1 2Common Public License Version 1.0 3 4THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC 5LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM 6CONSTITUTES RECIPIENT`S ACCEPTANCE OF THIS AGREEMENT. 7 81. DEFINITIONS 9 10"Contribution" means: 11 12a) in the case of the initial Contributor, the initial code and 13documentation distributed under this Agreement, and 14 15b) in the case of each subsequent Contributor: 16 17i) changes to the Program, and 18 19ii) additions to the Program; 20 21where such changes and/or additions to the Program originate from and are 22distributed by that particular Contributor. A Contribution `originates` from a 23Contributor if it was added to the Program by such Contributor itself or anyone 24acting on such Contributor`s behalf. Contributions do not include additions to 25the Program which: (i) are separate modules of software distributed in 26conjunction with the Program under their own license agreement, and (ii) are not 27derivative works of the Program. 28 29"Contributor" means any person or entity that distributes the Program. 30 31"Licensed Patents " mean patent claims licensable by a Contributor which are 32necessarily infringed by the use or sale of its Contribution alone or when 33combined with the Program. 34 35"Program" means the Contributions distributed in accordance with this Agreement. 36 37"Recipient" means anyone who receives the Program under this Agreement, 38including all Contributors. 39 402. GRANT OF RIGHTS 41 42a) Subject to the terms of this Agreement, each Contributor hereby grants 43Recipient a non-exclusive, worldwide, royalty-free copyright license to 44reproduce, prepare derivative works of, publicly display, publicly perform, 45distribute and sublicense the Contribution of such Contributor, if any, and such 46derivative works, in source code and object code form. 47 48b) Subject to the terms of this Agreement, each Contributor hereby grants 49Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed 50Patents to make, use, sell, offer to sell, import and otherwise transfer the 51Contribution of such Contributor, if any, in source code and object code form. 52This patent license shall apply to the combination of the Contribution and the 53Program if, at the time the Contribution is added by the Contributor, such 54addition of the Contribution causes such combination to be covered by the 55Licensed Patents. The patent license shall not apply to any other combinations 56which include the Contribution. No hardware per se is licensed hereunder. 57 58c) Recipient understands that although each Contributor grants the licenses 59to its Contributions set forth herein, no assurances are provided by any 60Contributor that the Program does not infringe the patent or other intellectual 61property rights of any other entity. Each Contributor disclaims any liability to 62Recipient for claims brought by any other entity based on infringement of 63intellectual property rights or otherwise. As a condition to exercising the 64rights and licenses granted hereunder, each Recipient hereby assumes sole 65responsibility to secure any other intellectual property rights needed, if any. 66For example, if a third party patent license is required to allow Recipient to 67distribute the Program, it is Recipient`s responsibility to acquire that license 68before distributing the Program. 69 70d) Each Contributor represents that to its knowledge it has sufficient 71copyright rights in its Contribution, if any, to grant the copyright license set 72forth in this Agreement. 73 743. REQUIREMENTS 75 76A Contributor may choose to distribute the Program in object code form under its 77own license agreement, provided that: 78 79a) it complies with the terms and conditions of this Agreement; and 80 81b) its license agreement: 82 83i) effectively disclaims on behalf of all Contributors all warranties and 84conditions, express and implied, including warranties or conditions of title and 85non-infringement, and implied warranties or conditions of merchantability and 86fitness for a particular purpose; 87 88ii) effectively excludes on behalf of all Contributors all liability for 89damages, including direct, indirect, special, incidental and consequential 90damages, such as lost profits; 91 92iii) states that any provisions which differ from this Agreement are offered 93by that Contributor alone and not by any other party; and 94 95iv) states that source code for the Program is available from such 96Contributor, and informs licensees how to obtain it in a reasonable manner on or 97through a medium customarily used for software exchange. 98 99When the Program is made available in source code form: 100 101a) it must be made available under this Agreement; and 102 103b) a copy of this Agreement must be included with each copy of the Program. 104 105Contributors may not remove or alter any copyright notices contained within the 106Program. 107 108Each Contributor must identify itself as the originator of its Contribution, if 109any, in a manner that reasonably allows subsequent Recipients to identify the 110originator of the Contribution. 111 1124. COMMERCIAL DISTRIBUTION 113 114Commercial distributors of software may accept certain responsibilities with 115respect to end users, business partners and the like. While this license is 116intended to facilitate the commercial use of the Program, the Contributor who 117includes the Program in a commercial product offering should do so in a manner 118which does not create potential liability for other Contributors. Therefore, if 119a Contributor includes the Program in a commercial product offering, such 120Contributor ("Commercial Contributor") hereby agrees to defend and indemnify 121every other Contributor ("Indemnified Contributor") against any losses, damages 122and costs (collectively "Losses") arising from claims, lawsuits and other legal 123actions brought by a third party against the Indemnified Contributor to the 124extent caused by the acts or omissions of such Commercial Contributor in 125connection with its distribution of the Program in a commercial product 126offering. The obligations in this section do not apply to any claims or Losses 127relating to any actual or alleged intellectual property infringement. In order 128to qualify, an Indemnified Contributor must: a) promptly notify the Commercial 129Contributor in writing of such claim, and b) allow the Commercial Contributor to 130control, and cooperate with the Commercial Contributor in, the defense and any 131related settlement negotiations. The Indemnified Contributor may participate in 132any such claim at its own expense. 133 134For example, a Contributor might include the Program in a commercial product 135offering, Product X. That Contributor is then a Commercial Contributor. If that 136Commercial Contributor then makes performance claims, or offers warranties 137related to Product X, those performance claims and warranties are such 138Commercial Contributor`s responsibility alone. Under this section, the 139Commercial Contributor would have to defend claims against the other 140Contributors related to those performance claims and warranties, and if a court 141requires any other Contributor to pay any damages as a result, the Commercial 142Contributor must pay those damages. 143 1445. NO WARRANTY 145 146EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN 147"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR 148IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, 149NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each 150Recipient is solely responsible for determining the appropriateness of using and 151distributing the Program and assumes all risks associated with its exercise of 152rights under this Agreement, including but not limited to the risks and costs of 153program errors, compliance with applicable laws, damage to or loss of data, 154programs or equipment, and unavailability or interruption of operations. 155 1566. DISCLAIMER OF LIABILITY 157 158EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY 159CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, 160SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST 161PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, 162STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY 163OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS 164GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 165 1667. GENERAL 167 168If any provision of this Agreement is invalid or unenforceable under applicable 169law, it shall not affect the validity or enforceability of the remainder of the 170terms of this Agreement, and without further action by the parties hereto, such 171provision shall be reformed to the minimum extent necessary to make such 172provision valid and enforceable. 173 174If Recipient institutes patent litigation against a Contributor with respect to 175a patent applicable to software (including a cross-claim or counterclaim in a 176lawsuit), then any patent licenses granted by that Contributor to such Recipient 177under this Agreement shall terminate as of the date such litigation is filed. In 178addition, if Recipient institutes patent litigation against any entity 179(including a cross-claim or counterclaim in a lawsuit) alleging that the Program 180itself (excluding combinations of the Program with other software or hardware) 181infringes such Recipient`s patent(s), then such Recipient`s rights granted under 182Section 2(b) shall terminate as of the date such litigation is filed. 183 184All Recipient`s rights under this Agreement shall terminate if it fails to 185comply with any of the material terms or conditions of this Agreement and does 186not cure such failure in a reasonable period of time after becoming aware of 187such noncompliance. If all Recipient`s rights under this Agreement terminate, 188Recipient agrees to cease use and distribution of the Program as soon as 189reasonably practicable. However, Recipient`s obligations under this Agreement 190and any licenses granted by Recipient relating to the Program shall continue and 191survive. 192 193Everyone is permitted to copy and distribute copies of this Agreement, but in 194order to avoid inconsistency the Agreement is copyrighted and may only be 195modified in the following manner. The Agreement Steward reserves the right to 196publish new versions (including revisions) of this Agreement from time to time. 197No one other than the Agreement Steward has the right to modify this Agreement. 198IBM is the initial Agreement Steward. IBM may assign the responsibility to serve 199as the Agreement Steward to a suitable separate entity. Each new version of the 200Agreement will be given a distinguishing version number. The Program (including 201Contributions) may always be distributed subject to the version of the Agreement 202under which it was received. In addition, after a new version of the Agreement 203is published, Contributor may elect to distribute the Program (including its 204Contributions) under the new version. Except as expressly stated in Sections 2052(a) and 2(b) above, Recipient receives no rights or licenses to the 206intellectual property of any Contributor under this Agreement, whether 207expressly, by implication, estoppel or otherwise. All rights in the Program not 208expressly granted under this Agreement are reserved. 209 210This Agreement is governed by the laws of the State of New York and the 211intellectual property laws of the United States of America. No party to this 212Agreement will bring a legal action under this Agreement more than one year 213after the cause of action arose. Each party waives its rights to a jury trial in 214any resulting litigation. 215 216