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| <p style="font-weight: bold; text-align: center">Common Public |
| License - v 1.0</p> |
| |
| <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 style="font-weight: bold">1. DEFINITIONS</p> |
| |
| <p>"Contribution" means:</p> |
| |
| <div style="margin-left: 2em">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:</div> |
| |
| <div style="margin-left: 2em">i) changes to the Program, and</div> |
| |
| <div style="margin-left: 2em">ii) additions to the Program;</div> |
| |
| <div style="margin-left: 2em">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.</div> |
| |
| <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 style="font-weight: bold">2. GRANT OF RIGHTS</p> |
| |
| <div style="margin-left: 2em">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.</div> |
| |
| <div style="margin-left: 2em">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.</div> |
| |
| <div style="margin-left: 2em">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.</div> |
| |
| <div style="margin-left: 2em">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.</div> |
| |
| <p style="font-weight: bold">3. REQUIREMENTS</p> |
| |
| <p>A Contributor may choose to distribute the Program in object |
| code form under its own license agreement, provided that:</p> |
| |
| <div style="margin-left: 2em">a) it complies with the terms and |
| conditions of this Agreement; and</div> |
| |
| <div style="margin-left: 2em">b) its license agreement:</div> |
| |
| <div style="margin-left: 2em">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;</div> |
| |
| <div style="margin-left: 2em">ii) effectively excludes on behalf of |
| all Contributors all liability for damages, including direct, |
| indirect, special, incidental and consequential damages, such as |
| lost profits;</div> |
| |
| <div style="margin-left: 2em">iii) states that any provisions which |
| differ from this Agreement are offered by that Contributor alone |
| and not by any other party; and</div> |
| |
| <div style="margin-left: 2em">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.</div> |
| |
| <p>When the Program is made available in source code form:</p> |
| |
| <div style="margin-left: 2em">a) it must be made available under |
| this Agreement; and</div> |
| |
| <div style="margin-left: 2em">b) a copy of this Agreement must be |
| included with each copy of the Program.</div> |
| |
| <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 style="font-weight: bold">4. COMMERCIAL DISTRIBUTION</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 style="font-weight: bold">5. NO WARRANTY</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 style="font-weight: bold">6. DISCLAIMER OF LIABILITY</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 style="font-weight: bold">7. GENERAL</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> |
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