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1Common Public License Version 1.0 2 3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC 4LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM 5CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 6 71. DEFINITIONS 8 9"Contribution" means: 10 11 a) in the case of the initial Contributor, the initial code and 12documentation distributed under this Agreement, and 13 14 b) in the case of each subsequent Contributor: 15 16 i) changes to the Program, and 17 18 ii) additions to the Program; 19 20 where such changes and/or additions to the Program originate from and are 21distributed by that particular Contributor. A Contribution 'originates' from a 22Contributor if it was added to the Program by such Contributor itself or anyone 23acting on such Contributor's behalf. Contributions do not include additions to 24the Program which: (i) are separate modules of software distributed in 25conjunction with the Program under their own license agreement, and (ii) are not 26derivative works of the Program. 27 28"Contributor" means any person or entity that distributes the Program. 29 30"Licensed Patents " mean patent claims licensable by a Contributor which are 31necessarily infringed by the use or sale of its Contribution alone or when 32combined with the Program. 33 34"Program" means the Contributions distributed in accordance with this Agreement. 35 36"Recipient" means anyone who receives the Program under this Agreement, 37including all Contributors. 38 392. GRANT OF RIGHTS 40 41 a) Subject to the terms of this Agreement, each Contributor hereby grants 42Recipient a non-exclusive, worldwide, royalty-free copyright license to 43reproduce, prepare derivative works of, publicly display, publicly perform, 44distribute and sublicense the Contribution of such Contributor, if any, and such 45derivative works, in source code and object code form. 46 47 b) Subject to the terms of this Agreement, each Contributor hereby grants 48Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed 49Patents to make, use, sell, offer to sell, import and otherwise transfer the 50Contribution of such Contributor, if any, in source code and object code form. 51This patent license shall apply to the combination of the Contribution and the 52Program if, at the time the Contribution is added by the Contributor, such 53addition of the Contribution causes such combination to be covered by the 54Licensed Patents. The patent license shall not apply to any other combinations 55which include the Contribution. No hardware per se is licensed hereunder. 56 57 c) Recipient understands that although each Contributor grants the licenses 58to its Contributions set forth herein, no assurances are provided by any 59Contributor that the Program does not infringe the patent or other intellectual 60property rights of any other entity. Each Contributor disclaims any liability to 61Recipient for claims brought by any other entity based on infringement of 62intellectual property rights or otherwise. As a condition to exercising the 63rights and licenses granted hereunder, each Recipient hereby assumes sole 64responsibility to secure any other intellectual property rights needed, if any. 65For example, if a third party patent license is required to allow Recipient to 66distribute the Program, it is Recipient's responsibility to acquire that license 67before distributing the Program. 68 69 d) Each Contributor represents that to its knowledge it has sufficient 70copyright rights in its Contribution, if any, to grant the copyright license set 71forth in this Agreement. 72 733. REQUIREMENTS 74 75A Contributor may choose to distribute the Program in object code form under its 76own license agreement, provided that: 77 78 a) it complies with the terms and conditions of this Agreement; and 79 80 b) its license agreement: 81 82 i) effectively disclaims on behalf of all Contributors all warranties and 83conditions, express and implied, including warranties or conditions of title and 84non-infringement, and implied warranties or conditions of merchantability and 85fitness for a particular purpose; 86 87 ii) effectively excludes on behalf of all Contributors all liability for 88damages, including direct, indirect, special, incidental and consequential 89damages, such as lost profits; 90 91 iii) states that any provisions which differ from this Agreement are offered 92by that Contributor alone and not by any other party; and 93 94 iv) states that source code for the Program is available from such 95Contributor, and informs licensees how to obtain it in a reasonable manner on or 96through a medium customarily used for software exchange. 97 98When the Program is made available in source code form: 99 100 a) it must be made available under this Agreement; and 101 102 b) a copy of this Agreement must be included with each copy of the Program. 103 104Contributors may not remove or alter any copyright notices contained within the 105Program. 106 107Each Contributor must identify itself as the originator of its Contribution, if 108any, in a manner that reasonably allows subsequent Recipients to identify the 109originator of the Contribution. 110 1114. COMMERCIAL DISTRIBUTION 112 113Commercial distributors of software may accept certain responsibilities with 114respect to end users, business partners and the like. While this license is 115intended to facilitate the commercial use of the Program, the Contributor who 116includes the Program in a commercial product offering should do so in a manner 117which does not create potential liability for other Contributors. Therefore, if 118a Contributor includes the Program in a commercial product offering, such 119Contributor ("Commercial Contributor") hereby agrees to defend and indemnify 120every other Contributor ("Indemnified Contributor") against any losses, damages 121and costs (collectively "Losses") arising from claims, lawsuits and other legal 122actions brought by a third party against the Indemnified Contributor to the 123extent caused by the acts or omissions of such Commercial Contributor in 124connection with its distribution of the Program in a commercial product 125offering. The obligations in this section do not apply to any claims or Losses 126relating to any actual or alleged intellectual property infringement. In order 127to qualify, an Indemnified Contributor must: a) promptly notify the Commercial 128Contributor in writing of such claim, and b) allow the Commercial Contributor to 129control, and cooperate with the Commercial Contributor in, the defense and any 130related settlement negotiations. The Indemnified Contributor may participate in 131any such claim at its own expense. 132 133For example, a Contributor might include the Program in a commercial product 134offering, Product X. That Contributor is then a Commercial Contributor. If that 135Commercial Contributor then makes performance claims, or offers warranties 136related to Product X, those performance claims and warranties are such 137Commercial Contributor's responsibility alone. Under this section, the 138Commercial Contributor would have to defend claims against the other 139Contributors related to those performance claims and warranties, and if a court 140requires any other Contributor to pay any damages as a result, the Commercial 141Contributor must pay those damages. 142 1435. NO WARRANTY 144 145EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN 146"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR 147IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, 148NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each 149Recipient is solely responsible for determining the appropriateness of using and 150distributing the Program and assumes all risks associated with its exercise of 151rights under this Agreement, including but not limited to the risks and costs of 152program errors, compliance with applicable laws, damage to or loss of data, 153programs or equipment, and unavailability or interruption of operations. 154 1556. DISCLAIMER OF LIABILITY 156 157EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY 158CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, 159SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST 160PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, 161STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY 162OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS 163GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 164 1657. GENERAL 166 167If any provision of this Agreement is invalid or unenforceable under applicable 168law, it shall not affect the validity or enforceability of the remainder of the 169terms of this Agreement, and without further action by the parties hereto, such 170provision shall be reformed to the minimum extent necessary to make such 171provision valid and enforceable. 172 173If Recipient institutes patent litigation against a Contributor with respect to 174a patent applicable to software (including a cross-claim or counterclaim in a 175lawsuit), then any patent licenses granted by that Contributor to such Recipient 176under this Agreement shall terminate as of the date such litigation is filed. In 177addition, if Recipient institutes patent litigation against any entity 178(including a cross-claim or counterclaim in a lawsuit) alleging that the Program 179itself (excluding combinations of the Program with other software or hardware) 180infringes such Recipient's patent(s), then such Recipient's rights granted under 181Section 2(b) shall terminate as of the date such litigation is filed. 182 183All Recipient's rights under this Agreement shall terminate if it fails to 184comply with any of the material terms or conditions of this Agreement and does 185not cure such failure in a reasonable period of time after becoming aware of 186such noncompliance. If all Recipient's rights under this Agreement terminate, 187Recipient agrees to cease use and distribution of the Program as soon as 188reasonably practicable. However, Recipient's obligations under this Agreement 189and any licenses granted by Recipient relating to the Program shall continue and 190survive. 191 192Everyone is permitted to copy and distribute copies of this Agreement, but in 193order to avoid inconsistency the Agreement is copyrighted and may only be 194modified in the following manner. The Agreement Steward reserves the right to 195publish new versions (including revisions) of this Agreement from time to time. 196No one other than the Agreement Steward has the right to modify this Agreement. 197IBM is the initial Agreement Steward. IBM may assign the responsibility to serve 198as the Agreement Steward to a suitable separate entity. Each new version of the 199Agreement will be given a distinguishing version number. The Program (including 200Contributions) may always be distributed subject to the version of the Agreement 201under which it was received. In addition, after a new version of the Agreement 202is published, Contributor may elect to distribute the Program (including its 203Contributions) under the new version. Except as expressly stated in Sections 2042(a) and 2(b) above, Recipient receives no rights or licenses to the 205intellectual property of any Contributor under this Agreement, whether 206expressly, by implication, estoppel or otherwise. All rights in the Program not 207expressly granted under this Agreement are reserved. 208 209This Agreement is governed by the laws of the State of New York and the 210intellectual property laws of the United States of America. No party to this 211Agreement will bring a legal action under this Agreement more than one year 212after the cause of action arose. Each party waives its rights to a jury trial in 213any resulting litigation.