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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.
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