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<H1>Common Public License Version 0.5</H1><TT> | |
<P><FONT face="Courier New, Courier, mono">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> | |
<P><FONT face="Courier New, Courier, mono"><B>1. DEFINITIONS | |
</B></FONT></P> | |
<P><FONT face="Courier New, Courier, mono">"Contribution" | |
means:</FONT></P> | |
<BLOCKQUOTE> | |
<P><FONT face="Courier New, Courier, mono">a) in the case of the initial | |
Contributor, the initial code and documentation distributed under this | |
Agreement, and </FONT></P> | |
<P><FONT face="Courier New, Courier, mono">b) in the case of each | |
subsequent Contributor:</FONT></P> | |
<P><FONT face="Courier New, Courier, mono">i) changes to the Program, | |
and</FONT></P> | |
<P><FONT face="Courier New, Courier, mono">ii) additions to the | |
Program;</FONT></P> | |
<P><FONT face="Courier New, Courier, mono">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.</FONT></P></BLOCKQUOTE> | |
<P><FONT face="Courier New, Courier, mono">"Contributor" means any person | |
or entity that distributes the Program. </FONT></P> | |
<P><FONT face="Courier New, Courier, mono">"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> | |
<P><FONT face="Courier New, Courier, mono">"Program" means the | |
Contributions distributed in accordance with this Agreement. </FONT></P> | |
<P><FONT face="Courier New, Courier, mono">"Recipient" means anyone who | |
receives the Program under this Agreement, including all Contributors. | |
</FONT></P> | |
<P><FONT face="Courier New, Courier, mono"><B>2. GRANT OF | |
RIGHTS</B></FONT></P> | |
<BLOCKQUOTE> | |
<P><FONT face="Courier New, Courier, mono">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.</FONT></P> | |
<P><FONT face="Courier New, Courier, mono">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.</FONT></P> | |
<P><FONT face="Courier New, Courier, mono">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></P> | |
<P><FONT face="Courier New, Courier, mono">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></P></BLOCKQUOTE> | |
<P><FONT face="Courier New, Courier, mono"><STRONG>3. | |
REQUIREMENTS</STRONG> </FONT></P> | |
<P><FONT face="Courier New, Courier, mono">A Contributor may choose to | |
distribute the Program in object code form under its own license | |
agreement, provided that: </FONT></P> | |
<BLOCKQUOTE> | |
<P><FONT face="Courier New, Courier, mono">a) it complies with the terms | |
and conditions of this Agreement; and</FONT></P> | |
<P><FONT face="Courier New, Courier, mono">b) its license | |
agreement:</FONT></P> | |
<P><FONT face="Courier New, Courier, mono">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></P> | |
<P><FONT face="Courier New, Courier, mono">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></P> | |
<P><FONT face="Courier New, Courier, mono">iii) states that any | |
provisions which differ from this Agreement are offered by that | |
Contributor alone and not by any other party; and </FONT></P> | |
<P><FONT face="Courier New, Courier, mono">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></P></BLOCKQUOTE> | |
<P><FONT face="Courier New, Courier, mono">When the Program is made | |
available in source code form:</FONT></P> | |
<BLOCKQUOTE> | |
<P><FONT face="Courier New, Courier, mono">a) it must be made available | |
under this Agreement; and</FONT></P> | |
<P><FONT face="Courier New, Courier, mono">b) a copy of this Agreement | |
must be included with each copy of the Program. </FONT></P></BLOCKQUOTE> | |
<P><FONT face="Courier New, Courier, mono">Contributors may not remove or | |
alter any copyright notices contained within the Program.</FONT></P> | |
<P><FONT face="Courier New, Courier, mono">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> | |
<P><FONT face="Courier New, Courier, mono"><STRONG>4. COMMERCIAL | |
DISTRIBUTION</STRONG> </FONT></P> | |
<P><FONT face="Courier New, Courier, mono">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> | |
<P><FONT face="Courier New, Courier, mono">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> | |
<P><FONT face="Courier New, Courier, mono"><STRONG>5. NO | |
WARRANTY</STRONG></FONT></P> | |
<P><FONT face="Courier New, Courier, mono">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. </FONT></P> | |
<P><FONT face="Courier New, Courier, mono"><STRONG>6. DISCLAIMER OF | |
LIABILITY </STRONG></FONT></P> | |
<P><FONT face="Courier New, Courier, mono">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> | |
<P><FONT face="Courier New, Courier, mono"><STRONG>7. | |
GENERAL</STRONG></FONT></P> | |
<P><FONT face="Courier New, Courier, mono">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> | |
<P><FONT face="Courier New, Courier, mono">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></P> | |
<P><FONT face="Courier New, Courier, mono">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></P> | |
<P><FONT face="Courier New, Courier, mono">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. </FONT></P> | |
<P><FONT face="Courier New, Courier, mono">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></P></TT></FONT></TD></TR></TBODY></TABLE> | |
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