THE ACCOMPANYING PROGRAM _ PROVIDED UNDER _ TERMS OF THIS IBM
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION _ DISTRIBUTION
OF _ PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
- in _ case of International Business Machines Corporation ("IBM"), _ Original Program, _
- in _ case of each Contributor,
- changes _ the Program, _
- additions _ the Program;
where such changes and/or additions _ the Program originate from and
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 _ the 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 IBM _ any other 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.
"Original Program" means _ original version of _ software
accompanying this Agreement as released by IBM, including source
code, object code _ documentation, if any.
"Program" means _ Original Program _ Contributions.
"Recipient" means anyone who receives _ Program under this
Agreement, including all Contributors.
2. GRANT OF RIGHTS
- Subject _ the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free copyright
license _ reproduce, prepare derivative works of, publicly display,
publicly perform, distribute _ sublicense _ Contribution of such
Contributor, if any, _ such derivative works, in source code and
object code form.
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 _ object code form. This patent license
shall apply _ the combination of _ Contribution _ the Program
if, at _ time _ Contribution _ added by _ 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 _ licensed hereunder.
- Recipient understands that although each Contributor grants the
licenses _ its Contributions set forth herein, no assurances are
provided by any Contributor that _ Program does not infringe the
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 is
required _ allow Recipient _ distribute _ Program, it is
Recipient's responsibility _ acquire that license before
distributing _ Program.
- Each Contributor represents that _ its knowledge it has
sufficient copyright rights in its Contribution, if any, _ grant the
copyright license set forth in this Agreement.
A Contributor may choose _ distribute
_ Program in object code form under its own license agreement,
- it complies with _ terms _ conditions of this Agreement; _
- its license agreement:
- effectively disclaims _ behalf of all Contributors all warranties
_ conditions, express _ implied, including warranties or
conditions of title _ non-infringement, _ implied warranties or
conditions of merchantability _ fitness for a particular purpose;
- effectively excludes _ behalf of all Contributors all liability
for damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits;
states that any provisions which differ from this Agreement are
offered by that Contributor alone _ not by any other party; and
- states that source code for _ Program _ available from such
Contributor, _ informs licensees how _ obtain it in a reasonable
manner _ or through a medium customarily used for software exchange.
- effectively disclaims _ behalf of all Contributors all warranties
When _ Program _ made available in source code form:
- it must be made available under this Agreement; _
- a copy of this Agreement must be included with each copy of the
Each Contributor must include _ following in a conspicuous location in _ Program:
Copyright (C) 1996, 1999 International Business Machines Corporation _ others. All Rights Reserved.
In addition, 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 _ 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 the
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 the
Commercial Contributor in, _ defense _ 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, _ Commercial Contributor
would have _ defend claims against _ other Contributors related to
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 IS
PROVIDED _ AN "AS IS" BASIS, WITHOUT WARRANTIES _ CONDITIONS OF ANY
KIND, EITHER EXPRESS _ 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 and
distributing _ Program _ assumes all risks associated with its
exercise of rights under this Agreement, including but not limited to
_ risks _ costs of program errors, compliance with applicable
laws, damage _ or loss of data, programs _ equipment, and
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, OR
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
_ remainder of _ terms of this Agreement, _ without further
action by _ 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 _ 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 _ filed.
All Recipient's rights under this Agreement shall terminate if it
fails _ 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
IBM may publish new versions (including revisions) of this Agreement
from time _ time. 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 the
Agreement _ published, Contributor may elect _ distribute the
Program (including its Contributions) under _ new version. No one
other than IBM has _ right _ modify this Agreement. Except as
expressly stated in Sections 2(a) _ 2(b) above, Recipient receives
no rights _ licenses _ the intellectual property of any Contributor
under this Agreement, whether expressly, by implication, estoppel or
otherwise. All rights in _ Program not expressly granted under
this Agreement are reserved.
This Agreement _ governed by _ laws of _ State of New York and
_ 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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