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1 Common Public License Version 1.0
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2
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3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
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4 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
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5 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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6
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7 1. DEFINITIONS
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8
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9 "Contribution" means:
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10
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11 a) in the case of the initial Contributor, the initial code and
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12 documentation distributed under this Agreement, and
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13
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14 b) in the case of each subsequent Contributor:
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15
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16 i) changes to the Program, and
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17
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18 ii) additions to the Program;
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19
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20 where such changes and/or additions to the Program originate from and are
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21 distributed by that particular Contributor. A Contribution 'originates' from a
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22 Contributor if it was added to the Program by such Contributor itself or anyone
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23 acting on such Contributor's behalf. Contributions do not include additions to
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24 the Program which: (i) are separate modules of software distributed in
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25 conjunction with the Program under their own license agreement, and (ii) are not
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26 derivative works of the Program.
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27
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28 "Contributor" means any person or entity that distributes the Program.
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29
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30 "Licensed Patents " mean patent claims licensable by a Contributor which are
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31 necessarily infringed by the use or sale of its Contribution alone or when
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32 combined with the Program.
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33
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34 "Program" means the Contributions distributed in accordance with this Agreement.
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35
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36 "Recipient" means anyone who receives the Program under this Agreement,
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37 including all Contributors.
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38
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39 2. GRANT OF RIGHTS
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40
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41 a) Subject to the terms of this Agreement, each Contributor hereby grants
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42 Recipient a non-exclusive, worldwide, royalty-free copyright license to
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43 reproduce, prepare derivative works of, publicly display, publicly perform,
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44 distribute and sublicense the Contribution of such Contributor, if any, and such
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45 derivative works, in source code and object code form.
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46
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47 b) Subject to the terms of this Agreement, each Contributor hereby grants
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48 Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
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49 Patents to make, use, sell, offer to sell, import and otherwise transfer the
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50 Contribution of such Contributor, if any, in source code and object code form.
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51 This patent license shall apply to the combination of the Contribution and the
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52 Program if, at the time the Contribution is added by the Contributor, such
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53 addition of the Contribution causes such combination to be covered by the
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54 Licensed Patents. The patent license shall not apply to any other combinations
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55 which include the Contribution. No hardware per se is licensed hereunder.
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56
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57 c) Recipient understands that although each Contributor grants the licenses
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58 to its Contributions set forth herein, no assurances are provided by any
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59 Contributor that the Program does not infringe the patent or other intellectual
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60 property rights of any other entity. Each Contributor disclaims any liability to
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61 Recipient for claims brought by any other entity based on infringement of
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62 intellectual property rights or otherwise. As a condition to exercising the
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63 rights and licenses granted hereunder, each Recipient hereby assumes sole
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64 responsibility to secure any other intellectual property rights needed, if any.
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65 For example, if a third party patent license is required to allow Recipient to
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66 distribute the Program, it is Recipient's responsibility to acquire that license
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67 before distributing the Program.
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68
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69 d) Each Contributor represents that to its knowledge it has sufficient
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70 copyright rights in its Contribution, if any, to grant the copyright license set
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71 forth in this Agreement.
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72
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73 3. REQUIREMENTS
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74
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75 A Contributor may choose to distribute the Program in object code form under its
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76 own license agreement, provided that:
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77
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78 a) it complies with the terms and conditions of this Agreement; and
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79
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80 b) its license agreement:
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81
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82 i) effectively disclaims on behalf of all Contributors all warranties and
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83 conditions, express and implied, including warranties or conditions of title and
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84 non-infringement, and implied warranties or conditions of merchantability and
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85 fitness for a particular purpose;
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86
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87 ii) effectively excludes on behalf of all Contributors all liability for
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88 damages, including direct, indirect, special, incidental and consequential
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89 damages, such as lost profits;
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90
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91 iii) states that any provisions which differ from this Agreement are offered
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92 by that Contributor alone and not by any other party; and
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93
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94 iv) states that source code for the Program is available from such
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95 Contributor, and informs licensees how to obtain it in a reasonable manner on or
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96 through a medium customarily used for software exchange.
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97
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98 When the Program is made available in source code form:
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99
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100 a) it must be made available under this Agreement; and
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101
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102 b) a copy of this Agreement must be included with each copy of the Program.
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103
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104 Contributors may not remove or alter any copyright notices contained within the
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105 Program.
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106
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107 Each Contributor must identify itself as the originator of its Contribution, if
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108 any, in a manner that reasonably allows subsequent Recipients to identify the
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109 originator of the Contribution.
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110
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111 4. COMMERCIAL DISTRIBUTION
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112
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113 Commercial distributors of software may accept certain responsibilities with
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114 respect to end users, business partners and the like. While this license is
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115 intended to facilitate the commercial use of the Program, the Contributor who
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116 includes the Program in a commercial product offering should do so in a manner
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117 which does not create potential liability for other Contributors. Therefore, if
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118 a Contributor includes the Program in a commercial product offering, such
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119 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
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120 every other Contributor ("Indemnified Contributor") against any losses, damages
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121 and costs (collectively "Losses") arising from claims, lawsuits and other legal
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122 actions brought by a third party against the Indemnified Contributor to the
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123 extent caused by the acts or omissions of such Commercial Contributor in
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124 connection with its distribution of the Program in a commercial product
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125 offering. The obligations in this section do not apply to any claims or Losses
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126 relating to any actual or alleged intellectual property infringement. In order
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127 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
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128 Contributor in writing of such claim, and b) allow the Commercial Contributor to
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129 control, and cooperate with the Commercial Contributor in, the defense and any
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130 related settlement negotiations. The Indemnified Contributor may participate in
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131 any such claim at its own expense.
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132
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133 For example, a Contributor might include the Program in a commercial product
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134 offering, Product X. That Contributor is then a Commercial Contributor. If that
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135 Commercial Contributor then makes performance claims, or offers warranties
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136 related to Product X, those performance claims and warranties are such
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137 Commercial Contributor's responsibility alone. Under this section, the
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138 Commercial Contributor would have to defend claims against the other
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139 Contributors related to those performance claims and warranties, and if a court
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140 requires any other Contributor to pay any damages as a result, the Commercial
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141 Contributor must pay those damages.
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142
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143 5. NO WARRANTY
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144
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145 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
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146 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
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147 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
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148 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
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149 Recipient is solely responsible for determining the appropriateness of using and
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150 distributing the Program and assumes all risks associated with its exercise of
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151 rights under this Agreement, including but not limited to the risks and costs of
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152 program errors, compliance with applicable laws, damage to or loss of data,
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153 programs or equipment, and unavailability or interruption of operations.
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154
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155 6. DISCLAIMER OF LIABILITY
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156
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157 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
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158 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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159 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
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160 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
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161 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
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162 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
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163 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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164
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165 7. GENERAL
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166
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167 If any provision of this Agreement is invalid or unenforceable under applicable
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168 law, it shall not affect the validity or enforceability of the remainder of the
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169 terms of this Agreement, and without further action by the parties hereto, such
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170 provision shall be reformed to the minimum extent necessary to make such
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171 provision valid and enforceable.
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172
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173 If Recipient institutes patent litigation against a Contributor with respect to
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174 a patent applicable to software (including a cross-claim or counterclaim in a
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175 lawsuit), then any patent licenses granted by that Contributor to such Recipient
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176 under this Agreement shall terminate as of the date such litigation is filed. In
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177 addition, if Recipient institutes patent litigation against any entity
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178 (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
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179 itself (excluding combinations of the Program with other software or hardware)
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180 infringes such Recipient's patent(s), then such Recipient's rights granted under
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181 Section 2(b) shall terminate as of the date such litigation is filed.
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182
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183 All Recipient's rights under this Agreement shall terminate if it fails to
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184 comply with any of the material terms or conditions of this Agreement and does
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185 not cure such failure in a reasonable period of time after becoming aware of
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186 such noncompliance. If all Recipient's rights under this Agreement terminate,
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187 Recipient agrees to cease use and distribution of the Program as soon as
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188 reasonably practicable. However, Recipient's obligations under this Agreement
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189 and any licenses granted by Recipient relating to the Program shall continue and
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190 survive.
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191
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192 Everyone is permitted to copy and distribute copies of this Agreement, but in
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193 order to avoid inconsistency the Agreement is copyrighted and may only be
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194 modified in the following manner. The Agreement Steward reserves the right to
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195 publish new versions (including revisions) of this Agreement from time to time.
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196 No one other than the Agreement Steward has the right to modify this Agreement.
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197 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
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198 as the Agreement Steward to a suitable separate entity. Each new version of the
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199 Agreement will be given a distinguishing version number. The Program (including
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200 Contributions) may always be distributed subject to the version of the Agreement
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201 under which it was received. In addition, after a new version of the Agreement
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202 is published, Contributor may elect to distribute the Program (including its
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203 Contributions) under the new version. Except as expressly stated in Sections
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204 2(a) and 2(b) above, Recipient receives no rights or licenses to the
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205 intellectual property of any Contributor under this Agreement, whether
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206 expressly, by implication, estoppel or otherwise. All rights in the Program not
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207 expressly granted under this Agreement are reserved.
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208
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209 This Agreement is governed by the laws of the State of New York and the
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210 intellectual property laws of the United States of America. No party to this
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211 Agreement will bring a legal action under this Agreement more than one year
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212 after the cause of action arose. Each party waives its rights to a jury trial in
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213 any resulting litigation.
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