Common Public License Version 1.0

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.

1. DEFINITIONS

"Contribution" means:

 

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

Agreement.

"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

licensed hereunder.

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.

3. REQUIREMENTS

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

_ Program.

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.

7. GENERAL

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

filed.

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

_ survive.

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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