IBM Public License Version 1.0 | |
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM 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 International Business Machines Corporation ("IBM"), the Original Program, and | |
b) in the case of each 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 IBM and any other 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. | |
"Original Program" means the original version of the software accompanying this Agreement as released by IBM, | |
including source code, object code and documentation, if any. | |
"Program" means the Original Program and Contributions. | |
"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. | |
Each Contributor must include the following in a conspicuous location in the Program: | |
Copyright © {date here}, International Business Machines Corporation and others. All Rights Reserved. | |
In addition, 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. | |
IBM may publish new versions (including revisions) of this Agreement from time to time. 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. No one other than IBM has the right to modify this Agreement. 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. |