wolffd@0: Common Public License Version 1.0
wolffd@0: 
wolffd@0: THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
wolffd@0: LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
wolffd@0: CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
wolffd@0: 
wolffd@0: 1. DEFINITIONS
wolffd@0: 
wolffd@0: "Contribution" means:
wolffd@0: 
wolffd@0:     a) in the case of the initial Contributor, the initial code and
wolffd@0: documentation distributed under this Agreement, and
wolffd@0: 
wolffd@0:     b) in the case of each subsequent Contributor:
wolffd@0: 
wolffd@0:     i) changes to the Program, and
wolffd@0: 
wolffd@0:     ii) additions to the Program;
wolffd@0: 
wolffd@0:     where such changes and/or additions to the Program originate from and are
wolffd@0: distributed by that particular Contributor. A Contribution 'originates' from a
wolffd@0: Contributor if it was added to the Program by such Contributor itself or anyone
wolffd@0: acting on such Contributor's behalf. Contributions do not include additions to
wolffd@0: the Program which: (i) are separate modules of software distributed in
wolffd@0: conjunction with the Program under their own license agreement, and (ii) are not
wolffd@0: derivative works of the Program.
wolffd@0: 
wolffd@0: "Contributor" means any person or entity that distributes the Program.
wolffd@0: 
wolffd@0: "Licensed Patents " mean patent claims licensable by a Contributor which are
wolffd@0: necessarily infringed by the use or sale of its Contribution alone or when
wolffd@0: combined with the Program.
wolffd@0: 
wolffd@0: "Program" means the Contributions distributed in accordance with this Agreement.
wolffd@0: 
wolffd@0: "Recipient" means anyone who receives the Program under this Agreement,
wolffd@0: including all Contributors.
wolffd@0: 
wolffd@0: 2. GRANT OF RIGHTS
wolffd@0: 
wolffd@0:     a) Subject to the terms of this Agreement, each Contributor hereby grants
wolffd@0: Recipient a non-exclusive, worldwide, royalty-free copyright license to
wolffd@0: reproduce, prepare derivative works of, publicly display, publicly perform,
wolffd@0: distribute and sublicense the Contribution of such Contributor, if any, and such
wolffd@0: derivative works, in source code and object code form.
wolffd@0: 
wolffd@0:     b) Subject to the terms of this Agreement, each Contributor hereby grants
wolffd@0: Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
wolffd@0: Patents to make, use, sell, offer to sell, import and otherwise transfer the
wolffd@0: Contribution of such Contributor, if any, in source code and object code form.
wolffd@0: This patent license shall apply to the combination of the Contribution and the
wolffd@0: Program if, at the time the Contribution is added by the Contributor, such
wolffd@0: addition of the Contribution causes such combination to be covered by the
wolffd@0: Licensed Patents. The patent license shall not apply to any other combinations
wolffd@0: which include the Contribution. No hardware per se is licensed hereunder.
wolffd@0: 
wolffd@0:     c) Recipient understands that although each Contributor grants the licenses
wolffd@0: to its Contributions set forth herein, no assurances are provided by any
wolffd@0: Contributor that the Program does not infringe the patent or other intellectual
wolffd@0: property rights of any other entity. Each Contributor disclaims any liability to
wolffd@0: Recipient for claims brought by any other entity based on infringement of
wolffd@0: intellectual property rights or otherwise. As a condition to exercising the
wolffd@0: rights and licenses granted hereunder, each Recipient hereby assumes sole
wolffd@0: responsibility to secure any other intellectual property rights needed, if any.
wolffd@0: For example, if a third party patent license is required to allow Recipient to
wolffd@0: distribute the Program, it is Recipient's responsibility to acquire that license
wolffd@0: before distributing the Program.
wolffd@0: 
wolffd@0:     d) Each Contributor represents that to its knowledge it has sufficient
wolffd@0: copyright rights in its Contribution, if any, to grant the copyright license set
wolffd@0: forth in this Agreement.
wolffd@0: 
wolffd@0: 3. REQUIREMENTS
wolffd@0: 
wolffd@0: A Contributor may choose to distribute the Program in object code form under its
wolffd@0: own license agreement, provided that:
wolffd@0: 
wolffd@0:     a) it complies with the terms and conditions of this Agreement; and
wolffd@0: 
wolffd@0:     b) its license agreement:
wolffd@0: 
wolffd@0:     i) effectively disclaims on behalf of all Contributors all warranties and
wolffd@0: conditions, express and implied, including warranties or conditions of title and
wolffd@0: non-infringement, and implied warranties or conditions of merchantability and
wolffd@0: fitness for a particular purpose;
wolffd@0: 
wolffd@0:     ii) effectively excludes on behalf of all Contributors all liability for
wolffd@0: damages, including direct, indirect, special, incidental and consequential
wolffd@0: damages, such as lost profits;
wolffd@0: 
wolffd@0:     iii) states that any provisions which differ from this Agreement are offered
wolffd@0: by that Contributor alone and not by any other party; and
wolffd@0: 
wolffd@0:     iv) states that source code for the Program is available from such
wolffd@0: Contributor, and informs licensees how to obtain it in a reasonable manner on or
wolffd@0: through a medium customarily used for software exchange. 
wolffd@0: 
wolffd@0: When the Program is made available in source code form:
wolffd@0: 
wolffd@0:     a) it must be made available under this Agreement; and
wolffd@0: 
wolffd@0:     b) a copy of this Agreement must be included with each copy of the Program. 
wolffd@0: 
wolffd@0: Contributors may not remove or alter any copyright notices contained within the
wolffd@0: Program.
wolffd@0: 
wolffd@0: Each Contributor must identify itself as the originator of its Contribution, if
wolffd@0: any, in a manner that reasonably allows subsequent Recipients to identify the
wolffd@0: originator of the Contribution.
wolffd@0: 
wolffd@0: 4. COMMERCIAL DISTRIBUTION
wolffd@0: 
wolffd@0: Commercial distributors of software may accept certain responsibilities with
wolffd@0: respect to end users, business partners and the like. While this license is
wolffd@0: intended to facilitate the commercial use of the Program, the Contributor who
wolffd@0: includes the Program in a commercial product offering should do so in a manner
wolffd@0: which does not create potential liability for other Contributors. Therefore, if
wolffd@0: a Contributor includes the Program in a commercial product offering, such
wolffd@0: Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
wolffd@0: every other Contributor ("Indemnified Contributor") against any losses, damages
wolffd@0: and costs (collectively "Losses") arising from claims, lawsuits and other legal
wolffd@0: actions brought by a third party against the Indemnified Contributor to the
wolffd@0: extent caused by the acts or omissions of such Commercial Contributor in
wolffd@0: connection with its distribution of the Program in a commercial product
wolffd@0: offering. The obligations in this section do not apply to any claims or Losses
wolffd@0: relating to any actual or alleged intellectual property infringement. In order
wolffd@0: to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
wolffd@0: Contributor in writing of such claim, and b) allow the Commercial Contributor to
wolffd@0: control, and cooperate with the Commercial Contributor in, the defense and any
wolffd@0: related settlement negotiations. The Indemnified Contributor may participate in
wolffd@0: any such claim at its own expense.
wolffd@0: 
wolffd@0: For example, a Contributor might include the Program in a commercial product
wolffd@0: offering, Product X. That Contributor is then a Commercial Contributor. If that
wolffd@0: Commercial Contributor then makes performance claims, or offers warranties
wolffd@0: related to Product X, those performance claims and warranties are such
wolffd@0: Commercial Contributor's responsibility alone. Under this section, the
wolffd@0: Commercial Contributor would have to defend claims against the other
wolffd@0: Contributors related to those performance claims and warranties, and if a court
wolffd@0: requires any other Contributor to pay any damages as a result, the Commercial
wolffd@0: Contributor must pay those damages.
wolffd@0: 
wolffd@0: 5. NO WARRANTY
wolffd@0: 
wolffd@0: EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
wolffd@0: "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
wolffd@0: IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
wolffd@0: NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
wolffd@0: Recipient is solely responsible for determining the appropriateness of using and
wolffd@0: distributing the Program and assumes all risks associated with its exercise of
wolffd@0: rights under this Agreement, including but not limited to the risks and costs of
wolffd@0: program errors, compliance with applicable laws, damage to or loss of data,
wolffd@0: programs or equipment, and unavailability or interruption of operations.
wolffd@0: 
wolffd@0: 6. DISCLAIMER OF LIABILITY
wolffd@0: 
wolffd@0: EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
wolffd@0: CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
wolffd@0: SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
wolffd@0: PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
wolffd@0: STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
wolffd@0: OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
wolffd@0: GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
wolffd@0: 
wolffd@0: 7. GENERAL
wolffd@0: 
wolffd@0: If any provision of this Agreement is invalid or unenforceable under applicable
wolffd@0: law, it shall not affect the validity or enforceability of the remainder of the
wolffd@0: terms of this Agreement, and without further action by the parties hereto, such
wolffd@0: provision shall be reformed to the minimum extent necessary to make such
wolffd@0: provision valid and enforceable.
wolffd@0: 
wolffd@0: If Recipient institutes patent litigation against a Contributor with respect to
wolffd@0: a patent applicable to software (including a cross-claim or counterclaim in a
wolffd@0: lawsuit), then any patent licenses granted by that Contributor to such Recipient
wolffd@0: under this Agreement shall terminate as of the date such litigation is filed. In
wolffd@0: addition, if Recipient institutes patent litigation against any entity
wolffd@0: (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
wolffd@0: itself (excluding combinations of the Program with other software or hardware)
wolffd@0: infringes such Recipient's patent(s), then such Recipient's rights granted under
wolffd@0: Section 2(b) shall terminate as of the date such litigation is filed.
wolffd@0: 
wolffd@0: All Recipient's rights under this Agreement shall terminate if it fails to
wolffd@0: comply with any of the material terms or conditions of this Agreement and does
wolffd@0: not cure such failure in a reasonable period of time after becoming aware of
wolffd@0: such noncompliance. If all Recipient's rights under this Agreement terminate,
wolffd@0: Recipient agrees to cease use and distribution of the Program as soon as
wolffd@0: reasonably practicable. However, Recipient's obligations under this Agreement
wolffd@0: and any licenses granted by Recipient relating to the Program shall continue and
wolffd@0: survive.
wolffd@0: 
wolffd@0: Everyone is permitted to copy and distribute copies of this Agreement, but in
wolffd@0: order to avoid inconsistency the Agreement is copyrighted and may only be
wolffd@0: modified in the following manner. The Agreement Steward reserves the right to
wolffd@0: publish new versions (including revisions) of this Agreement from time to time.
wolffd@0: No one other than the Agreement Steward has the right to modify this Agreement.
wolffd@0: IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
wolffd@0: as the Agreement Steward to a suitable separate entity. Each new version of the
wolffd@0: Agreement will be given a distinguishing version number. The Program (including
wolffd@0: Contributions) may always be distributed subject to the version of the Agreement
wolffd@0: under which it was received. In addition, after a new version of the Agreement
wolffd@0: is published, Contributor may elect to distribute the Program (including its
wolffd@0: Contributions) under the new version. Except as expressly stated in Sections
wolffd@0: 2(a) and 2(b) above, Recipient receives no rights or licenses to the
wolffd@0: intellectual property of any Contributor under this Agreement, whether
wolffd@0: expressly, by implication, estoppel or otherwise. All rights in the Program not
wolffd@0: expressly granted under this Agreement are reserved.
wolffd@0: 
wolffd@0: This Agreement is governed by the laws of the State of New York and the
wolffd@0: intellectual property laws of the United States of America. No party to this
wolffd@0: Agreement will bring a legal action under this Agreement more than one year
wolffd@0: after the cause of action arose. Each party waives its rights to a jury trial in
wolffd@0: any resulting litigation.