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-
-Common Public License Version 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, each Recipient hereby assumes sole
-responsibility to secure any other intellectual property rights needed, if any.
-For example, if a third party patent license is required to allow Recipient to
-distribute the Program, it is Recipient's responsibility to acquire that
-license
-before distributing the Program.
-
-d) Each Contributor represents that to its knowledge it has sufficient
-copyright rights in its Contribution, if any, to grant the copyright license
-set
-forth in this Agreement.
-
-3. REQUIREMENTS
-
-A Contributor may choose to distribute the Program in object code form under
-its
-own license agreement, provided that:
-
-a) it complies with the terms and conditions of this Agreement; and
-
-b) its license agreement:
-
-i) effectively disclaims on behalf of all Contributors all warranties and
-conditions, express and implied, including warranties or conditions of title
-and
-non-infringement, and implied warranties or conditions of merchantability and
-fitness for a particular purpose;
-
-ii) effectively excludes on behalf of all Contributors all liability for
-damages, including direct, indirect, special, incidental and consequential
-damages, such as lost profits;
-
-iii) states that any provisions which differ from this Agreement are offered
-by that Contributor alone and not by any other party; and
-
-iv) states that source code for the Program is available from such
-Contributor, and informs licensees how to obtain it in a reasonable manner on
-or
-through a medium customarily used for software exchange.
-
-When the Program is made available in source code form:
-
-a) it must be made available under this Agreement; and
-
-b) a copy of this Agreement must be included with each copy of the Program.
-
-Contributors may not remove or alter any copyright notices contained within the
-Program.
-
-Each Contributor must identify itself as the originator of its Contribution, if
-any, in a manner that reasonably allows subsequent Recipients to identify the
-originator of the Contribution.
-
-4. COMMERCIAL DISTRIBUTION
-
-Commercial distributors of software may accept certain responsibilities with
-respect to end users, business partners and the like. While this license is
-intended to facilitate the commercial use of the Program, the Contributor who
-includes the Program in a commercial product offering should do so in a manner
-which does not create potential liability for other Contributors. Therefore, if
-a Contributor includes the Program in a commercial product offering, such
-Contributor ("Commercial Contributor") hereby agrees to defend and
-indemnify
-every other Contributor ("Indemnified Contributor") against any
-losses, damages
-and costs (collectively "Losses") arising from claims, lawsuits and
-other legal
-actions brought by a third party against the Indemnified Contributor to the
-extent caused by the acts or omissions of such Commercial Contributor in
-connection with its distribution of the Program in a commercial product
-offering. The obligations in this section do not apply to any claims or Losses
-relating to any actual or alleged intellectual property infringement. In order
-to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
-Contributor in writing of such claim, and b) allow the Commercial Contributor
-to
-control, and cooperate with the Commercial Contributor in, the defense and any
-related settlement negotiations. The Indemnified Contributor may participate in
-any such claim at its own expense.
-
-For example, a Contributor might include the Program in a commercial product
-offering, Product X. That Contributor is then a Commercial Contributor. If that
-Commercial Contributor then makes performance claims, or offers warranties
-related to Product X, those performance claims and warranties are such
-Commercial Contributor's responsibility alone. Under this section, the
-Commercial Contributor would have to defend claims against the other
-Contributors related to those performance claims and warranties, and if a court
-requires any other Contributor to pay any damages as a result, the Commercial
-Contributor must pay those damages.
-
-5. NO WARRANTY
-
-EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
-"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
-EXPRESS OR
-IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
-NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
-Recipient is solely responsible for determining the appropriateness of using
-and
-distributing the Program and assumes all risks associated with its exercise of
-rights under this Agreement, including but not limited to the risks and costs
-of
-program errors, compliance with applicable laws, damage to or loss of data,
-programs or equipment, and unavailability or interruption of operations.
-
-6. DISCLAIMER OF LIABILITY
-
-EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
-CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
-SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
-PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
-STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
-WAY
-OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
-GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
-7. GENERAL
-
-If any provision of this Agreement is invalid or unenforceable under applicable
-law, it shall not affect the validity or enforceability of the remainder of the
-terms of this Agreement, and without further action by the parties hereto, such
-provision shall be reformed to the minimum extent necessary to make such
-provision valid and enforceable.
-
-If Recipient institutes patent litigation against a Contributor with respect to
-a patent applicable to software (including a cross-claim or counterclaim in a
-lawsuit), then any patent licenses granted by that Contributor to such
-Recipient
-under this Agreement shall terminate as of the date such litigation is filed.
-In
-addition, if Recipient institutes patent litigation against any entity
-(including a cross-claim or counterclaim in a lawsuit) alleging that the
-Program
-itself (excluding combinations of the Program with other software or hardware)
-infringes such Recipient's patent(s), then such Recipient's rights granted
-under
-Section 2(b) shall terminate as of the date such litigation is filed.
-
-All Recipient's rights under this Agreement shall terminate if it fails to
-comply with any of the material terms or conditions of this Agreement and does
-not cure such failure in a reasonable period of time after becoming aware of
-such noncompliance. If all Recipient's rights under this Agreement terminate,
-Recipient agrees to cease use and distribution of the Program as soon as
-reasonably practicable. However, Recipient's obligations under this Agreement
-and any licenses granted by Recipient relating to the Program shall continue
-and
-survive.
-
-Everyone is permitted to copy and distribute copies of this Agreement, but in
-order to avoid inconsistency the Agreement is copyrighted and may only be
-modified in the following manner. The Agreement Steward reserves the right to
-publish new versions (including revisions) of this Agreement from time to time.
-No one other than the Agreement Steward has the right to modify this Agreement.
-IBM is the initial Agreement Steward. IBM may assign the responsibility to
-serve
-as the Agreement Steward to a suitable separate entity. Each new version of the
-Agreement will be given a distinguishing version number. The Program (including
-Contributions) may always be distributed subject to the version of the
-Agreement
-under which it was received. In addition, after a new version of the Agreement
-is published, Contributor may elect to distribute the Program (including its
-Contributions) under the new version. Except as expressly stated in Sections
-2(a) and 2(b) above, Recipient receives no rights or licenses to the
-intellectual property of any Contributor under this Agreement, whether
-expressly, by implication, estoppel or otherwise. All rights in the Program not
-expressly granted under this Agreement are reserved.
-
-This Agreement is governed by the laws of the State of New York and the
-intellectual property laws of the United States of America. No party to this
-Agreement will bring a legal action under this Agreement more than one year
-after the cause of action arose. Each party waives its rights to a jury trial
-in
-any resulting litigation.
-
-
-
-
-
-