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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
6PROGRAM
7CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
8
91. DEFINITIONS
10
11"Contribution" means:
12
13a) in the case of the initial Contributor, the initial code and
14documentation distributed under this Agreement, and
15
16b) in the case of each subsequent Contributor:
17
18i) changes to the Program, and
19
20ii) additions to the Program;
21
22where such changes and/or additions to the Program originate from and are
23distributed by that particular Contributor. A Contribution 'originates' from a
24Contributor if it was added to the Program by such Contributor itself or anyone
25acting on such Contributor's behalf. Contributions do not include additions to
26the Program which: (i) are separate modules of software distributed in
27conjunction with the Program under their own license agreement, and (ii) are
28not
29derivative works of the Program.
30
31"Contributor" means any person or entity that distributes the
32Program.
33
34"Licensed Patents " mean patent claims licensable by a Contributor
35which are
36necessarily infringed by the use or sale of its Contribution alone or when
37combined with the Program.
38
39"Program" means the Contributions distributed in accordance with this
40Agreement.
41
42"Recipient" means anyone who receives the Program under this
43Agreement,
44including all Contributors.
45
462. GRANT OF RIGHTS
47
48a) Subject to the terms of this Agreement, each Contributor hereby grants
49Recipient a non-exclusive, worldwide, royalty-free copyright license to
50reproduce, prepare derivative works of, publicly display, publicly perform,
51distribute and sublicense the Contribution of such Contributor, if any, and
52such
53derivative works, in source code and object code form.
54
55b) Subject to the terms of this Agreement, each Contributor hereby grants
56Recipient a non-exclusive, worldwide, royalty-free patent license under
57Licensed
58Patents to make, use, sell, offer to sell, import and otherwise transfer the
59Contribution of such Contributor, if any, in source code and object code form.
60This patent license shall apply to the combination of the Contribution and the
61Program if, at the time the Contribution is added by the Contributor, such
62addition of the Contribution causes such combination to be covered by the
63Licensed Patents. The patent license shall not apply to any other combinations
64which include the Contribution. No hardware per se is licensed hereunder.
65
66c) Recipient understands that although each Contributor grants the licenses
67to its Contributions set forth herein, no assurances are provided by any
68Contributor that the Program does not infringe the patent or other intellectual
69property rights of any other entity. Each Contributor disclaims any liability
70to
71Recipient for claims brought by any other entity based on infringement of
72intellectual property rights or otherwise. As a condition to exercising the
73rights and licenses granted hereunder, each Recipient hereby assumes sole
74responsibility to secure any other intellectual property rights needed, if any.
75For example, if a third party patent license is required to allow Recipient to
76distribute the Program, it is Recipient's responsibility to acquire that
77license
78before distributing the Program.
79
80d) Each Contributor represents that to its knowledge it has sufficient
81copyright rights in its Contribution, if any, to grant the copyright license
82set
83forth in this Agreement.
84
853. REQUIREMENTS
86
87A Contributor may choose to distribute the Program in object code form under
88its
89own license agreement, provided that:
90
91a) it complies with the terms and conditions of this Agreement; and
92
93b) its license agreement:
94
95i) effectively disclaims on behalf of all Contributors all warranties and
96conditions, express and implied, including warranties or conditions of title
97and
98non-infringement, and implied warranties or conditions of merchantability and
99fitness for a particular purpose;
100
101ii) effectively excludes on behalf of all Contributors all liability for
102damages, including direct, indirect, special, incidental and consequential
103damages, such as lost profits;
104
105iii) states that any provisions which differ from this Agreement are offered
106by that Contributor alone and not by any other party; and
107
108iv) states that source code for the Program is available from such
109Contributor, and informs licensees how to obtain it in a reasonable manner on
110or
111through a medium customarily used for software exchange.
112
113When the Program is made available in source code form:
114
115a) it must be made available under this Agreement; and
116
117b) a copy of this Agreement must be included with each copy of the Program.
118
119Contributors may not remove or alter any copyright notices contained within the
120Program.
121
122Each Contributor must identify itself as the originator of its Contribution, if
123any, in a manner that reasonably allows subsequent Recipients to identify the
124originator of the Contribution.
125
1264. COMMERCIAL DISTRIBUTION
127
128Commercial distributors of software may accept certain responsibilities with
129respect to end users, business partners and the like. While this license is
130intended to facilitate the commercial use of the Program, the Contributor who
131includes the Program in a commercial product offering should do so in a manner
132which does not create potential liability for other Contributors. Therefore, if
133a Contributor includes the Program in a commercial product offering, such
134Contributor ("Commercial Contributor") hereby agrees to defend and
135indemnify
136every other Contributor ("Indemnified Contributor") against any
137losses, damages
138and costs (collectively "Losses") arising from claims, lawsuits and
139other legal
140actions brought by a third party against the Indemnified Contributor to the
141extent caused by the acts or omissions of such Commercial Contributor in
142connection with its distribution of the Program in a commercial product
143offering. The obligations in this section do not apply to any claims or Losses
144relating to any actual or alleged intellectual property infringement. In order
145to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
146Contributor in writing of such claim, and b) allow the Commercial Contributor
147to
148control, and cooperate with the Commercial Contributor in, the defense and any
149related settlement negotiations. The Indemnified Contributor may participate in
150any such claim at its own expense.
151
152For example, a Contributor might include the Program in a commercial product
153offering, Product X. That Contributor is then a Commercial Contributor. If that
154Commercial Contributor then makes performance claims, or offers warranties
155related to Product X, those performance claims and warranties are such
156Commercial Contributor's responsibility alone. Under this section, the
157Commercial Contributor would have to defend claims against the other
158Contributors related to those performance claims and warranties, and if a court
159requires any other Contributor to pay any damages as a result, the Commercial
160Contributor must pay those damages.
161
1625. NO WARRANTY
163
164EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
165"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
166EXPRESS OR
167IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
168NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
169Recipient is solely responsible for determining the appropriateness of using
170and
171distributing the Program and assumes all risks associated with its exercise of
172rights under this Agreement, including but not limited to the risks and costs
173of
174program errors, compliance with applicable laws, damage to or loss of data,
175programs or equipment, and unavailability or interruption of operations.
176
1776. DISCLAIMER OF LIABILITY
178
179EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
180CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
181SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
182PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
183STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
184WAY
185OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
186GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
187
1887. GENERAL
189
190If any provision of this Agreement is invalid or unenforceable under applicable
191law, it shall not affect the validity or enforceability of the remainder of the
192terms of this Agreement, and without further action by the parties hereto, such
193provision shall be reformed to the minimum extent necessary to make such
194provision valid and enforceable.
195
196If Recipient institutes patent litigation against a Contributor with respect to
197a patent applicable to software (including a cross-claim or counterclaim in a
198lawsuit), then any patent licenses granted by that Contributor to such
199Recipient
200under this Agreement shall terminate as of the date such litigation is filed.
201In
202addition, if Recipient institutes patent litigation against any entity
203(including a cross-claim or counterclaim in a lawsuit) alleging that the
204Program
205itself (excluding combinations of the Program with other software or hardware)
206infringes such Recipient's patent(s), then such Recipient's rights granted
207under
208Section 2(b) shall terminate as of the date such litigation is filed.
209
210All Recipient's rights under this Agreement shall terminate if it fails to
211comply with any of the material terms or conditions of this Agreement and does
212not cure such failure in a reasonable period of time after becoming aware of
213such noncompliance. If all Recipient's rights under this Agreement terminate,
214Recipient agrees to cease use and distribution of the Program as soon as
215reasonably practicable. However, Recipient's obligations under this Agreement
216and any licenses granted by Recipient relating to the Program shall continue
217and
218survive.
219
220Everyone is permitted to copy and distribute copies of this Agreement, but in
221order to avoid inconsistency the Agreement is copyrighted and may only be
222modified in the following manner. The Agreement Steward reserves the right to
223publish new versions (including revisions) of this Agreement from time to time.
224No one other than the Agreement Steward has the right to modify this Agreement.
225IBM is the initial Agreement Steward. IBM may assign the responsibility to
226serve
227as the Agreement Steward to a suitable separate entity. Each new version of the
228Agreement will be given a distinguishing version number. The Program (including
229Contributions) may always be distributed subject to the version of the
230Agreement
231under which it was received. In addition, after a new version of the Agreement
232is published, Contributor may elect to distribute the Program (including its
233Contributions) under the new version. Except as expressly stated in Sections
2342(a) and 2(b) above, Recipient receives no rights or licenses to the
235intellectual property of any Contributor under this Agreement, whether
236expressly, by implication, estoppel or otherwise. All rights in the Program not
237expressly granted under this Agreement are reserved.
238
239This Agreement is governed by the laws of the State of New York and the
240intellectual property laws of the United States of America. No party to this
241Agreement will bring a legal action under this Agreement more than one year
242after the cause of action arose. Each party waives its rights to a jury trial
243in
244any resulting litigation.
245
246
247
248
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