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| <P align=center><B>Common Public License - v 1.0</B> |
| <P><B></B><FONT size=3></FONT> |
| <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><FONT size=2></FONT> |
| <P><FONT size=2><B>1. DEFINITIONS</B></FONT> |
| <P><FONT size=2>"Contribution" means:</FONT> |
| <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><FONT size=2>"Contributor" means any person or entity that distributes the |
| Program.</FONT> |
| <P><FONT size=2></FONT><FONT size=2></FONT> |
| <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><FONT size=2></FONT><FONT size=2></FONT> |
| <P><FONT size=2></FONT><FONT size=2>"Program" means the Contributions |
| distributed in accordance with this Agreement.</FONT> |
| <P><FONT size=2></FONT> |
| <P><FONT size=2>"Recipient" means anyone who receives the Program under this |
| Agreement, including all Contributors.</FONT> |
| <P><FONT size=2><B></B></FONT> |
| <P><FONT size=2><B>2. GRANT OF RIGHTS</B></FONT> |
| <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> |
| <UL><FONT size=2></FONT></UL> |
| <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><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> |
| <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> |
| <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><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><FONT size=2></FONT> |
| <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><FONT size=2></FONT> |
| <P><FONT size=2><B>4. COMMERCIAL DISTRIBUTION</B></FONT> |
| <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><FONT size=2></FONT> |
| <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><FONT size=2></FONT><FONT color=#0000ff size=2></FONT> |
| <P><FONT color=#0000ff size=2></FONT><FONT size=2><B>5. NO WARRANTY</B></FONT> |
| <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><FONT size=2></FONT> |
| <P><FONT size=2></FONT><FONT size=2><B>6. DISCLAIMER OF LIABILITY</B></FONT> |
| <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><FONT size=2></FONT><FONT size=2></FONT> |
| <P><FONT size=2><B>7. GENERAL</B></FONT> |
| <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><FONT size=2></FONT> |
| <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><FONT size=2></FONT> |
| <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><FONT size=2></FONT> |
| <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><FONT size=2></FONT> |
| <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> |
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