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Common Public License Version 1.0

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"Contribution" means:

a) in the case of the initial Contributor, the initial code and documentation

distributed under this Agreement, and

b) in the case of each subsequent Contributor:

i) changes to the Program, and

ii) additions to the Program;

where such changes and/or additions to the Program originate from and are

distributed by that particular Contributor. A Contribution 'originates' from a

Contributor if it was added to the Program by such Contributor itself or anyone

acting on such Contributor's behalf. Contributions do not include additions to

the Program which: (i) are separate modules of software distributed in

conjunction with the Program under their own license agreement, and (ii) are

not derivative works of the Program.

"Contributor" means any person or entity that distributes the Program.

"Licensed Patents " mean patent claims licensable by a Contributor which are

necessarily infringed by the use or sale of its Contribution alone or when

combined with the Program.

"Program" means the Contributions distributed in accordance with this


"Recipient" means anyone who receives the Program under this Agreement,

including all Contributors.


a) Subject to 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 and sublicense the Contribution of such Contributor, if any, and

such derivative works, in source code and object code form.

b) Subject to the terms of this Agreement, each Contributor hereby grants

Recipient a non-exclusive, worldwide, royalty-free patent license under

Licensed Patents to make, use, sell, offer to sell, import and otherwise

transfer the Contribution of such Contributor, if any, in source code and

object code form. This patent license shall apply to the combination of the

Contribution and the Program if, at the time the Contribution is added by the

Contributor, such addition of the Contribution causes such combination to be

covered by the Licensed Patents. The patent license shall not apply to any

other combinations which include the Contribution. No hardware per se is

licensed hereunder.

c) Recipient understands that although each Contributor grants the licenses

to its Contributions set forth herein, no assurances are provided by any

Contributor that the Program does not infringe the patent or other intellectual

property rights of any other entity. Each Contributor disclaims any liability

to Recipient for claims brought by any other entity based on infringement of

intellectual property rights or otherwise. As a condition to exercising the

rights and licenses granted hereunder, each Recipient hereby assumes sole

responsibility to secure any other intellectual property rights needed, if any.

For example, if a third party patent license is required to allow Recipient to

distribute the Program, it is Recipient's responsibility to acquire that

license before distributing the Program.

d) Each Contributor represents that to its knowledge it has sufficient

copyright rights in its Contribution, if any, to grant the copyright license

set forth in this Agreement.


A Contributor may choose to distribute the Program in object code form under

its own license agreement, provided that:

a) it complies with the terms and conditions of this Agreement; and

b) its license agreement:

i) effectively disclaims on behalf of all Contributors all warranties and

conditions, express and implied, including warranties or conditions of title

and non-infringement, and implied warranties or conditions of merchantability

and fitness for a particular purpose;

ii) effectively excludes on behalf of all Contributors all liability for

damages, including direct, indirect, special, incidental and consequential

damages, such as lost profits;

iii) states that any provisions which differ from this Agreement are offered

by that Contributor alone and not by any other party; and

iv) states that source code for the Program is available from such

Contributor, and informs licensees how to obtain it in a reasonable manner on

or through a medium customarily used for software exchange.

When the Program is 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 the Program.

Contributors may not remove or alter any copyright notices contained within

the Program.

Each Contributor must identify itself as the originator of its Contribution,

if any, in a manner that reasonably allows subsequent Recipients to identify

the originator of the Contribution.


Commercial distributors of software may accept certain responsibilities with

respect to end users, business partners and the like. While this license is

intended to facilitate the commercial use of the Program, the Contributor who

includes the 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 the Program in a commercial product offering, such

Contributor ("Commercial Contributor") hereby agrees to defend and indemnify

every other Contributor ("Indemnified Contributor") against any losses, damages

and costs (collectively "Losses") arising from claims, lawsuits and other legal

actions brought by a third party against the Indemnified Contributor ...

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