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1
2IBM Public License Version 1.0
3
4THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM
5PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
6OF THE PROGRAM CONSTITUTES RECIPIENT`S ACCEPTANCE OF THIS AGREEMENT.
7
81. DEFINITIONS
9"Contribution" means:
10
11in the case of International Business Machines Corporation ("IBM"), the Original Program, and
12in the case of each Contributor,
13changes to the Program, and
14additions to the Program;
15where such changes and/or additions to the Program originate from and
16are distributed by that particular Contributor. A Contribution
17`originates` from a Contributor if it was added to the Program by
18such Contributor itself or anyone acting on such Contributor`s
19behalf. Contributions do not include additions to the Program which:
20(i) are separate modules of software distributed in conjunction with
21the Program under their own license agreement, and (ii) are not
22derivative works of the Program.
23
24"Contributor" means IBM and any other entity that distributes the Program.
25
26"Licensed Patents " mean patent claims licensable by a
27Contributor which are necessarily infringed by the use or sale of its
28Contribution alone or when combined with the Program.
29
30"Original Program" means the original version of the software
31accompanying this Agreement as released by IBM, including source
32code, object code and documentation, if any.
33
34"Program" means the Original Program and Contributions.
35
36"Recipient" means anyone who receives the Program under this
37Agreement, including all Contributors.
38
392. GRANT OF RIGHTS
40Subject to the terms of this Agreement, each Contributor hereby
41grants Recipient a non-exclusive, worldwide, royalty-free copyright
42license to reproduce, prepare derivative works of, publicly display,
43publicly perform, distribute and sublicense the Contribution of such
44Contributor, if any, and such derivative works, in source code and
45object code form.
46Subject to the terms of this Agreement, each Contributor hereby
47grants Recipient a non-exclusive, worldwide, royalty-free patent
48license under Licensed Patents to make, use, sell, offer to sell,
49import and otherwise transfer the Contribution of such Contributor,
50if any, in source code and object code form. This patent license
51shall apply to the combination of the Contribution and the Program
52if, at the time the Contribution is added by the Contributor, such
53addition of the Contribution causes such combination to be covered by
54the Licensed Patents. The patent license shall not apply to any
55other combinations which include the Contribution. No hardware per
56se is licensed hereunder.
57
58Recipient understands that although each Contributor grants the
59licenses to its Contributions set forth herein, no assurances are
60provided by any Contributor that the Program does not infringe the
61patent or other intellectual property rights of any other entity.
62Each Contributor disclaims any liability to Recipient for claims
63brought by any other entity based on infringement of intellectual
64property rights or otherwise. As a condition to exercising the
65rights and licenses granted hereunder, each Recipient hereby assumes
66sole responsibility to secure any other intellectual property rights
67needed, if any. For example, if a third party patent license is
68required to allow Recipient to distribute the Program, it is
69Recipient`s responsibility to acquire that license before
70distributing the Program.
71Each Contributor represents that to its knowledge it has
72sufficient copyright rights in its Contribution, if any, to grant the
73copyright license set forth in this Agreement.
743. REQUIREMENTS
75A Contributor may choose to distribute
76the Program in object code form under its own license agreement,
77provided that:
78
79it complies with the terms and conditions of this Agreement; and
80its license agreement:
81effectively disclaims on behalf of all Contributors all warranties
82and conditions, express and implied, including warranties or
83conditions of title and non-infringement, and implied warranties or
84conditions of merchantability and fitness for a particular purpose;
85effectively excludes on behalf of all Contributors all liability
86for damages, including direct, indirect, special, incidental and
87consequential damages, such as lost profits;
88states that any provisions which differ from this Agreement are
89offered by that Contributor alone and not by any other party; and
90
91states that source code for the Program is available from such
92Contributor, and informs licensees how to obtain it in a reasonable
93manner on or through a medium customarily used for software exchange.
94When the Program is made available in source code form:
95
96it must be made available under this Agreement; and
97a copy of this Agreement must be included with each copy of the
98Program.
99Each Contributor must include the following in a conspicuous location in the Program:
100
101Copyright (C) 1996, 1999 International Business Machines Corporation and others. All Rights Reserved.
102
103In addition, each Contributor must identify itself as the originator
104of its Contribution, if any, in a manner that reasonably allows
105subsequent Recipients to identify the originator of the Contribution.
106
1074. COMMERCIAL DISTRIBUTION
108Commercial distributors of software may accept certain
109responsibilities with respect to end users, business partners and the
110like. While this license is intended to facilitate the commercial
111use of the Program, the Contributor who includes the Program in a
112commercial product offering should do so in a manner which does not
113create potential liability for other Contributors. Therefore, if a
114Contributor includes the Program in a commercial product offering,
115such Contributor ("Commercial Contributor") hereby agrees to defend
116and indemnify every other Contributor ("Indemnified Contributor")
117against any losses, damages and costs (collectively "Losses") arising
118from claims, lawsuits and other legal actions brought by a third
119party against the Indemnified Contributor to the extent caused by the
120acts or omissions of such Commercial Contributor in connection with
121its distribution of the Program in a commercial product offering.
122The obligations in this section do not apply to any claims or Losses
123relating to any actual or alleged intellectual property infringement.
124In order to qualify, an Indemnified Contributor must: a) promptly
125notify the Commercial Contributor in writing of such claim, and b)
126allow the Commercial Contributor to control, and cooperate with the
127Commercial Contributor in, the defense and any related settlement
128negotiations. The Indemnified Contributor may participate in any
129such claim at its own expense.
130
131For example, a Contributor might include the Program in a commercial
132product offering, Product X. That Contributor is then a Commercial
133Contributor. If that Commercial Contributor then makes performance
134claims, or offers warranties related to Product X, those performance
135claims and warranties are such Commercial Contributor`s
136responsibility alone. Under this section, the Commercial Contributor
137would have to defend claims against the other Contributors related to
138those performance claims and warranties, and if a court requires any
139other Contributor to pay any damages as a result, the Commercial
140Contributor must pay those damages.
141
1425. NO WARRANTY
143EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
144PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
145KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
146WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
147OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
148responsible for determining the appropriateness of using and
149distributing the Program and assumes all risks associated with its
150exercise of rights under this Agreement, including but not limited to
151the risks and costs of program errors, compliance with applicable
152laws, damage to or loss of data, programs or equipment, and
153unavailability or interruption of operations.
154
1556. DISCLAIMER OF LIABILITY
156EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
157NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
158INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
159(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
160ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
161TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
162THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
163GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
164
1657. GENERAL
166If any provision of this Agreement is invalid or unenforceable under
167applicable law, it shall not affect the validity or enforceability of
168the remainder of the terms of this Agreement, and without further
169action by the parties hereto, such provision shall be reformed to the
170minimum extent necessary to make such provision valid and enforceable.
171
172If Recipient institutes patent litigation against a Contributor with
173respect to a patent applicable to software (including a cross-claim
174or counterclaim in a lawsuit), then any patent licenses granted by
175that Contributor to such Recipient under this Agreement shall
176terminate as of the date such litigation is filed. In addition, if
177Recipient institutes patent litigation against any entity (including
178a cross-claim or counterclaim in a lawsuit) alleging that the Program
179itself (excluding combinations of the Program with other software or
180hardware) infringes such Recipient`s patent(s), then such Recipient`s
181rights granted under Section 2(b) shall terminate as of the date such
182litigation is filed.
183
184All Recipient`s rights under this Agreement shall terminate if it
185fails to comply with any of the material terms or conditions of this
186Agreement and does not cure such failure in a reasonable period of
187time after becoming aware of such noncompliance. If all Recipient`s
188rights under this Agreement terminate, Recipient agrees to cease use
189and distribution of the Program as soon as reasonably practicable.
190However, Recipient`s obligations under this Agreement and any
191licenses granted by Recipient relating to the Program shall continue
192and survive.
193
194IBM may publish new versions (including revisions) of this Agreement
195from time to time. Each new version of the Agreement will be given a
196distinguishing version number. The Program (including Contributions)
197may always be distributed subject to the version of the Agreement
198under which it was received. In addition, after a new version of the
199Agreement is published, Contributor may elect to distribute the
200Program (including its Contributions) under the new version. No one
201other than IBM has the right to modify this Agreement. Except as
202expressly stated in Sections 2(a) and 2(b) above, Recipient receives
203no rights or licenses to the intellectual property of any Contributor
204under this Agreement, whether expressly, by implication, estoppel or
205otherwise. All rights in the Program not expressly granted under
206this Agreement are reserved.
207
208This Agreement is governed by the laws of the State of New York and
209the intellectual property laws of the United States of America. No
210party to this Agreement will bring a legal action under this
211Agreement more than one year after the cause of action arose. Each
212party waives its rights to a jury trial in any resulting litigation.
213