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| <p align="center"><b>Common Public License - v 1.0</b> |
| </p><p><b></b><font size="3"></font> |
| </p><p><font size="3"></font><font size="2">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.</font> |
| </p><p><font size="2"></font> |
| </p><p><font size="2"><b>1. DEFINITIONS</b></font> |
| </p><p><font size="2">"Contribution" means:</font> |
| |
| </p><ul><font size="2">a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and<br clear="left"> |
| b) in the case of each subsequent Contributor:</font></ul> |
| |
| |
| <ul><font size="2">i) changes to the Program, and</font></ul> |
| |
| |
| <ul><font size="2">ii) additions to the Program;</font></ul> |
| |
| |
| <ul><font size="2">where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. </font><font size="2">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. </font><font size="2">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. </font></ul> |
| |
| <p><font size="2"></font> |
| </p><p><font size="2">"Contributor" means any person or entity that distributes the Program.</font> |
| </p><p><font size="2"></font><font size="2"></font> |
| </p><p><font size="2">"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. </font> |
| </p><p><font size="2"></font><font size="2"></font> |
| </p><p><font size="2"></font><font size="2">"Program" means the Contributions distributed in accordance with this Agreement.</font> |
| </p><p><font size="2"></font> |
| </p><p><font size="2">"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.</font> |
| </p><p><font size="2"><b></b></font> |
| </p><p><font size="2"><b>2. GRANT OF RIGHTS</b></font> |
| |
| </p><ul><font size="2"></font><font size="2">a) </font><font size="2">Subject to the terms of this Agreement, each Contributor hereby grants</font><font size="2"> Recipient a non-exclusive, worldwide, royalty-free copyright license to</font><font color="#ff0000" size="2"> </font><font size="2">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.</font></ul> |
| |
| |
| <ul><font size="2"></font></ul> |
| |
| |
| <ul><font size="2"></font><font size="2">b) Subject to the terms of this Agreement, each Contributor hereby grants </font><font size="2">Recipient a non-exclusive, worldwide,</font><font color="#008000" size="2"> </font><font size="2">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. </font></ul> |
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| |
| <ul><font size="2"></font></ul> |
| |
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| <ul><font size="2">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.</font></ul> |
| |
| |
| <ul><font size="2"></font></ul> |
| |
| |
| <ul><font size="2">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. </font></ul> |
| |
| |
| <ul><font size="2"></font></ul> |
| |
| <p><font size="2"><b>3. REQUIREMENTS</b></font> |
| </p><p><font size="2"><b></b>A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:</font> |
| |
| </p><ul><font size="2">a) it complies with the terms and conditions of this Agreement; and</font></ul> |
| |
| |
| <ul><font size="2">b) its license agreement:</font></ul> |
| |
| |
| <ul><font size="2">i) effectively disclaims</font><font size="2"> 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; </font></ul> |
| |
| |
| <ul><font size="2">ii) effectively excludes on behalf of all |
| Contributors all liability for damages, including direct, indirect, |
| special, incidental and consequential damages, such as lost profits; </font></ul> |
| |
| |
| <ul><font size="2">iii)</font><font size="2"> states that any |
| provisions which differ from this Agreement are offered by that |
| Contributor alone and not by any other party; and</font></ul> |
| |
| |
| <ul><font size="2">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.</font><font color="#0000ff" size="2"> </font><font color="#ff0000" size="2"></font></ul> |
| |
| |
| <ul><font color="#ff0000" size="2"></font><font size="2"></font></ul> |
| |
| <p><font size="2">When the Program is made available in source code form:</font> |
| |
| </p><ul><font size="2">a) it must be made available under this Agreement; and </font></ul> |
| |
| |
| <ul><font size="2">b) a copy of this Agreement must be included with each copy of the Program. </font></ul> |
| |
| <p><font size="2"></font><font color="#0000ff" size="2"><strike></strike></font> |
| </p><p><font color="#0000ff" size="2"><strike></strike></font><font size="2">Contributors may not remove or alter any copyright notices contained within the Program. </font> |
| </p><p><font size="2"></font> |
| </p><p><font size="2">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. </font> |
| </p><p><font size="2"></font> |
| </p><p><font size="2"><b>4. COMMERCIAL DISTRIBUTION</b></font> |
| </p><p><font size="2">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.</font> |
| </p><p><font size="2"></font> |
| </p><p><font size="2">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.</font> |
| </p><p><font size="2"></font><font color="#0000ff" size="2"></font> |
| </p><p><font color="#0000ff" size="2"></font><font size="2"><b>5. NO WARRANTY</b></font> |
| </p><p><font size="2">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</font><font size="2"> solely responsible for determining the appropriateness of using and distributing </font><font size="2">the Program</font><font size="2"> and assumes all risks associated with its exercise of rights under this Agreement</font><font size="2">, |
| including but not limited to the risks and costs of program errors, |
| compliance with applicable laws, damage to or loss of data, </font><font size="2">programs or equipment, and unavailability or interruption of operations</font><font size="2">. </font><font size="2"></font> |
| </p><p><font size="2"></font> |
| </p><p><font size="2"></font><font size="2"><b>6. DISCLAIMER OF LIABILITY</b></font> |
| </p><p><font size="2"></font><font size="2">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 </font><font size="2">(INCLUDING WITHOUT LIMITATION LOST PROFITS),</font><font size="2"> |
| 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.</font> |
| </p><p><font size="2"></font><font size="2"></font> |
| </p><p><font size="2"><b>7. GENERAL</b></font> |
| </p><p><font size="2"></font><font size="2">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.</font> |
| </p><p><font size="2"></font> |
| </p><p><font size="2">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. </font><font size="2"></font> |
| </p><p><font size="2"></font> |
| </p><p><font size="2">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. </font><font size="2"></font> |
| </p><p><font size="2"></font> |
| </p><p><font size="2"></font><font size="2">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 </font><font size="2">publish new versions (including revisions) of this Agreement from time to </font><font size="2">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. </font><font size="2">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 </font><font size="2">version. </font><font size="2">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, </font><font size="2">by implication, estoppel or otherwise</font><font size="2">.</font><font size="2"> All rights in the Program not expressly granted under this Agreement are reserved.</font> |
| </p><p><font size="2"></font> |
| </p><p><font size="2">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.</font> |
| </p><p><font size="2"></font><font size="2"></font> |
| </p><p><font size="2"></font> |
| |
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