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-
-IBM Public License Version 1.0
-
-THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM
-PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
-OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
-
-1. DEFINITIONS
-"Contribution" means:
-
-in the case of International Business Machines Corporation ("IBM"),
-the Original Program, and
-in the case of each Contributor,
-changes to the Program, and
-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 IBM and any other 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.
-
-"Original Program" means the original version of the software
-accompanying this Agreement as released by IBM, including source
-code, object code and documentation, if any.
-
-"Program" means the Original Program and Contributions.
-
-"Recipient" means anyone who receives the Program under this
-Agreement, including all Contributors.
-
-2. GRANT OF RIGHTS
-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.
-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.
-
-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.
-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:
-
-it complies with the terms and conditions of this Agreement; and
-its license agreement:
-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;
-effectively excludes on behalf of all Contributors all liability
-for damages, including direct, indirect, special, incidental and
-consequential damages, such as lost profits;
-states that any provisions which differ from this Agreement are
-offered by that Contributor alone and not by any other party; and
-
-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:
-
-it must be made available under this Agreement; and
-a copy of this Agreement must be included with each copy of the
-Program.
-Each Contributor must include the following in a conspicuous location in the
-Program:
-
-Copyright (C) 1996, 1999 International Business Machines Corporation and
-others. All Rights Reserved.
-
-In addition, 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.
-
-IBM may publish new versions (including revisions) of this Agreement
-from time to time. 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. No one
-other than IBM has the right to modify this Agreement. 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.
-
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