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