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