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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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