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diff --git a/License.htm b/License.htm new file mode 100644 index 0000000..8beaf6a --- /dev/null +++ b/License.htm @@ -0,0 +1,267 @@ +<h1>Common Public License Version 1.0</h1> + +<tt> + +<p>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. </p> + + + +<p><b>1. DEFINITIONS </b></p> + +<p>"Contribution" means:</p> + +<blockquote> +<p>a) in the case of the initial Contributor, the initial code and documentation + distributed under this Agreement, and </p> +<p> +b) in the case of each subsequent Contributor:</p> +<p> +i) changes to the Program, and</p> +<p> +ii) additions to the Program;</p> + +<p>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.</p> +</blockquote> + + + +<p>"Contributor" means any person or entity that distributes the Program. </p> + + + +<p>"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.</p> + + + +<p>"Program" means the Contributions distributed in accordance with this + Agreement. </p> + + + +<p>"Recipient" means anyone who receives the Program under this Agreement, + including all Contributors. </p> + + + +<p><b>2. GRANT OF RIGHTS</b></p> + +<blockquote> +<p>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.</p> +<p> + +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.</p> + +<p>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.</p> + +<p>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.</p></blockquote> + + +<p><strong>3. REQUIREMENTS</strong> </p> + +<p>A Contributor may choose to distribute the Program in object code form under + its own license agreement, provided that: </p> + +<blockquote> +<p>a) it complies with the terms and conditions of this Agreement; and</p> + +<p> +b) its license agreement:</p> + +<p>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; +</p> +<p>ii) effectively excludes on behalf of all Contributors all liability for + damages, including direct, indirect, special, incidental and consequential + damages, such as lost profits; +</p> +<p>iii) states that any provisions which differ from this Agreement are offered + by that Contributor alone and not by any other party; and +</p> +<p>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. +</p></blockquote> + +<p> + +When the Program is made available in source code form:</p> + +<blockquote><p> + a) it must be made available under this Agreement; and</p> + <p> + b) a copy of this Agreement must be included with each copy of the Program. +</p></blockquote> + + +<p>Contributors may not remove or alter any copyright notices contained within + the Program.</p> + + + + + +<p>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. </p> + + +<p><strong>4. COMMERCIAL DISTRIBUTION</strong> </p> + +<p>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. +</p> + + +<p>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. +</p> + +<p><strong>5. NO WARRANTY</strong></p> + +<p> +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. + </p> + + +<p><strong> +6. DISCLAIMER OF LIABILITY </strong></p> + +<p>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. +</p> + +<p><strong>7. GENERAL</strong></p> + +<p>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. </p> + + + +<p>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.</p> + + + +<p>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. </p> + + + +<p>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. </p> + + + +<p>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.</p> + + +</tt> |