64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff+------------------------------------------------------------------------------+

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff| This license covers all software that refers to the URL |

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff| http://www.opensource.org/licenses/cpl1.0.txt |

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff+------------------------------------------------------------------------------+

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael GraffCommon Public License Version 1.0

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff 1. DEFINITIONS

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff "Contribution" means:

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff a) in the case of the initial Contributor, the initial code and

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff documentation distributed under this Agreement, and

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff b) in the case of each subsequent Contributor:

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff i) changes to the Program, and

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff ii) additions to the Program;

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff where such changes and/or additions to the Program originate from

8cd870e3f5e3db9808a4a0d6f98db3d1a5348e40Michael Graff and are distributed by that particular Contributor. A Contribution

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff 'originates' from a Contributor if it was added to the Program by

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff such Contributor itself or anyone acting on such Contributor's

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff behalf. Contributions do not include additions to the Program

ed019cabc1cc75d4412010c331876e4ae5080a4dDavid Lawrence which: (i) are separate modules of software distributed in

ed019cabc1cc75d4412010c331876e4ae5080a4dDavid Lawrence conjunction with the Program under their own license agreement, and

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff (ii) are not derivative works of the Program.

01933e930208da3291de3722cb0d0787636b1e4fMichael Graff

ed019cabc1cc75d4412010c331876e4ae5080a4dDavid Lawrence "Contributor" means any person or entity that distributes the Program.

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff "Licensed Patents " mean patent claims licensable by a Contributor

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff which are necessarily infringed by the use or sale of its Contribution

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff alone or when combined with the Program.

8cd870e3f5e3db9808a4a0d6f98db3d1a5348e40Michael Graff

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff "Program" means the Contributions distributed in accordance with this

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff Agreement.

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff

58ff88cca7c169f7fbebc9b6e93bbba1fb345157Michael Graff "Recipient" means anyone who receives the Program under this

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff Agreement, including all Contributors.

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff 2. GRANT OF RIGHTS

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff a) Subject to the terms of this Agreement, each Contributor hereby

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff grants Recipient a non-exclusive, worldwide, royalty-free copyright

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff license to reproduce, prepare derivative works of, publicly

8cd870e3f5e3db9808a4a0d6f98db3d1a5348e40Michael Graff display, publicly perform, distribute and sublicense the

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff Contribution of such Contributor, if any, and such derivative

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff works, in source code and object code form.

01933e930208da3291de3722cb0d0787636b1e4fMichael Graff

ed019cabc1cc75d4412010c331876e4ae5080a4dDavid Lawrence b) Subject to the terms of this Agreement, each Contributor hereby

7a166c5c61a5aaa6eeb929bed152dc0a6b128e3dMichael Graff grants Recipient a non-exclusive, worldwide, royalty-free patent

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff license under Licensed Patents to make, use, sell, offer to sell,

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff import and otherwise transfer the Contribution of such Contributor,

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff if any, in source code and object code form. This patent license

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff shall apply to the combination of the Contribution and the Program

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff if, at the time the Contribution is added by the Contributor, such

17614edd7ea480ae71050e84c9839457e99bfb17Michael Graff addition of the Contribution causes such combination to be covered

8cd870e3f5e3db9808a4a0d6f98db3d1a5348e40Michael Graff by the Licensed Patents. The patent license shall not apply to any

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff other combinations which include the Contribution. No hardware per

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff se is licensed hereunder.

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff

8cd870e3f5e3db9808a4a0d6f98db3d1a5348e40Michael Graff c) Recipient understands that although each Contributor grants the

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff licenses to its Contributions set forth herein, no assurances are

58ff88cca7c169f7fbebc9b6e93bbba1fb345157Michael Graff provided by any Contributor that the Program does not infringe the

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff patent or other intellectual property rights of any other entity.

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff Each Contributor disclaims any liability to Recipient for claims

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff brought by any other entity based on infringement of intellectual

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff property rights or otherwise. As a condition to exercising the

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff rights and licenses granted hereunder, each Recipient hereby

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff assumes sole responsibility to secure any other intellectual

e4f074a2c2340ea80099beebecc3b89aa234fa8fMichael Graff property rights needed, if any. For example, if a third party

8cd870e3f5e3db9808a4a0d6f98db3d1a5348e40Michael Graff patent license is required to allow Recipient to distribute the

64bed6c54393c2d213db83e9b171fb7c318cfc8eMichael Graff Program, it is Recipient's responsibility to acquire that license

before distributing the Program.

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.

3. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form

under its own license agreement, provided that:

a) it complies with the terms and conditions of this Agreement; and

b) its license agreement:

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;

ii) effectively excludes on behalf of all Contributors all

liability for damages, including direct, indirect, special,

incidental and consequential damages, such as lost profits;

iii) states that any provisions which differ from this Agreement

are offered by that Contributor alone and not by any other party;

and

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.

When the Program is made available in source code form:

a) it must be made available under this Agreement; and

b) 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.

Copyright (c) 2004 by the Open Source Initiative

This is a copy of the license posted on 2004-10-06 at:

http://www.opensource.org/licenses/cpl