Common Public License - V1.0
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.
1. DEFINITIONS
"Contribution" means:
1. in the case of the initial Contributor, the initial code and
documentation distributed under this Agreement, and
2. in the case of each subsequent Contributor:
1. changes to the Program, and
2. additions to the Program;
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.
"Contributor" means any person or entity that distributes the Program.
"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.
"Program" means the Contributions distributed in accordance with this
Agreement.
"Recipient" means anyone who receives the Program under this Agreement,
including all Contributors.
2. GRANT OF RIGHTS
1. 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.
2. 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.
3. 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.
4. 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.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form
under its own license agreement, provided that:
1. it complies with the terms and conditions of this Agreement;
and
2. its license agreement:
1. 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;
2. effectively excludes on behalf of all Contributors
all liability for damages, including direct, indirect,
special, incidental and consequential damages, such as
lost profits;
3. states that any provisions which differ from this
Agreement are offered by that Contributor alone and not
by any other party; and
4. 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.
When the Program is made available in source code form:
1. it must be made available under this Agreement; and
2. a copy of this Agreement must be included with each
copy of the Program.
Contributors may not remove or alter any copyright notices
contained within the Program.
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.
4. COMMERCIAL DISTRIBUTION
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.
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.
5. NO WARRANTY
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.
6. DISCLAIMER OF LIABILITY
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.
7. GENERAL
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.
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.
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.
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.
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.