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@@ -0,0 +1,214 @@ +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. + |