1 2IBM Public License Version 1.0 3 4THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM 5PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION 6OF THE PROGRAM CONSTITUTES RECIPIENT`S ACCEPTANCE OF THIS AGREEMENT. 7 81. DEFINITIONS 9"Contribution" means: 10 11in the case of International Business Machines Corporation ("IBM"), the Original Program, and 12in the case of each Contributor, 13changes to the Program, and 14additions to the Program; 15where such changes and/or additions to the Program originate from and 16are distributed by that particular Contributor. A Contribution 17`originates` from a Contributor if it was added to the Program by 18such Contributor itself or anyone acting on such Contributor`s 19behalf. Contributions do not include additions to the Program which: 20(i) are separate modules of software distributed in conjunction with 21the Program under their own license agreement, and (ii) are not 22derivative works of the Program. 23 24"Contributor" means IBM and any other entity that distributes the Program. 25 26"Licensed Patents " mean patent claims licensable by a 27Contributor which are necessarily infringed by the use or sale of its 28Contribution alone or when combined with the Program. 29 30"Original Program" means the original version of the software 31accompanying this Agreement as released by IBM, including source 32code, object code and documentation, if any. 33 34"Program" means the Original Program and Contributions. 35 36"Recipient" means anyone who receives the Program under this 37Agreement, including all Contributors. 38 392. GRANT OF RIGHTS 40Subject to the terms of this Agreement, each Contributor hereby 41grants Recipient a non-exclusive, worldwide, royalty-free copyright 42license to reproduce, prepare derivative works of, publicly display, 43publicly perform, distribute and sublicense the Contribution of such 44Contributor, if any, and such derivative works, in source code and 45object code form. 46Subject to the terms of this Agreement, each Contributor hereby 47grants Recipient a non-exclusive, worldwide, royalty-free patent 48license under Licensed Patents to make, use, sell, offer to sell, 49import and otherwise transfer the Contribution of such Contributor, 50if any, in source code and object code form. This patent license 51shall apply to the combination of the Contribution and the Program 52if, at the time the Contribution is added by the Contributor, such 53addition of the Contribution causes such combination to be covered by 54the Licensed Patents. The patent license shall not apply to any 55other combinations which include the Contribution. No hardware per 56se is licensed hereunder. 57 58Recipient understands that although each Contributor grants the 59licenses to its Contributions set forth herein, no assurances are 60provided by any Contributor that the Program does not infringe the 61patent or other intellectual property rights of any other entity. 62Each Contributor disclaims any liability to Recipient for claims 63brought by any other entity based on infringement of intellectual 64property rights or otherwise. As a condition to exercising the 65rights and licenses granted hereunder, each Recipient hereby assumes 66sole responsibility to secure any other intellectual property rights 67needed, if any. For example, if a third party patent license is 68required to allow Recipient to distribute the Program, it is 69Recipient`s responsibility to acquire that license before 70distributing the Program. 71Each Contributor represents that to its knowledge it has 72sufficient copyright rights in its Contribution, if any, to grant the 73copyright license set forth in this Agreement. 743. REQUIREMENTS 75A Contributor may choose to distribute 76the Program in object code form under its own license agreement, 77provided that: 78 79it complies with the terms and conditions of this Agreement; and 80its license agreement: 81effectively disclaims on behalf of all Contributors all warranties 82and conditions, express and implied, including warranties or 83conditions of title and non-infringement, and implied warranties or 84conditions of merchantability and fitness for a particular purpose; 85effectively excludes on behalf of all Contributors all liability 86for damages, including direct, indirect, special, incidental and 87consequential damages, such as lost profits; 88states that any provisions which differ from this Agreement are 89offered by that Contributor alone and not by any other party; and 90 91states that source code for the Program is available from such 92Contributor, and informs licensees how to obtain it in a reasonable 93manner on or through a medium customarily used for software exchange. 94When the Program is made available in source code form: 95 96it must be made available under this Agreement; and 97a copy of this Agreement must be included with each copy of the 98Program. 99Each Contributor must include the following in a conspicuous location in the Program: 100 101Copyright (C) 1996, 1999 International Business Machines Corporation and others. All Rights Reserved. 102 103In addition, each Contributor must identify itself as the originator 104of its Contribution, if any, in a manner that reasonably allows 105subsequent Recipients to identify the originator of the Contribution. 106 1074. COMMERCIAL DISTRIBUTION 108Commercial distributors of software may accept certain 109responsibilities with respect to end users, business partners and the 110like. While this license is intended to facilitate the commercial 111use of the Program, the Contributor who includes the Program in a 112commercial product offering should do so in a manner which does not 113create potential liability for other Contributors. Therefore, if a 114Contributor includes the Program in a commercial product offering, 115such Contributor ("Commercial Contributor") hereby agrees to defend 116and indemnify every other Contributor ("Indemnified Contributor") 117against any losses, damages and costs (collectively "Losses") arising 118from claims, lawsuits and other legal actions brought by a third 119party against the Indemnified Contributor to the extent caused by the 120acts or omissions of such Commercial Contributor in connection with 121its distribution of the Program in a commercial product offering. 122The obligations in this section do not apply to any claims or Losses 123relating to any actual or alleged intellectual property infringement. 124In order to qualify, an Indemnified Contributor must: a) promptly 125notify the Commercial Contributor in writing of such claim, and b) 126allow the Commercial Contributor to control, and cooperate with the 127Commercial Contributor in, the defense and any related settlement 128negotiations. The Indemnified Contributor may participate in any 129such claim at its own expense. 130 131For example, a Contributor might include the Program in a commercial 132product offering, Product X. That Contributor is then a Commercial 133Contributor. If that Commercial Contributor then makes performance 134claims, or offers warranties related to Product X, those performance 135claims and warranties are such Commercial Contributor`s 136responsibility alone. Under this section, the Commercial Contributor 137would have to defend claims against the other Contributors related to 138those performance claims and warranties, and if a court requires any 139other Contributor to pay any damages as a result, the Commercial 140Contributor must pay those damages. 141 1425. NO WARRANTY 143EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS 144PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY 145KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY 146WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY 147OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely 148responsible for determining the appropriateness of using and 149distributing the Program and assumes all risks associated with its 150exercise of rights under this Agreement, including but not limited to 151the risks and costs of program errors, compliance with applicable 152laws, damage to or loss of data, programs or equipment, and 153unavailability or interruption of operations. 154 1556. DISCLAIMER OF LIABILITY 156EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT 157NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, 158INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES 159(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON 160ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR 161TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF 162THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS 163GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 164 1657. GENERAL 166If any provision of this Agreement is invalid or unenforceable under 167applicable law, it shall not affect the validity or enforceability of 168the remainder of the terms of this Agreement, and without further 169action by the parties hereto, such provision shall be reformed to the 170minimum extent necessary to make such provision valid and enforceable. 171 172If Recipient institutes patent litigation against a Contributor with 173respect to a patent applicable to software (including a cross-claim 174or counterclaim in a lawsuit), then any patent licenses granted by 175that Contributor to such Recipient under this Agreement shall 176terminate as of the date such litigation is filed. In addition, if 177Recipient institutes patent litigation against any entity (including 178a cross-claim or counterclaim in a lawsuit) alleging that the Program 179itself (excluding combinations of the Program with other software or 180hardware) infringes such Recipient`s patent(s), then such Recipient`s 181rights granted under Section 2(b) shall terminate as of the date such 182litigation is filed. 183 184All Recipient`s rights under this Agreement shall terminate if it 185fails to comply with any of the material terms or conditions of this 186Agreement and does not cure such failure in a reasonable period of 187time after becoming aware of such noncompliance. If all Recipient`s 188rights under this Agreement terminate, Recipient agrees to cease use 189and distribution of the Program as soon as reasonably practicable. 190However, Recipient`s obligations under this Agreement and any 191licenses granted by Recipient relating to the Program shall continue 192and survive. 193 194IBM may publish new versions (including revisions) of this Agreement 195from time to time. Each new version of the Agreement will be given a 196distinguishing version number. The Program (including Contributions) 197may always be distributed subject to the version of the Agreement 198under which it was received. In addition, after a new version of the 199Agreement is published, Contributor may elect to distribute the 200Program (including its Contributions) under the new version. No one 201other than IBM has the right to modify this Agreement. Except as 202expressly stated in Sections 2(a) and 2(b) above, Recipient receives 203no rights or licenses to the intellectual property of any Contributor 204under this Agreement, whether expressly, by implication, estoppel or 205otherwise. All rights in the Program not expressly granted under 206this Agreement are reserved. 207 208This Agreement is governed by the laws of the State of New York and 209the intellectual property laws of the United States of America. No 210party to this Agreement will bring a legal action under this 211Agreement more than one year after the cause of action arose. Each 212party waives its rights to a jury trial in any resulting litigation. 213 214