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1 | |||
2 | Common Public License Version 1.0 | ||
3 | |||
4 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC | ||
5 | LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM | ||
6 | CONSTITUTES RECIPIENT`S ACCEPTANCE OF THIS AGREEMENT. | ||
7 | |||
8 | 1. DEFINITIONS | ||
9 | |||
10 | "Contribution" means: | ||
11 | |||
12 | a) in the case of the initial Contributor, the initial code and | ||
13 | documentation distributed under this Agreement, and | ||
14 | |||
15 | b) in the case of each subsequent Contributor: | ||
16 | |||
17 | i) changes to the Program, and | ||
18 | |||
19 | ii) additions to the Program; | ||
20 | |||
21 | where such changes and/or additions to the Program originate from and are | ||
22 | distributed by that particular Contributor. A Contribution `originates` from a | ||
23 | Contributor if it was added to the Program by such Contributor itself or anyone | ||
24 | acting on such Contributor`s behalf. Contributions do not include additions to | ||
25 | the Program which: (i) are separate modules of software distributed in | ||
26 | conjunction with the Program under their own license agreement, and (ii) are not | ||
27 | derivative works of the Program. | ||
28 | |||
29 | "Contributor" means any person or entity that distributes the Program. | ||
30 | |||
31 | "Licensed Patents " mean patent claims licensable by a Contributor which are | ||
32 | necessarily infringed by the use or sale of its Contribution alone or when | ||
33 | combined with the Program. | ||
34 | |||
35 | "Program" means the Contributions distributed in accordance with this Agreement. | ||
36 | |||
37 | "Recipient" means anyone who receives the Program under this Agreement, | ||
38 | including all Contributors. | ||
39 | |||
40 | 2. GRANT OF RIGHTS | ||
41 | |||
42 | a) Subject to the terms of this Agreement, each Contributor hereby grants | ||
43 | Recipient a non-exclusive, worldwide, royalty-free copyright license to | ||
44 | reproduce, prepare derivative works of, publicly display, publicly perform, | ||
45 | distribute and sublicense the Contribution of such Contributor, if any, and such | ||
46 | derivative works, in source code and object code form. | ||
47 | |||
48 | b) Subject to the terms of this Agreement, each Contributor hereby grants | ||
49 | Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed | ||
50 | Patents to make, use, sell, offer to sell, import and otherwise transfer the | ||
51 | Contribution of such Contributor, if any, in source code and object code form. | ||
52 | This patent license shall apply to the combination of the Contribution and the | ||
53 | Program if, at the time the Contribution is added by the Contributor, such | ||
54 | addition of the Contribution causes such combination to be covered by the | ||
55 | Licensed Patents. The patent license shall not apply to any other combinations | ||
56 | which include the Contribution. No hardware per se is licensed hereunder. | ||
57 | |||
58 | c) Recipient understands that although each Contributor grants the licenses | ||
59 | to its Contributions set forth herein, no assurances are provided by any | ||
60 | Contributor that the Program does not infringe the patent or other intellectual | ||
61 | property rights of any other entity. Each Contributor disclaims any liability to | ||
62 | Recipient for claims brought by any other entity based on infringement of | ||
63 | intellectual property rights or otherwise. As a condition to exercising the | ||
64 | rights and licenses granted hereunder, each Recipient hereby assumes sole | ||
65 | responsibility to secure any other intellectual property rights needed, if any. | ||
66 | For example, if a third party patent license is required to allow Recipient to | ||
67 | distribute the Program, it is Recipient`s responsibility to acquire that license | ||
68 | before distributing the Program. | ||
69 | |||
70 | d) Each Contributor represents that to its knowledge it has sufficient | ||
71 | copyright rights in its Contribution, if any, to grant the copyright license set | ||
72 | forth in this Agreement. | ||
73 | |||
74 | 3. REQUIREMENTS | ||
75 | |||
76 | A Contributor may choose to distribute the Program in object code form under its | ||
77 | own license agreement, provided that: | ||
78 | |||
79 | a) it complies with the terms and conditions of this Agreement; and | ||
80 | |||
81 | b) its license agreement: | ||
82 | |||
83 | i) effectively disclaims on behalf of all Contributors all warranties and | ||
84 | conditions, express and implied, including warranties or conditions of title and | ||
85 | non-infringement, and implied warranties or conditions of merchantability and | ||
86 | fitness for a particular purpose; | ||
87 | |||
88 | ii) effectively excludes on behalf of all Contributors all liability for | ||
89 | damages, including direct, indirect, special, incidental and consequential | ||
90 | damages, such as lost profits; | ||
91 | |||
92 | iii) states that any provisions which differ from this Agreement are offered | ||
93 | by that Contributor alone and not by any other party; and | ||
94 | |||
95 | iv) states that source code for the Program is available from such | ||
96 | Contributor, and informs licensees how to obtain it in a reasonable manner on or | ||
97 | through a medium customarily used for software exchange. | ||
98 | |||
99 | When the Program is made available in source code form: | ||
100 | |||
101 | a) it must be made available under this Agreement; and | ||
102 | |||
103 | b) a copy of this Agreement must be included with each copy of the Program. | ||
104 | |||
105 | Contributors may not remove or alter any copyright notices contained within the | ||
106 | Program. | ||
107 | |||
108 | Each Contributor must identify itself as the originator of its Contribution, if | ||
109 | any, in a manner that reasonably allows subsequent Recipients to identify the | ||
110 | originator of the Contribution. | ||
111 | |||
112 | 4. COMMERCIAL DISTRIBUTION | ||
113 | |||
114 | Commercial distributors of software may accept certain responsibilities with | ||
115 | respect to end users, business partners and the like. While this license is | ||
116 | intended to facilitate the commercial use of the Program, the Contributor who | ||
117 | includes the Program in a commercial product offering should do so in a manner | ||
118 | which does not create potential liability for other Contributors. Therefore, if | ||
119 | a Contributor includes the Program in a commercial product offering, such | ||
120 | Contributor ("Commercial Contributor") hereby agrees to defend and indemnify | ||
121 | every other Contributor ("Indemnified Contributor") against any losses, damages | ||
122 | and costs (collectively "Losses") arising from claims, lawsuits and other legal | ||
123 | actions brought by a third party against the Indemnified Contributor to the | ||
124 | extent caused by the acts or omissions of such Commercial Contributor in | ||
125 | connection with its distribution of the Program in a commercial product | ||
126 | offering. The obligations in this section do not apply to any claims or Losses | ||
127 | relating to any actual or alleged intellectual property infringement. In order | ||
128 | to qualify, an Indemnified Contributor must: a) promptly notify the Commercial | ||
129 | Contributor in writing of such claim, and b) allow the Commercial Contributor to | ||
130 | control, and cooperate with the Commercial Contributor in, the defense and any | ||
131 | related settlement negotiations. The Indemnified Contributor may participate in | ||
132 | any such claim at its own expense. | ||
133 | |||
134 | For example, a Contributor might include the Program in a commercial product | ||
135 | offering, Product X. That Contributor is then a Commercial Contributor. If that | ||
136 | Commercial Contributor then makes performance claims, or offers warranties | ||
137 | related to Product X, those performance claims and warranties are such | ||
138 | Commercial Contributor`s responsibility alone. Under this section, the | ||
139 | Commercial Contributor would have to defend claims against the other | ||
140 | Contributors related to those performance claims and warranties, and if a court | ||
141 | requires any other Contributor to pay any damages as a result, the Commercial | ||
142 | Contributor must pay those damages. | ||
143 | |||
144 | 5. NO WARRANTY | ||
145 | |||
146 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN | ||
147 | "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR | ||
148 | IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, | ||
149 | NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each | ||
150 | Recipient is solely responsible for determining the appropriateness of using and | ||
151 | distributing the Program and assumes all risks associated with its exercise of | ||
152 | rights under this Agreement, including but not limited to the risks and costs of | ||
153 | program errors, compliance with applicable laws, damage to or loss of data, | ||
154 | programs or equipment, and unavailability or interruption of operations. | ||
155 | |||
156 | 6. DISCLAIMER OF LIABILITY | ||
157 | |||
158 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY | ||
159 | CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, | ||
160 | SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST | ||
161 | PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, | ||
162 | STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY | ||
163 | OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS | ||
164 | GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | ||
165 | |||
166 | 7. GENERAL | ||
167 | |||
168 | If any provision of this Agreement is invalid or unenforceable under applicable | ||
169 | law, it shall not affect the validity or enforceability of the remainder of the | ||
170 | terms of this Agreement, and without further action by the parties hereto, such | ||
171 | provision shall be reformed to the minimum extent necessary to make such | ||
172 | provision valid and enforceable. | ||
173 | |||
174 | If Recipient institutes patent litigation against a Contributor with respect to | ||
175 | a patent applicable to software (including a cross-claim or counterclaim in a | ||
176 | lawsuit), then any patent licenses granted by that Contributor to such Recipient | ||
177 | under this Agreement shall terminate as of the date such litigation is filed. In | ||
178 | addition, if Recipient institutes patent litigation against any entity | ||
179 | (including a cross-claim or counterclaim in a lawsuit) alleging that the Program | ||
180 | itself (excluding combinations of the Program with other software or hardware) | ||
181 | infringes such Recipient`s patent(s), then such Recipient`s rights granted under | ||
182 | Section 2(b) shall terminate as of the date such litigation is filed. | ||
183 | |||
184 | All Recipient`s rights under this Agreement shall terminate if it fails to | ||
185 | comply with any of the material terms or conditions of this Agreement and does | ||
186 | not cure such failure in a reasonable period of time after becoming aware of | ||
187 | such noncompliance. If all Recipient`s rights under this Agreement terminate, | ||
188 | Recipient agrees to cease use and distribution of the Program as soon as | ||
189 | reasonably practicable. However, Recipient`s obligations under this Agreement | ||
190 | and any licenses granted by Recipient relating to the Program shall continue and | ||
191 | survive. | ||
192 | |||
193 | Everyone is permitted to copy and distribute copies of this Agreement, but in | ||
194 | order to avoid inconsistency the Agreement is copyrighted and may only be | ||
195 | modified in the following manner. The Agreement Steward reserves the right to | ||
196 | publish new versions (including revisions) of this Agreement from time to time. | ||
197 | No one other than the Agreement Steward has the right to modify this Agreement. | ||
198 | IBM is the initial Agreement Steward. IBM may assign the responsibility to serve | ||
199 | as the Agreement Steward to a suitable separate entity. Each new version of the | ||
200 | Agreement will be given a distinguishing version number. The Program (including | ||
201 | Contributions) may always be distributed subject to the version of the Agreement | ||
202 | under which it was received. In addition, after a new version of the Agreement | ||
203 | is published, Contributor may elect to distribute the Program (including its | ||
204 | Contributions) under the new version. Except as expressly stated in Sections | ||
205 | 2(a) and 2(b) above, Recipient receives no rights or licenses to the | ||
206 | intellectual property of any Contributor under this Agreement, whether | ||
207 | expressly, by implication, estoppel or otherwise. All rights in the Program not | ||
208 | expressly granted under this Agreement are reserved. | ||
209 | |||
210 | This Agreement is governed by the laws of the State of New York and the | ||
211 | intellectual property laws of the United States of America. No party to this | ||
212 | Agreement will bring a legal action under this Agreement more than one year | ||
213 | after the cause of action arose. Each party waives its rights to a jury trial in | ||
214 | any resulting litigation. | ||
215 | |||