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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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