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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> | |
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