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date Tue, 10 Feb 2015 15:05:51 +0000
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1 Common Public License Version 1.0
2
3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
4 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
5 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
6
7 1. DEFINITIONS
8
9 "Contribution" means:
10
11 a) in the case of the initial Contributor, the initial code and
12 documentation distributed under this Agreement, and
13
14 b) in the case of each subsequent Contributor:
15
16 i) changes to the Program, and
17
18 ii) additions to the Program;
19
20 where such changes and/or additions to the Program originate from and are
21 distributed by that particular Contributor. A Contribution 'originates' from a
22 Contributor if it was added to the Program by such Contributor itself or anyone
23 acting on such Contributor's behalf. Contributions do not include additions to
24 the Program which: (i) are separate modules of software distributed in
25 conjunction with the Program under their own license agreement, and (ii) are not
26 derivative works of the Program.
27
28 "Contributor" means any person or entity that distributes the Program.
29
30 "Licensed Patents " mean patent claims licensable by a Contributor which are
31 necessarily infringed by the use or sale of its Contribution alone or when
32 combined with the Program.
33
34 "Program" means the Contributions distributed in accordance with this Agreement.
35
36 "Recipient" means anyone who receives the Program under this Agreement,
37 including all Contributors.
38
39 2. GRANT OF RIGHTS
40
41 a) Subject to the terms of this Agreement, each Contributor hereby grants
42 Recipient a non-exclusive, worldwide, royalty-free copyright license to
43 reproduce, prepare derivative works of, publicly display, publicly perform,
44 distribute and sublicense the Contribution of such Contributor, if any, and such
45 derivative works, in source code and object code form.
46
47 b) Subject to the terms of this Agreement, each Contributor hereby grants
48 Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
49 Patents to make, use, sell, offer to sell, import and otherwise transfer the
50 Contribution of such Contributor, if any, in source code and object code form.
51 This patent license shall apply to the combination of the Contribution and the
52 Program if, at the time the Contribution is added by the Contributor, such
53 addition of the Contribution causes such combination to be covered by the
54 Licensed Patents. The patent license shall not apply to any other combinations
55 which include the Contribution. No hardware per se is licensed hereunder.
56
57 c) Recipient understands that although each Contributor grants the licenses
58 to its Contributions set forth herein, no assurances are provided by any
59 Contributor that the Program does not infringe the patent or other intellectual
60 property rights of any other entity. Each Contributor disclaims any liability to
61 Recipient for claims brought by any other entity based on infringement of
62 intellectual property rights or otherwise. As a condition to exercising the
63 rights and licenses granted hereunder, each Recipient hereby assumes sole
64 responsibility to secure any other intellectual property rights needed, if any.
65 For example, if a third party patent license is required to allow Recipient to
66 distribute the Program, it is Recipient's responsibility to acquire that license
67 before distributing the Program.
68
69 d) Each Contributor represents that to its knowledge it has sufficient
70 copyright rights in its Contribution, if any, to grant the copyright license set
71 forth in this Agreement.
72
73 3. REQUIREMENTS
74
75 A Contributor may choose to distribute the Program in object code form under its
76 own license agreement, provided that:
77
78 a) it complies with the terms and conditions of this Agreement; and
79
80 b) its license agreement:
81
82 i) effectively disclaims on behalf of all Contributors all warranties and
83 conditions, express and implied, including warranties or conditions of title and
84 non-infringement, and implied warranties or conditions of merchantability and
85 fitness for a particular purpose;
86
87 ii) effectively excludes on behalf of all Contributors all liability for
88 damages, including direct, indirect, special, incidental and consequential
89 damages, such as lost profits;
90
91 iii) states that any provisions which differ from this Agreement are offered
92 by that Contributor alone and not by any other party; and
93
94 iv) states that source code for the Program is available from such
95 Contributor, and informs licensees how to obtain it in a reasonable manner on or
96 through a medium customarily used for software exchange.
97
98 When the Program is made available in source code form:
99
100 a) it must be made available under this Agreement; and
101
102 b) a copy of this Agreement must be included with each copy of the Program.
103
104 Contributors may not remove or alter any copyright notices contained within the
105 Program.
106
107 Each Contributor must identify itself as the originator of its Contribution, if
108 any, in a manner that reasonably allows subsequent Recipients to identify the
109 originator of the Contribution.
110
111 4. COMMERCIAL DISTRIBUTION
112
113 Commercial distributors of software may accept certain responsibilities with
114 respect to end users, business partners and the like. While this license is
115 intended to facilitate the commercial use of the Program, the Contributor who
116 includes the Program in a commercial product offering should do so in a manner
117 which does not create potential liability for other Contributors. Therefore, if
118 a Contributor includes the Program in a commercial product offering, such
119 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
120 every other Contributor ("Indemnified Contributor") against any losses, damages
121 and costs (collectively "Losses") arising from claims, lawsuits and other legal
122 actions brought by a third party against the Indemnified Contributor to the
123 extent caused by the acts or omissions of such Commercial Contributor in
124 connection with its distribution of the Program in a commercial product
125 offering. The obligations in this section do not apply to any claims or Losses
126 relating to any actual or alleged intellectual property infringement. In order
127 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
128 Contributor in writing of such claim, and b) allow the Commercial Contributor to
129 control, and cooperate with the Commercial Contributor in, the defense and any
130 related settlement negotiations. The Indemnified Contributor may participate in
131 any such claim at its own expense.
132
133 For example, a Contributor might include the Program in a commercial product
134 offering, Product X. That Contributor is then a Commercial Contributor. If that
135 Commercial Contributor then makes performance claims, or offers warranties
136 related to Product X, those performance claims and warranties are such
137 Commercial Contributor's responsibility alone. Under this section, the
138 Commercial Contributor would have to defend claims against the other
139 Contributors related to those performance claims and warranties, and if a court
140 requires any other Contributor to pay any damages as a result, the Commercial
141 Contributor must pay those damages.
142
143 5. NO WARRANTY
144
145 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
146 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
147 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
148 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
149 Recipient is solely responsible for determining the appropriateness of using and
150 distributing the Program and assumes all risks associated with its exercise of
151 rights under this Agreement, including but not limited to the risks and costs of
152 program errors, compliance with applicable laws, damage to or loss of data,
153 programs or equipment, and unavailability or interruption of operations.
154
155 6. DISCLAIMER OF LIABILITY
156
157 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
158 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
159 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
160 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
161 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
162 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
163 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
164
165 7. GENERAL
166
167 If any provision of this Agreement is invalid or unenforceable under applicable
168 law, it shall not affect the validity or enforceability of the remainder of the
169 terms of this Agreement, and without further action by the parties hereto, such
170 provision shall be reformed to the minimum extent necessary to make such
171 provision valid and enforceable.
172
173 If Recipient institutes patent litigation against a Contributor with respect to
174 a patent applicable to software (including a cross-claim or counterclaim in a
175 lawsuit), then any patent licenses granted by that Contributor to such Recipient
176 under this Agreement shall terminate as of the date such litigation is filed. In
177 addition, if Recipient institutes patent litigation against any entity
178 (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
179 itself (excluding combinations of the Program with other software or hardware)
180 infringes such Recipient's patent(s), then such Recipient's rights granted under
181 Section 2(b) shall terminate as of the date such litigation is filed.
182
183 All Recipient's rights under this Agreement shall terminate if it fails to
184 comply with any of the material terms or conditions of this Agreement and does
185 not cure such failure in a reasonable period of time after becoming aware of
186 such noncompliance. If all Recipient's rights under this Agreement terminate,
187 Recipient agrees to cease use and distribution of the Program as soon as
188 reasonably practicable. However, Recipient's obligations under this Agreement
189 and any licenses granted by Recipient relating to the Program shall continue and
190 survive.
191
192 Everyone is permitted to copy and distribute copies of this Agreement, but in
193 order to avoid inconsistency the Agreement is copyrighted and may only be
194 modified in the following manner. The Agreement Steward reserves the right to
195 publish new versions (including revisions) of this Agreement from time to time.
196 No one other than the Agreement Steward has the right to modify this Agreement.
197 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
198 as the Agreement Steward to a suitable separate entity. Each new version of the
199 Agreement will be given a distinguishing version number. The Program (including
200 Contributions) may always be distributed subject to the version of the Agreement
201 under which it was received. In addition, after a new version of the Agreement
202 is published, Contributor may elect to distribute the Program (including its
203 Contributions) under the new version. Except as expressly stated in Sections
204 2(a) and 2(b) above, Recipient receives no rights or licenses to the
205 intellectual property of any Contributor under this Agreement, whether
206 expressly, by implication, estoppel or otherwise. All rights in the Program not
207 expressly granted under this Agreement are reserved.
208
209 This Agreement is governed by the laws of the State of New York and the
210 intellectual property laws of the United States of America. No party to this
211 Agreement will bring a legal action under this Agreement more than one year
212 after the cause of action arose. Each party waives its rights to a jury trial in
213 any resulting litigation.