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