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