1*eb8dc403SDave Cobbley 2*eb8dc403SDave CobbleyCommon Public License Version 1.0 3*eb8dc403SDave Cobbley 4*eb8dc403SDave CobbleyTHE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC 5*eb8dc403SDave CobbleyLICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM 6*eb8dc403SDave CobbleyCONSTITUTES RECIPIENT`S ACCEPTANCE OF THIS AGREEMENT. 7*eb8dc403SDave Cobbley 8*eb8dc403SDave Cobbley1. DEFINITIONS 9*eb8dc403SDave Cobbley 10*eb8dc403SDave Cobbley"Contribution" means: 11*eb8dc403SDave Cobbley 12*eb8dc403SDave Cobbleya) in the case of the initial Contributor, the initial code and 13*eb8dc403SDave Cobbleydocumentation distributed under this Agreement, and 14*eb8dc403SDave Cobbley 15*eb8dc403SDave Cobbleyb) in the case of each subsequent Contributor: 16*eb8dc403SDave Cobbley 17*eb8dc403SDave Cobbleyi) changes to the Program, and 18*eb8dc403SDave Cobbley 19*eb8dc403SDave Cobbleyii) additions to the Program; 20*eb8dc403SDave Cobbley 21*eb8dc403SDave Cobbleywhere such changes and/or additions to the Program originate from and are 22*eb8dc403SDave Cobbleydistributed by that particular Contributor. A Contribution `originates` from a 23*eb8dc403SDave CobbleyContributor if it was added to the Program by such Contributor itself or anyone 24*eb8dc403SDave Cobbleyacting on such Contributor`s behalf. Contributions do not include additions to 25*eb8dc403SDave Cobbleythe Program which: (i) are separate modules of software distributed in 26*eb8dc403SDave Cobbleyconjunction with the Program under their own license agreement, and (ii) are not 27*eb8dc403SDave Cobbleyderivative works of the Program. 28*eb8dc403SDave Cobbley 29*eb8dc403SDave Cobbley"Contributor" means any person or entity that distributes the Program. 30*eb8dc403SDave Cobbley 31*eb8dc403SDave Cobbley"Licensed Patents " mean patent claims licensable by a Contributor which are 32*eb8dc403SDave Cobbleynecessarily infringed by the use or sale of its Contribution alone or when 33*eb8dc403SDave Cobbleycombined with the Program. 34*eb8dc403SDave Cobbley 35*eb8dc403SDave Cobbley"Program" means the Contributions distributed in accordance with this Agreement. 36*eb8dc403SDave Cobbley 37*eb8dc403SDave Cobbley"Recipient" means anyone who receives the Program under this Agreement, 38*eb8dc403SDave Cobbleyincluding all Contributors. 39*eb8dc403SDave Cobbley 40*eb8dc403SDave Cobbley2. GRANT OF RIGHTS 41*eb8dc403SDave Cobbley 42*eb8dc403SDave Cobbleya) Subject to the terms of this Agreement, each Contributor hereby grants 43*eb8dc403SDave CobbleyRecipient a non-exclusive, worldwide, royalty-free copyright license to 44*eb8dc403SDave Cobbleyreproduce, prepare derivative works of, publicly display, publicly perform, 45*eb8dc403SDave Cobbleydistribute and sublicense the Contribution of such Contributor, if any, and such 46*eb8dc403SDave Cobbleyderivative works, in source code and object code form. 47*eb8dc403SDave Cobbley 48*eb8dc403SDave Cobbleyb) Subject to the terms of this Agreement, each Contributor hereby grants 49*eb8dc403SDave CobbleyRecipient a non-exclusive, worldwide, royalty-free patent license under Licensed 50*eb8dc403SDave CobbleyPatents to make, use, sell, offer to sell, import and otherwise transfer the 51*eb8dc403SDave CobbleyContribution of such Contributor, if any, in source code and object code form. 52*eb8dc403SDave CobbleyThis patent license shall apply to the combination of the Contribution and the 53*eb8dc403SDave CobbleyProgram if, at the time the Contribution is added by the Contributor, such 54*eb8dc403SDave Cobbleyaddition of the Contribution causes such combination to be covered by the 55*eb8dc403SDave CobbleyLicensed Patents. The patent license shall not apply to any other combinations 56*eb8dc403SDave Cobbleywhich include the Contribution. No hardware per se is licensed hereunder. 57*eb8dc403SDave Cobbley 58*eb8dc403SDave Cobbleyc) Recipient understands that although each Contributor grants the licenses 59*eb8dc403SDave Cobbleyto its Contributions set forth herein, no assurances are provided by any 60*eb8dc403SDave CobbleyContributor that the Program does not infringe the patent or other intellectual 61*eb8dc403SDave Cobbleyproperty rights of any other entity. Each Contributor disclaims any liability to 62*eb8dc403SDave CobbleyRecipient for claims brought by any other entity based on infringement of 63*eb8dc403SDave Cobbleyintellectual property rights or otherwise. As a condition to exercising the 64*eb8dc403SDave Cobbleyrights and licenses granted hereunder, each Recipient hereby assumes sole 65*eb8dc403SDave Cobbleyresponsibility to secure any other intellectual property rights needed, if any. 66*eb8dc403SDave CobbleyFor example, if a third party patent license is required to allow Recipient to 67*eb8dc403SDave Cobbleydistribute the Program, it is Recipient`s responsibility to acquire that license 68*eb8dc403SDave Cobbleybefore distributing the Program. 69*eb8dc403SDave Cobbley 70*eb8dc403SDave Cobbleyd) Each Contributor represents that to its knowledge it has sufficient 71*eb8dc403SDave Cobbleycopyright rights in its Contribution, if any, to grant the copyright license set 72*eb8dc403SDave Cobbleyforth in this Agreement. 73*eb8dc403SDave Cobbley 74*eb8dc403SDave Cobbley3. REQUIREMENTS 75*eb8dc403SDave Cobbley 76*eb8dc403SDave CobbleyA Contributor may choose to distribute the Program in object code form under its 77*eb8dc403SDave Cobbleyown license agreement, provided that: 78*eb8dc403SDave Cobbley 79*eb8dc403SDave Cobbleya) it complies with the terms and conditions of this Agreement; and 80*eb8dc403SDave Cobbley 81*eb8dc403SDave Cobbleyb) its license agreement: 82*eb8dc403SDave Cobbley 83*eb8dc403SDave Cobbleyi) effectively disclaims on behalf of all Contributors all warranties and 84*eb8dc403SDave Cobbleyconditions, express and implied, including warranties or conditions of title and 85*eb8dc403SDave Cobbleynon-infringement, and implied warranties or conditions of merchantability and 86*eb8dc403SDave Cobbleyfitness for a particular purpose; 87*eb8dc403SDave Cobbley 88*eb8dc403SDave Cobbleyii) effectively excludes on behalf of all Contributors all liability for 89*eb8dc403SDave Cobbleydamages, including direct, indirect, special, incidental and consequential 90*eb8dc403SDave Cobbleydamages, such as lost profits; 91*eb8dc403SDave Cobbley 92*eb8dc403SDave Cobbleyiii) states that any provisions which differ from this Agreement are offered 93*eb8dc403SDave Cobbleyby that Contributor alone and not by any other party; and 94*eb8dc403SDave Cobbley 95*eb8dc403SDave Cobbleyiv) states that source code for the Program is available from such 96*eb8dc403SDave CobbleyContributor, and informs licensees how to obtain it in a reasonable manner on or 97*eb8dc403SDave Cobbleythrough a medium customarily used for software exchange. 98*eb8dc403SDave Cobbley 99*eb8dc403SDave CobbleyWhen the Program is made available in source code form: 100*eb8dc403SDave Cobbley 101*eb8dc403SDave Cobbleya) it must be made available under this Agreement; and 102*eb8dc403SDave Cobbley 103*eb8dc403SDave Cobbleyb) a copy of this Agreement must be included with each copy of the Program. 104*eb8dc403SDave Cobbley 105*eb8dc403SDave CobbleyContributors may not remove or alter any copyright notices contained within the 106*eb8dc403SDave CobbleyProgram. 107*eb8dc403SDave Cobbley 108*eb8dc403SDave CobbleyEach Contributor must identify itself as the originator of its Contribution, if 109*eb8dc403SDave Cobbleyany, in a manner that reasonably allows subsequent Recipients to identify the 110*eb8dc403SDave Cobbleyoriginator of the Contribution. 111*eb8dc403SDave Cobbley 112*eb8dc403SDave Cobbley4. COMMERCIAL DISTRIBUTION 113*eb8dc403SDave Cobbley 114*eb8dc403SDave CobbleyCommercial distributors of software may accept certain responsibilities with 115*eb8dc403SDave Cobbleyrespect to end users, business partners and the like. While this license is 116*eb8dc403SDave Cobbleyintended to facilitate the commercial use of the Program, the Contributor who 117*eb8dc403SDave Cobbleyincludes the Program in a commercial product offering should do so in a manner 118*eb8dc403SDave Cobbleywhich does not create potential liability for other Contributors. Therefore, if 119*eb8dc403SDave Cobbleya Contributor includes the Program in a commercial product offering, such 120*eb8dc403SDave CobbleyContributor ("Commercial Contributor") hereby agrees to defend and indemnify 121*eb8dc403SDave Cobbleyevery other Contributor ("Indemnified Contributor") against any losses, damages 122*eb8dc403SDave Cobbleyand costs (collectively "Losses") arising from claims, lawsuits and other legal 123*eb8dc403SDave Cobbleyactions brought by a third party against the Indemnified Contributor to the 124*eb8dc403SDave Cobbleyextent caused by the acts or omissions of such Commercial Contributor in 125*eb8dc403SDave Cobbleyconnection with its distribution of the Program in a commercial product 126*eb8dc403SDave Cobbleyoffering. The obligations in this section do not apply to any claims or Losses 127*eb8dc403SDave Cobbleyrelating to any actual or alleged intellectual property infringement. In order 128*eb8dc403SDave Cobbleyto qualify, an Indemnified Contributor must: a) promptly notify the Commercial 129*eb8dc403SDave CobbleyContributor in writing of such claim, and b) allow the Commercial Contributor to 130*eb8dc403SDave Cobbleycontrol, and cooperate with the Commercial Contributor in, the defense and any 131*eb8dc403SDave Cobbleyrelated settlement negotiations. The Indemnified Contributor may participate in 132*eb8dc403SDave Cobbleyany such claim at its own expense. 133*eb8dc403SDave Cobbley 134*eb8dc403SDave CobbleyFor example, a Contributor might include the Program in a commercial product 135*eb8dc403SDave Cobbleyoffering, Product X. That Contributor is then a Commercial Contributor. If that 136*eb8dc403SDave CobbleyCommercial Contributor then makes performance claims, or offers warranties 137*eb8dc403SDave Cobbleyrelated to Product X, those performance claims and warranties are such 138*eb8dc403SDave CobbleyCommercial Contributor`s responsibility alone. Under this section, the 139*eb8dc403SDave CobbleyCommercial Contributor would have to defend claims against the other 140*eb8dc403SDave CobbleyContributors related to those performance claims and warranties, and if a court 141*eb8dc403SDave Cobbleyrequires any other Contributor to pay any damages as a result, the Commercial 142*eb8dc403SDave CobbleyContributor must pay those damages. 143*eb8dc403SDave Cobbley 144*eb8dc403SDave Cobbley5. NO WARRANTY 145*eb8dc403SDave Cobbley 146*eb8dc403SDave CobbleyEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN 147*eb8dc403SDave Cobbley"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR 148*eb8dc403SDave CobbleyIMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, 149*eb8dc403SDave CobbleyNON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each 150*eb8dc403SDave CobbleyRecipient is solely responsible for determining the appropriateness of using and 151*eb8dc403SDave Cobbleydistributing the Program and assumes all risks associated with its exercise of 152*eb8dc403SDave Cobbleyrights under this Agreement, including but not limited to the risks and costs of 153*eb8dc403SDave Cobbleyprogram errors, compliance with applicable laws, damage to or loss of data, 154*eb8dc403SDave Cobbleyprograms or equipment, and unavailability or interruption of operations. 155*eb8dc403SDave Cobbley 156*eb8dc403SDave Cobbley6. DISCLAIMER OF LIABILITY 157*eb8dc403SDave Cobbley 158*eb8dc403SDave CobbleyEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY 159*eb8dc403SDave CobbleyCONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, 160*eb8dc403SDave CobbleySPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST 161*eb8dc403SDave CobbleyPROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, 162*eb8dc403SDave CobbleySTRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY 163*eb8dc403SDave CobbleyOUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS 164*eb8dc403SDave CobbleyGRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 165*eb8dc403SDave Cobbley 166*eb8dc403SDave Cobbley7. GENERAL 167*eb8dc403SDave Cobbley 168*eb8dc403SDave CobbleyIf any provision of this Agreement is invalid or unenforceable under applicable 169*eb8dc403SDave Cobbleylaw, it shall not affect the validity or enforceability of the remainder of the 170*eb8dc403SDave Cobbleyterms of this Agreement, and without further action by the parties hereto, such 171*eb8dc403SDave Cobbleyprovision shall be reformed to the minimum extent necessary to make such 172*eb8dc403SDave Cobbleyprovision valid and enforceable. 173*eb8dc403SDave Cobbley 174*eb8dc403SDave CobbleyIf Recipient institutes patent litigation against a Contributor with respect to 175*eb8dc403SDave Cobbleya patent applicable to software (including a cross-claim or counterclaim in a 176*eb8dc403SDave Cobbleylawsuit), then any patent licenses granted by that Contributor to such Recipient 177*eb8dc403SDave Cobbleyunder this Agreement shall terminate as of the date such litigation is filed. In 178*eb8dc403SDave Cobbleyaddition, if Recipient institutes patent litigation against any entity 179*eb8dc403SDave Cobbley(including a cross-claim or counterclaim in a lawsuit) alleging that the Program 180*eb8dc403SDave Cobbleyitself (excluding combinations of the Program with other software or hardware) 181*eb8dc403SDave Cobbleyinfringes such Recipient`s patent(s), then such Recipient`s rights granted under 182*eb8dc403SDave CobbleySection 2(b) shall terminate as of the date such litigation is filed. 183*eb8dc403SDave Cobbley 184*eb8dc403SDave CobbleyAll Recipient`s rights under this Agreement shall terminate if it fails to 185*eb8dc403SDave Cobbleycomply with any of the material terms or conditions of this Agreement and does 186*eb8dc403SDave Cobbleynot cure such failure in a reasonable period of time after becoming aware of 187*eb8dc403SDave Cobbleysuch noncompliance. If all Recipient`s rights under this Agreement terminate, 188*eb8dc403SDave CobbleyRecipient agrees to cease use and distribution of the Program as soon as 189*eb8dc403SDave Cobbleyreasonably practicable. However, Recipient`s obligations under this Agreement 190*eb8dc403SDave Cobbleyand any licenses granted by Recipient relating to the Program shall continue and 191*eb8dc403SDave Cobbleysurvive. 192*eb8dc403SDave Cobbley 193*eb8dc403SDave CobbleyEveryone is permitted to copy and distribute copies of this Agreement, but in 194*eb8dc403SDave Cobbleyorder to avoid inconsistency the Agreement is copyrighted and may only be 195*eb8dc403SDave Cobbleymodified in the following manner. The Agreement Steward reserves the right to 196*eb8dc403SDave Cobbleypublish new versions (including revisions) of this Agreement from time to time. 197*eb8dc403SDave CobbleyNo one other than the Agreement Steward has the right to modify this Agreement. 198*eb8dc403SDave CobbleyIBM is the initial Agreement Steward. IBM may assign the responsibility to serve 199*eb8dc403SDave Cobbleyas the Agreement Steward to a suitable separate entity. Each new version of the 200*eb8dc403SDave CobbleyAgreement will be given a distinguishing version number. The Program (including 201*eb8dc403SDave CobbleyContributions) may always be distributed subject to the version of the Agreement 202*eb8dc403SDave Cobbleyunder which it was received. In addition, after a new version of the Agreement 203*eb8dc403SDave Cobbleyis published, Contributor may elect to distribute the Program (including its 204*eb8dc403SDave CobbleyContributions) under the new version. Except as expressly stated in Sections 205*eb8dc403SDave Cobbley2(a) and 2(b) above, Recipient receives no rights or licenses to the 206*eb8dc403SDave Cobbleyintellectual property of any Contributor under this Agreement, whether 207*eb8dc403SDave Cobbleyexpressly, by implication, estoppel or otherwise. All rights in the Program not 208*eb8dc403SDave Cobbleyexpressly granted under this Agreement are reserved. 209*eb8dc403SDave Cobbley 210*eb8dc403SDave CobbleyThis Agreement is governed by the laws of the State of New York and the 211*eb8dc403SDave Cobbleyintellectual property laws of the United States of America. No party to this 212*eb8dc403SDave CobbleyAgreement will bring a legal action under this Agreement more than one year 213*eb8dc403SDave Cobbleyafter the cause of action arose. Each party waives its rights to a jury trial in 214*eb8dc403SDave Cobbleyany resulting litigation. 215*eb8dc403SDave Cobbley 216