| <!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> | |
| <!-- saved from url=(0040)http://www.openafs.org/dl/license10.html --> | |
| <HTML><HEAD><TITLE>IBM Public License Version 1.0</TITLE> | |
| <META content="IBM Public License Version 1.0" name=ABSTRACT> | |
| <META content="IBM Public License Version 1.0" name=DESCRIPTION> | |
| <META http-equiv=Content-Type content="text/html; charset=iso-8859-1"> | |
| <META content="MSHTML 6.00.2800.1491" name=GENERATOR></HEAD> | |
| <BODY text=#000000 bgColor=#ffffff leftMargin=2 topMargin=2 marginheight="2" | |
| marginwidth="2"> | |
| <TABLE cellSpacing=0 cellPadding=0 width="100%" border=0> | |
| <TBODY> | |
| <TR> | |
| <TD width=5 rowSpan=2><SPACER width="5" type="block"></TD> | |
| <TD vAlign=top><BR><FONT face="HELVETICA, HELV, ARIAL" size=+1>IBM Public | |
| License Version 1.0</FONT> <FONT face="HELVETICA, HELV, ARIAL" size=-1> | |
| <P><FONT size=2>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.</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 International Business Machines | |
| Corporation ("IBM"), the Original Program, and </FONT></UL> | |
| <UL><FONT size=2>b) in the case of each 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 IBM and any other 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>"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.</FONT> | |
| <P><FONT size=2></FONT> | |
| <P><FONT size=2></FONT><FONT size=2>"Program" means the Original Program | |
| and Contributions.</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 color=#ff0000> </FONT></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 color=#008000> </FONT></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 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) 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 color=#0000ff> </FONT><FONT | |
| color=#ff0000></FONT></FONT></UL> | |
| <UL><FONT size=2><FONT color=#ff0000></FONT></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 color=#0000ff></FONT></FONT> | |
| <P><FONT size=2><FONT color=#0000ff></FONT></FONT><FONT size=2>Each | |
| Contributor must include the following in a conspicuous location in the | |
| Program: </FONT> | |
| <P><FONT size=2></FONT> | |
| <UL><FONT size=2>Copyright ©<FONT color=#ff0000> </FONT><FONT | |
| color=green>{date here}</FONT></FONT><FONT size=2>, International | |
| Business Machines Corporation and others. All Rights Reserved. | |
| </FONT></UL> | |
| <P><FONT size=2></FONT> | |
| <P><FONT size=2>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. | |
| </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 color=#0000ff></FONT></FONT> | |
| <P><FONT size=2><FONT color=#0000ff></FONT></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 (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.</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>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</FONT><FONT size=2>. </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.</FONT><FONT size=2> | |
| Each party waives its rights to a jury trial in any resulting litigation. | |
| </FONT></P></FONT></TD></TR></TBODY></TABLE></BODY></HTML> |