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