1N/ACommon Public License Version 1.0
1N/ATHE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
1N/ALICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
1N/ACONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1N/A"Contribution" means:
1N/Aa) in the case of the initial Contributor, the initial code and
1N/Adocumentation distributed under this Agreement, and
1N/Ab) in the case of each subsequent Contributor:
1N/Ai) changes to the Program, and
1N/Aii) additions to the Program;
1N/Awhere such changes
and/or additions to the Program originate from and are
1N/Adistributed by that particular Contributor. A Contribution 'originates' from a
1N/AContributor if it was added to the Program by such Contributor itself or anyone
1N/Aacting on such Contributor's behalf. Contributions do not include additions to
1N/Athe Program which: (i) are separate modules of software distributed in
1N/Aconjunction with the Program under their own license agreement, and (ii) are not
1N/Aderivative works of the Program.
1N/A"Contributor" means any person or entity that distributes the Program.
1N/A"Licensed Patents " mean patent claims licensable by a Contributor which are
1N/Anecessarily infringed by the use or sale of its Contribution alone or when
1N/Acombined with the Program.
1N/A"Program" means the Contributions distributed in accordance with this Agreement.
1N/A"Recipient" means anyone who receives the Program under this Agreement,
1N/Aincluding all Contributors.
1N/Aa) Subject to the terms of this Agreement, each Contributor hereby grants
1N/ARecipient a non-exclusive, worldwide, royalty-free copyright license to
1N/Areproduce, prepare derivative works of, publicly display, publicly perform,
1N/Adistribute and sublicense the Contribution of such Contributor, if any, and such
1N/Aderivative works, in source code and object code form.
1N/Ab) Subject to the terms of this Agreement, each Contributor hereby grants
1N/ARecipient a non-exclusive, worldwide, royalty-free patent license under Licensed
1N/APatents to make, use, sell, offer to sell, import and otherwise transfer the
1N/AContribution of such Contributor, if any, in source code and object code form.
1N/AThis patent license shall apply to the combination of the Contribution and the
1N/AProgram if, at the time the Contribution is added by the Contributor, such
1N/Aaddition of the Contribution causes such combination to be covered by the
1N/ALicensed Patents. The patent license shall not apply to any other combinations
1N/Awhich include the Contribution. No hardware per se is licensed hereunder.
1N/Ac) Recipient understands that although each Contributor grants the licenses
1N/Ato its Contributions set forth herein, no assurances are provided by any
1N/AContributor that the Program does not infringe the patent or other intellectual
1N/Aproperty rights of any other entity. Each Contributor disclaims any liability to
1N/ARecipient for claims brought by any other entity based on infringement of
1N/Aintellectual property rights or otherwise. As a condition to exercising the
1N/Arights and licenses granted hereunder, each Recipient hereby assumes sole
1N/Aresponsibility to secure any other intellectual property rights needed, if any.
1N/AFor example, if a third party patent license is required to allow Recipient to
1N/Adistribute the Program, it is Recipient's responsibility to acquire that license
1N/Abefore distributing the Program.
1N/Ad) Each Contributor represents that to its knowledge it has sufficient
1N/Acopyright rights in its Contribution, if any, to grant the copyright license set
1N/Aforth in this Agreement.
1N/AA Contributor may choose to distribute the Program in object code form under its
1N/Aown license agreement, provided that:
1N/Aa) it complies with the terms and conditions of this Agreement; and
1N/Ab) its license agreement:
1N/Ai) effectively disclaims on behalf of all Contributors all warranties and
1N/Aconditions, express and implied, including warranties or conditions of title and
1N/Anon-infringement, and implied warranties or conditions of merchantability and
1N/Afitness for a particular purpose;
1N/Aii) effectively excludes on behalf of all Contributors all liability for
1N/Adamages, including direct, indirect, special, incidental and consequential
1N/Adamages, such as lost profits;
1N/Aiii) states that any provisions which differ from this Agreement are offered
1N/Aby that Contributor alone and not by any other party; and
1N/Aiv) states that source code for the Program is available from such
1N/AContributor, and informs licensees how to obtain it in a reasonable manner on or
1N/Athrough a medium customarily used for software exchange.
1N/AWhen the Program is made available in source code form:
1N/Aa) it must be made available under this Agreement; and
1N/Ab) a copy of this Agreement must be included with each copy of the Program.
1N/AContributors may not remove or alter any copyright notices contained within the
1N/AEach Contributor must identify itself as the originator of its Contribution, if
1N/Aany, in a manner that reasonably allows subsequent Recipients to identify the
1N/Aoriginator of the Contribution.
1N/A4. COMMERCIAL DISTRIBUTION
1N/ACommercial distributors of software may accept certain responsibilities with
1N/Arespect to end users, business partners and the like. While this license is
1N/Aintended to facilitate the commercial use of the Program, the Contributor who
1N/Aincludes the Program in a commercial product offering should do so in a manner
1N/Awhich does not create potential liability for other Contributors. Therefore, if
1N/Aa Contributor includes the Program in a commercial product offering, such
1N/AContributor ("Commercial Contributor") hereby agrees to defend and indemnify
1N/Aevery other Contributor ("Indemnified Contributor") against any losses, damages
1N/Aand costs (collectively "Losses") arising from claims, lawsuits and other legal
1N/Aactions brought by a third party against the Indemnified Contributor to the
1N/Aextent caused by the acts or omissions of such Commercial Contributor in
1N/Aconnection with its distribution of the Program in a commercial product
1N/Aoffering. The obligations in this section do not apply to any claims or Losses
1N/Arelating to any actual or alleged intellectual property infringement. In order
1N/Ato qualify, an Indemnified Contributor must: a) promptly notify the Commercial
1N/AContributor in writing of such claim, and b) allow the Commercial Contributor to
1N/Acontrol, and cooperate with the Commercial Contributor in, the defense and any
1N/Arelated settlement negotiations. The Indemnified Contributor may participate in
1N/Aany such claim at its own expense.
1N/AFor example, a Contributor might include the Program in a commercial product
1N/Aoffering, Product X. That Contributor is then a Commercial Contributor. If that
1N/ACommercial Contributor then makes performance claims, or offers warranties
1N/Arelated to Product X, those performance claims and warranties are such
1N/ACommercial Contributor's responsibility alone. Under this section, the
1N/ACommercial Contributor would have to defend claims against the other
1N/AContributors related to those performance claims and warranties, and if a court
1N/Arequires any other Contributor to pay any damages as a result, the Commercial
1N/AContributor must pay those damages.
1N/AEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
1N/A"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
1N/AIMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
1N/ANON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
1N/ARecipient is solely responsible for determining the appropriateness of using and
1N/Adistributing the Program and assumes all risks associated with its exercise of
1N/Arights under this Agreement, including but not limited to the risks and costs of
1N/Aprogram errors, compliance with applicable laws, damage to or loss of data,
1N/Aprograms or equipment, and unavailability or interruption of operations.
1N/A6. DISCLAIMER OF LIABILITY
1N/AEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
1N/ACONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
1N/ASPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
1N/APROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
1N/ASTRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
1N/AOUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
1N/AGRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
1N/AIf any provision of this Agreement is invalid or unenforceable under applicable
1N/Alaw, it shall not affect the validity or enforceability of the remainder of the
1N/Aterms of this Agreement, and without further action by the parties hereto, such
1N/Aprovision shall be reformed to the minimum extent necessary to make such
1N/Aprovision valid and enforceable.
1N/AIf Recipient institutes patent litigation against a Contributor with respect to
1N/Aa patent applicable to software (including a cross-claim or counterclaim in a
1N/Alawsuit), then any patent licenses granted by that Contributor to such Recipient
1N/Aunder this Agreement shall terminate as of the date such litigation is filed. In
1N/Aaddition, if Recipient institutes patent litigation against any entity
1N/A(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
1N/Aitself (excluding combinations of the Program with other software or hardware)
1N/Ainfringes such Recipient's patent(s), then such Recipient's rights granted under
1N/ASection 2(b) shall terminate as of the date such litigation is filed.
1N/AAll Recipient's rights under this Agreement shall terminate if it fails to
1N/Acomply with any of the material terms or conditions of this Agreement and does
1N/Anot cure such failure in a reasonable period of time after becoming aware of
1N/Asuch noncompliance. If all Recipient's rights under this Agreement terminate,
1N/ARecipient agrees to cease use and distribution of the Program as soon as
1N/Areasonably practicable. However, Recipient's obligations under this Agreement
1N/Aand any licenses granted by Recipient relating to the Program shall continue and
1N/AEveryone is permitted to copy and distribute copies of this Agreement, but in
1N/Aorder to avoid inconsistency the Agreement is copyrighted and may only be
1N/Amodified in the following manner. The Agreement Steward reserves the right to
1N/Apublish new versions (including revisions) of this Agreement from time to time.
1N/ANo one other than the Agreement Steward has the right to modify this Agreement.
1N/AIBM is the initial Agreement Steward. IBM may assign the responsibility to serve
1N/Aas the Agreement Steward to a suitable separate entity. Each new version of the
1N/AAgreement will be given a distinguishing version number. The Program (including
1N/AContributions) may always be distributed subject to the version of the Agreement
1N/Aunder which it was received. In addition, after a new version of the Agreement
1N/Ais published, Contributor may elect to distribute the Program (including its
1N/AContributions) under the new version. Except as expressly stated in Sections
1N/A2(a) and 2(b) above, Recipient receives no rights or licenses to the
1N/Aintellectual property of any Contributor under this Agreement, whether
1N/Aexpressly, by implication, estoppel or otherwise. All rights in the Program not
1N/Aexpressly granted under this Agreement are reserved.
1N/AThis Agreement is governed by the laws of the State of New York and the
1N/Aintellectual property laws of the United States of America. No party to this
1N/AAgreement will bring a legal action under this Agreement more than one year
1N/Aafter the cause of action arose. Each party waives its rights to a jury trial in
1N/Aany resulting litigation.