830N/ACommon Public License Version 1.0
830N/ATHE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
830N/ALICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
830N/ACONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
830N/Aa) in the case of the initial Contributor, the initial code and
830N/Adocumentation distributed under this Agreement, and
830N/Ab) in the case of each subsequent Contributor:
830N/Ai) changes to the Program, and
830N/Aii) additions to the Program;
830N/Awhere such changes
and/or additions to the Program originate from and are
830N/Adistributed by that particular Contributor. A Contribution 'originates' from a
830N/AContributor if it was added to the Program by such Contributor itself or anyone
830N/Aacting on such Contributor's behalf. Contributions do not include additions to
830N/Athe Program which: (i) are separate modules of software distributed in
830N/Aconjunction with the Program under their own license agreement, and (ii) are not
830N/Aderivative works of the Program.
830N/A"Contributor" means any person or entity that distributes the Program.
830N/A"Licensed Patents " mean patent claims licensable by a Contributor which are
830N/Anecessarily infringed by the use or sale of its Contribution alone or when
830N/Acombined with the Program.
830N/A"Program" means the Contributions distributed in accordance with this Agreement.
830N/A"Recipient" means anyone who receives the Program under this Agreement,
830N/A including all Contributors.
830N/A a) Subject to the terms of this Agreement, each Contributor hereby grants
830N/A Recipient a non-exclusive, worldwide, royalty-free copyright license to
830N/A reproduce, prepare derivative works of, publicly display, publicly perform,
830N/A distribute and sublicense the Contribution of such Contributor, if any, and such
830N/A derivative works, in source code and object code form.
830N/A b) Subject to the terms of this Agreement, each Contributor hereby grants
830N/A Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
830N/A Patents to make, use, sell, offer to sell, import and otherwise transfer the
830N/A Contribution of such Contributor, if any, in source code and object code form.
830N/A This patent license shall apply to the combination of the Contribution and the
830N/A Program if, at the time the Contribution is added by the Contributor, such
830N/A addition of the Contribution causes such combination to be covered by the
830N/A Licensed Patents. The patent license shall not apply to any other combinations
830N/A which include the Contribution. No hardware per se is licensed hereunder.
830N/A c) Recipient understands that although each Contributor grants the licenses
830N/A to its Contributions set forth herein, no assurances are provided by any
830N/A Contributor that the Program does not infringe the patent or other intellectual
830N/A property rights of any other entity. Each Contributor disclaims any liability to
830N/A Recipient for claims brought by any other entity based on infringement of
830N/A intellectual property rights or otherwise. As a condition to exercising the
830N/A rights and licenses granted hereunder, each Recipient hereby assumes sole
830N/A responsibility to secure any other intellectual property rights needed, if any.
830N/A For example, if a third party patent license is required to allow Recipient to
830N/A distribute the Program, it is Recipient's responsibility to acquire that license
830N/A before distributing the Program.
830N/A d) Each Contributor represents that to its knowledge it has sufficient
830N/A copyright rights in its Contribution, if any, to grant the copyright license set
830N/A forth in this Agreement.
830N/A A Contributor may choose to distribute the Program in object code form under its
830N/A own license agreement, provided that:
830N/A a) it complies with the terms and conditions of this Agreement; and
830N/A b) its license agreement:
830N/A i) effectively disclaims on behalf of all Contributors all warranties and
830N/A conditions, express and implied, including warranties or conditions of title and
830N/A non-infringement, and implied warranties or conditions of merchantability and
830N/A fitness for a particular purpose;
830N/A ii) effectively excludes on behalf of all Contributors all liability for
830N/A damages, including direct, indirect, special, incidental and consequential
830N/A damages, such as lost profits;
830N/A iii) states that any provisions which differ from this Agreement are offered
830N/A by that Contributor alone and not by any other party; and
830N/A iv) states that source code for the Program is available from such
830N/A Contributor, and informs licensees how to obtain it in a reasonable manner on or
830N/A through a medium customarily used for software exchange.
830N/A When the Program is made available in source code form:
830N/A a) it must be made available under this Agreement; and
830N/A b) a copy of this Agreement must be included with each copy of the Program.
830N/A Contributors may not remove or alter any copyright notices contained within the
830N/A Each Contributor must identify itself as the originator of its Contribution, if
830N/A any, in a manner that reasonably allows subsequent Recipients to identify the
830N/A originator of the Contribution.
830N/A 4. COMMERCIAL DISTRIBUTION
830N/A Commercial distributors of software may accept certain responsibilities with
830N/A respect to end users, business partners and the like. While this license is
830N/A intended to facilitate the commercial use of the Program, the Contributor who
830N/A includes the Program in a commercial product offering should do so in a manner
830N/A which does not create potential liability for other Contributors. Therefore, if
830N/A a Contributor includes the Program in a commercial product offering, such
830N/A Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
830N/A every other Contributor ("Indemnified Contributor") against any losses, damages
830N/A and costs (collectively "Losses") arising from claims, lawsuits and other legal
830N/A actions brought by a third party against the Indemnified Contributor to the
830N/A extent caused by the acts or omissions of such Commercial Contributor in
830N/A connection with its distribution of the Program in a commercial product
830N/A offering. The obligations in this section do not apply to any claims or Losses
830N/A relating to any actual or alleged intellectual property infringement. In order
830N/A to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
830N/A Contributor in writing of such claim, and b) allow the Commercial Contributor to
830N/A control, and cooperate with the Commercial Contributor in, the defense and any
830N/A related settlement negotiations. The Indemnified Contributor may participate in
830N/A any such claim at its own expense.
830N/A For example, a Contributor might include the Program in a commercial product
830N/A offering, Product X. That Contributor is then a Commercial Contributor. If that
830N/A Commercial Contributor then makes performance claims, or offers warranties
830N/A related to Product X, those performance claims and warranties are such
830N/A Commercial Contributor's responsibility alone. Under this section, the
830N/A Commercial Contributor would have to defend claims against the other
830N/A Contributors related to those performance claims and warranties, and if a court
830N/A requires any other Contributor to pay any damages as a result, the Commercial
830N/A Contributor must pay those damages.
830N/A EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
830N/A "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
830N/A IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
830N/A NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
830N/A Recipient is solely responsible for determining the appropriateness of using and
830N/A distributing the Program and assumes all risks associated with its exercise of
830N/A rights under this Agreement, including but not limited to the risks and costs of
830N/A program errors, compliance with applicable laws, damage to or loss of data,
830N/A programs or equipment, and unavailability or interruption of operations.
830N/A 6. DISCLAIMER OF LIABILITY
830N/A EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
830N/A CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
830N/A SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
830N/A PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
830N/A STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
830N/A OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
830N/A GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
830N/A If any provision of this Agreement is invalid or unenforceable under applicable
830N/A law, it shall not affect the validity or enforceability of the remainder of the
830N/A terms of this Agreement, and without further action by the parties hereto, such
830N/A provision shall be reformed to the minimum extent necessary to make such
830N/A provision valid and enforceable.
830N/A If Recipient institutes patent litigation against a Contributor with respect to
830N/A a patent applicable to software (including a cross-claim or counterclaim in a
830N/A lawsuit), then any patent licenses granted by that Contributor to such Recipient
830N/A under this Agreement shall terminate as of the date such litigation is filed. In
830N/A addition, if Recipient institutes patent litigation against any entity
830N/A (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
830N/A itself (excluding combinations of the Program with other software or hardware)
830N/Ainfringes such Recipient's patent(s), then such Recipient's rights granted under
830N/ASection 2(b) shall terminate as of the date such litigation is filed.
830N/AAll Recipient's rights under this Agreement shall terminate if it fails to
830N/Acomply with any of the material terms or conditions of this Agreement and does
830N/Anot cure such failure in a reasonable period of time after becoming aware of
830N/Asuch noncompliance. If all Recipient's rights under this Agreement terminate,
830N/A Recipient agrees to cease use and distribution of the Program as soon as
830N/A reasonably practicable. However, Recipient's obligations under this Agreement
830N/A and any licenses granted by Recipient relating to the Program shall continue and
830N/A Everyone is permitted to copy and distribute copies of this Agreement, but in
830N/A order to avoid inconsistency the Agreement is copyrighted and may only be
830N/A modified in the following manner. The Agreement Steward reserves the right to
830N/A publish new versions (including revisions) of this Agreement from time to time.
830N/A No one other than the Agreement Steward has the right to modify this Agreement.
830N/A IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
830N/A as the Agreement Steward to a suitable separate entity. Each new version of the
830N/A Agreement will be given a distinguishing version number. The Program (including
830N/A Contributions) may always be distributed subject to the version of the Agreement
830N/A under which it was received. In addition, after a new version of the Agreement
830N/A is published, Contributor may elect to distribute the Program (including its
830N/A Contributions) under the new version. Except as expressly stated in Sections
830N/A 2(a) and 2(b) above, Recipient receives no rights or licenses to the
830N/A intellectual property of any Contributor under this Agreement, whether
830N/A expressly, by implication, estoppel or otherwise. All rights in the Program not
830N/A expressly granted under this Agreement are reserved.
830N/A This Agreement is governed by the laws of the State of New York and the
830N/A intellectual property laws of the United States of America. No party to this
830N/A Agreement will bring a legal action under this Agreement more than one year
830N/A after the cause of action arose. Each party waives its rights to a jury trial in
830N/A any resulting litigation.