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1
2Common Public License Version 1.0
3
4THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
5LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
6CONSTITUTES RECIPIENT`S ACCEPTANCE OF THIS AGREEMENT.
7
81. DEFINITIONS
9
10"Contribution" means:
11
12a) in the case of the initial Contributor, the initial code and
13documentation distributed under this Agreement, and
14
15b) in the case of each subsequent Contributor:
16
17i) changes to the Program, and
18
19ii) additions to the Program;
20
21where such changes and/or additions to the Program originate from and are
22distributed by that particular Contributor. A Contribution `originates` from a
23Contributor if it was added to the Program by such Contributor itself or anyone
24acting on such Contributor`s behalf. Contributions do not include additions to
25the Program which: (i) are separate modules of software distributed in
26conjunction with the Program under their own license agreement, and (ii) are not
27derivative 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
32necessarily infringed by the use or sale of its Contribution alone or when
33combined 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,
38including all Contributors.
39
402. GRANT OF RIGHTS
41
42a) Subject to the terms of this Agreement, each Contributor hereby grants
43Recipient a non-exclusive, worldwide, royalty-free copyright license to
44reproduce, prepare derivative works of, publicly display, publicly perform,
45distribute and sublicense the Contribution of such Contributor, if any, and such
46derivative works, in source code and object code form.
47
48b) Subject to the terms of this Agreement, each Contributor hereby grants
49Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
50Patents to make, use, sell, offer to sell, import and otherwise transfer the
51Contribution of such Contributor, if any, in source code and object code form.
52This patent license shall apply to the combination of the Contribution and the
53Program if, at the time the Contribution is added by the Contributor, such
54addition of the Contribution causes such combination to be covered by the
55Licensed Patents. The patent license shall not apply to any other combinations
56which include the Contribution. No hardware per se is licensed hereunder.
57
58c) Recipient understands that although each Contributor grants the licenses
59to its Contributions set forth herein, no assurances are provided by any
60Contributor that the Program does not infringe the patent or other intellectual
61property rights of any other entity. Each Contributor disclaims any liability to
62Recipient for claims brought by any other entity based on infringement of
63intellectual property rights or otherwise. As a condition to exercising the
64rights and licenses granted hereunder, each Recipient hereby assumes sole
65responsibility to secure any other intellectual property rights needed, if any.
66For example, if a third party patent license is required to allow Recipient to
67distribute the Program, it is Recipient`s responsibility to acquire that license
68before distributing the Program.
69
70d) Each Contributor represents that to its knowledge it has sufficient
71copyright rights in its Contribution, if any, to grant the copyright license set
72forth in this Agreement.
73
743. REQUIREMENTS
75
76A Contributor may choose to distribute the Program in object code form under its
77own license agreement, provided that:
78
79a) it complies with the terms and conditions of this Agreement; and
80
81b) its license agreement:
82
83i) effectively disclaims on behalf of all Contributors all warranties and
84conditions, express and implied, including warranties or conditions of title and
85non-infringement, and implied warranties or conditions of merchantability and
86fitness for a particular purpose;
87
88ii) effectively excludes on behalf of all Contributors all liability for
89damages, including direct, indirect, special, incidental and consequential
90damages, such as lost profits;
91
92iii) states that any provisions which differ from this Agreement are offered
93by that Contributor alone and not by any other party; and
94
95iv) states that source code for the Program is available from such
96Contributor, and informs licensees how to obtain it in a reasonable manner on or
97through a medium customarily used for software exchange.
98
99When the Program is made available in source code form:
100
101a) it must be made available under this Agreement; and
102
103b) a copy of this Agreement must be included with each copy of the Program.
104
105Contributors may not remove or alter any copyright notices contained within the
106Program.
107
108Each Contributor must identify itself as the originator of its Contribution, if
109any, in a manner that reasonably allows subsequent Recipients to identify the
110originator of the Contribution.
111
1124. COMMERCIAL DISTRIBUTION
113
114Commercial distributors of software may accept certain responsibilities with
115respect to end users, business partners and the like. While this license is
116intended to facilitate the commercial use of the Program, the Contributor who
117includes the Program in a commercial product offering should do so in a manner
118which does not create potential liability for other Contributors. Therefore, if
119a Contributor includes the Program in a commercial product offering, such
120Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
121every other Contributor ("Indemnified Contributor") against any losses, damages
122and costs (collectively "Losses") arising from claims, lawsuits and other legal
123actions brought by a third party against the Indemnified Contributor to the
124extent caused by the acts or omissions of such Commercial Contributor in
125connection with its distribution of the Program in a commercial product
126offering. The obligations in this section do not apply to any claims or Losses
127relating to any actual or alleged intellectual property infringement. In order
128to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
129Contributor in writing of such claim, and b) allow the Commercial Contributor to
130control, and cooperate with the Commercial Contributor in, the defense and any
131related settlement negotiations. The Indemnified Contributor may participate in
132any such claim at its own expense.
133
134For example, a Contributor might include the Program in a commercial product
135offering, Product X. That Contributor is then a Commercial Contributor. If that
136Commercial Contributor then makes performance claims, or offers warranties
137related to Product X, those performance claims and warranties are such
138Commercial Contributor`s responsibility alone. Under this section, the
139Commercial Contributor would have to defend claims against the other
140Contributors related to those performance claims and warranties, and if a court
141requires any other Contributor to pay any damages as a result, the Commercial
142Contributor must pay those damages.
143
1445. NO WARRANTY
145
146EXCEPT 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
148IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
149NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
150Recipient is solely responsible for determining the appropriateness of using and
151distributing the Program and assumes all risks associated with its exercise of
152rights under this Agreement, including but not limited to the risks and costs of
153program errors, compliance with applicable laws, damage to or loss of data,
154programs or equipment, and unavailability or interruption of operations.
155
1566. DISCLAIMER OF LIABILITY
157
158EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
159CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
160SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
161PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
162STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
163OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
164GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
165
1667. GENERAL
167
168If any provision of this Agreement is invalid or unenforceable under applicable
169law, it shall not affect the validity or enforceability of the remainder of the
170terms of this Agreement, and without further action by the parties hereto, such
171provision shall be reformed to the minimum extent necessary to make such
172provision valid and enforceable.
173
174If Recipient institutes patent litigation against a Contributor with respect to
175a patent applicable to software (including a cross-claim or counterclaim in a
176lawsuit), then any patent licenses granted by that Contributor to such Recipient
177under this Agreement shall terminate as of the date such litigation is filed. In
178addition, if Recipient institutes patent litigation against any entity
179(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
180itself (excluding combinations of the Program with other software or hardware)
181infringes such Recipient`s patent(s), then such Recipient`s rights granted under
182Section 2(b) shall terminate as of the date such litigation is filed.
183
184All Recipient`s rights under this Agreement shall terminate if it fails to
185comply with any of the material terms or conditions of this Agreement and does
186not cure such failure in a reasonable period of time after becoming aware of
187such noncompliance. If all Recipient`s rights under this Agreement terminate,
188Recipient agrees to cease use and distribution of the Program as soon as
189reasonably practicable. However, Recipient`s obligations under this Agreement
190and any licenses granted by Recipient relating to the Program shall continue and
191survive.
192
193Everyone is permitted to copy and distribute copies of this Agreement, but in
194order to avoid inconsistency the Agreement is copyrighted and may only be
195modified in the following manner. The Agreement Steward reserves the right to
196publish new versions (including revisions) of this Agreement from time to time.
197No one other than the Agreement Steward has the right to modify this Agreement.
198IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
199as the Agreement Steward to a suitable separate entity. Each new version of the
200Agreement will be given a distinguishing version number. The Program (including
201Contributions) may always be distributed subject to the version of the Agreement
202under which it was received. In addition, after a new version of the Agreement
203is published, Contributor may elect to distribute the Program (including its
204Contributions) under the new version. Except as expressly stated in Sections
2052(a) and 2(b) above, Recipient receives no rights or licenses to the
206intellectual property of any Contributor under this Agreement, whether
207expressly, by implication, estoppel or otherwise. All rights in the Program not
208expressly granted under this Agreement are reserved.
209
210This Agreement is governed by the laws of the State of New York and the
211intellectual property laws of the United States of America. No party to this
212Agreement will bring a legal action under this Agreement more than one year
213after the cause of action arose. Each party waives its rights to a jury trial in
214any resulting litigation.
215