadcasts, the organization that
transmits the broadcast.
f."Work" means the literary and/or artistic work offered
under the terms of this License including without limitation any
production in the literary, scientific and artistic domain, whatever
may be the mode or form of its expression including digital
form, such as a book, pamphlet and other writing; a lecture,
address, sermon or other work of the same nature; a dramatic or
dramatico-musical work; a choreographic work or entertainment in dumb
show; a musical composition with or without words; a
cinematographic work to which are assimilated works expressed by a process
analogous to cinematography; a work of drawing, painting,
architecture, sculpture, engraving or lithography; a photographic work to
which are assimilated works expressed by a process analogous to
photography; a work of applied art; an illustration, map, plan, sketch
or three-dimensional work relative to geography, topography,
architecture or science; a performance; a broadcast; a phonogram; a
compilation of data to the extent it is protected as a copyrightable
work; or a work performed by a variety or circus performer to the
extent it is not otherwise considered a literary or artistic work.
g."You" means an individual or entity exercising rights
under this License who has not previously violated the terms of
this License with respect to the Work, or who has received
express permission from the Licensor to exercise rights under this
License despite a previous violation.
h."Publicly Perform" means to perform public recitations of
the Work and to communicate to the public those public
recitations, by any means or process, including by wire or wireless
means or public digital performances; to make available to the
public Works in such a way that members of the public may access
these Works from a place and at a place individually chosen by
them; to perform the Work to the public by any means or process
and the communication to the public of the performances of the
Work, including by public digital performance; to broadcast and
rebroadcast the Work by any means including signs, sounds or images.
i."Reproduce" means to make copies of the Work by any means
including without limitation by sound or visual recordings and the
right of fixation and reproducing fixations of the Work,
including storage of a protected performance or phonogram in digital
form or other electronic medium.
2. Fair Dealing Rights. Nothing in this License is intended
to reduce, limit, or restrict any uses free from copyright or
rights arising from limitations or exceptions that are provided
for in connection with the copyright protection under copyright
law or other applicable laws.
3. License Grant. Subject to the terms and conditions of
this License, Licensor hereby grants You a worldwide, royalty-
free, non-exclusive, perpetual (for the duration of the
applicable copyright) license to exercise the rights in the Work as
stated below:
a.to Reproduce the Work, to incorporate the Work into one
or more Collections, and to Reproduce the Work as incorporated
in the Collections;
b.to create and Reproduce Adaptations provided that any
such Adaptation, including any translation in any medium, takes
reasonable steps to clearly label, demarcate or otherwise identify
that changes were made to the original Work. For example, a
translation could be marked "The original work was translated from
English to Spanish," or a modification could indicate "The original
work has been modified.";
c.to Distribute and Publicly Perform the Work including as
incorporated in Collections; and,
d.to Distribute and Publicly Perform Adaptations.
e.For the avoidance of doubt:
i.Non-waivable Compulsory License Schemes. In those
jurisdictions in which the right to collect royalties through any
statutory or compulsory licensing scheme cannot be waived, the
Licensor reserves the exclusive right to collect such royalties for
any exercise by You of the rights granted under this License;
ii.Waivable Compulsory License Schemes. In those
jurisdictions in which the right to collect royalties through any
statutory or compulsory licensing scheme can be waived, the Licensor
waives the exclusive right to collect such royalties for any
exercise by You of the rights granted under this License; and,
iii.Voluntary License Schemes. The Licensor waives the
right to collect royalties, whether individually or, in the event
that the Licensor is a member of a collecting society that
administers voluntary licensing schemes, via that society, from any
exercise by You of the rights granted under this License.
The above rights may be exercised in all media and formats
whether now known or hereafter devised. The above rights include
the right to make such modifications as are technically
necessary to exercise the rights in other media and formats. Subject
to Section 8(f), all rights not expressly granted by Licensor
are hereby reserved.
4. Restrictions. The license granted in Section 3 above is
expressly made subject to and limited by the following restrictions:
a.You may Distribute or Publicly Perform the Work only
under the terms of this License. You must include a copy of, or
the Uniform Resource Identifier (URI) for, this License with
every copy of the Work You Distribute or Publicly Perform. You
may not offer or impose any terms on the Work that restrict the
terms of this License or the ability of the recipient of the Work
to exercise the rights granted to that recipient under the
terms of the License. You may not sublicense the Work. You must
keep intact all notices that refer to this License and to the
disclaimer of warranties with every copy of the Work You Distribute or
Publicly Perform. When You Distribute or Publicly Perform the Work,
You may not impose any effective technological measures on the
Work that restrict the ability of a recipient of the Work from
You to exercise the rights granted to that recipient under the
terms of the License. This Section 4(a) applies to the Work as
incorporated in a Collection, but this does not require the Collection
apart from the Work itself to be made subject to the terms of
this License. If You create a Collection, upon notice from any
Licensor You must, to the extent practicable, remove from the
Collection any credit as required by Section 4(b), as requested. If
You create an Adaptation, upon notice from any Licensor You
must, to the extent practicable, remove from the Adaptation any
credit as required by Section 4(b), as requested.
b.If You Distribute, or Publicly Perform the Work or any
Adaptations or Collections, You must, unless a request has been made
pursuant to Section 4(a), keep intact all copyright notices for the
Work and provide, reasonable to the medium or means You are
utilizing: (i) the name of the Original Author (or pseudonym, if
applicable) if supplied, and/or if the Original Author and/or Licensor
designate another party or parties (e.g., a sponsor institute,
publishing entity, journal) for attribution ("Attribution Parties") in
Licensor's copyright notice, terms of service or by other reasonable
means, the name of such party or parties; (ii) the title of the
Work if supplied; (iii) to the extent reasonably practicable,
the URI, if any, that Licensor specifies to be associated with
the Work, unless such URI does not refer to the copyright
notice or licensing information for the Work; and (iv) ,
consistent with Section 3(b), in the case of an Adaptation, a credit
identifying the use of the Work in the Adaptation (e.g., "French
translation of the Work by Original Author," or "Screenplay based on
original Work by Original Author"). The credit required by this
Section 4 (b) may be implemented in any reasonable manner;
provided, however, that in the case of a Adaptation or Collection, at
a minimum such credit will appear, if a credit for all
contributing authors of the Adaptation or Collection appears, then as
part of these credits and in a manner at least as prominent as
the credits for the other contributing authors. For the
avoidance of doubt, You may only use the credit required by this
Section for the purpose of attribution in the manner set out above
and, by exercising Your rights under this License, You may not
implicitly or explicitly assert or imply any connection with,
sponsorship or endorsement by the Original Author, Licensor and/or
Attribution Parties, as appropriate, of You or Your use of the Work,
without the separate, express prior written permission of the
Original Author, Licensor and/or Attribution Parties.
c.Except as otherwise agreed in writing by the Licensor or
as may be otherwise permitted by applicable law, if You
Reproduce, Distribute or Publicly Perform the Work either by itself or
as part of any Adaptations or Collections, You must not
distort, mutilate, modify or take other derogatory action in
relation to the Work which would be prejudicial to the Original
Author's honor or reputation. Licensor agrees that in those
jurisdictions (e.g. Japan), in which any exercise of the right granted in
Section 3(b) of this License (the right to make Adaptations) would
be deemed to be a distortion, mutilation, modification or
other derogatory action prejudicial to the Original Author's
honor and reputation, the Licensor will waive or not assert, as
appropriate, this Section, to the fullest extent permitted by the
applicable national law, to enable You to reasonably exercise Your
right under Section 3(b) of this License (right to make
Adaptations) but not otherwise.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN
WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT
DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED
BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU
ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE
OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
a.This License and the rights granted hereunder will
terminate automatically upon any breach by You of the terms of this
License. Individuals or entities who have received Adaptations or
Collections from You under this License, however, will not have their
licenses terminated provided such individuals or entities remain in
full compliance with those licenses. Sections 1, 2, 5, 6, 7, and
8 will survive any termination of this License.
b.Subject to the above terms and conditions, the license
granted here is perpetual (for the duration of the applicable
copyright in the Work). Notwithstanding the above, Licensor reserves
the right to release the Work under different license terms or
to stop distributing the Work at any time; provided, however
that any such election will not serve to withdraw this License
(or any other license that has been, or is required to be,
granted under the terms of this License), and this License will
continue in full force and effect unless terminated as stated above.
8. Miscellaneous
a.Each time You Distribute or Publicly Perform the Work or
a Collection, the Licensor offers to the recipient a license
to the Work on the same terms and conditions as the license
granted to You under this License.
b.Each time You Distribute or Publicly Perform an
Adaptation, Licensor offers to the recipient a license to the original
Work on the same terms and conditions as the license granted to
You under this License.
c.If any provision of this License is invalid or
unenforceable under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this License, and without
further action by the parties to this agreement, such provision
shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
d.No term or provision of this License shall be deemed
waived and no breach consented to unless such waiver or consent
shall be in writing and signed by the party to be charged with
such waiver or consent.
e.This License constitutes the entire agreement between the
parties with respect to the Work licensed here. There are no
understandings, agreements or representations with respect to the Work not
specified here. Licensor shall not be bound by any additional
provisions that may appear in any communication from You. This License
may not be modified without the mutual written agreement of the
Licensor and You.
f.The rights granted under, and the subject matter
referenced, in this License were drafted utilizing the terminology of
the Berne Convention for the Protection of Literary and
Artistic Works (as amended on September 28, 1979), the Rome
Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO
Performances and Phonograms Treaty of 1996 and the Universal Copyright
Convention (as revised on July 24, 1971). These rights and subject
matter take effect in the relevant jurisdiction in which the
License terms are sought to be enforced according to the
corresponding provisions of the implementation of those treaty provisions
in the applicable national law. If the standard suite of
rights granted under applicable copyright law includes additional
rights not granted under this License, such additional rights are
deemed to be included in the License; this License is not intended
to restrict the license of any rights under applicable law.
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