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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>
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