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License:IBMPLv1.0

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Name IBM Public License Version 1.0
URL http://www.ibm.com/developerworks/opensource/library/os-i18n2/os-ipl.html
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License text

IBM Public License Version 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

 1. DEFINITIONS

    "Contribution" means:
    
     a.  in the case of International Business Machines Corporation
         ("IBM"), the Original Program, and

     b.  in the case of each Contributor,

         i. changes to the Program, and
           
         ii. additions to the Program;

            where such changes and/or additions to the Program
            originate from and are distributed by that particular
            Contributor. A Contribution 'originates' from a
            Contributor if it was added to the Program by such
            Contributor itself or anyone acting on such Contributor's
            behalf. Contributions do not include additions to the
            Program which: (i) are separate modules of software
            distributed in conjunction with the Program under their
            own license agreement, and (ii) are not derivative works
            of the Program.

    "Contributor" means IBM and any other entity that distributes the Program.

    "Licensed Patents" mean patent claims licensable by a Contributor
    which are necessarily infringed by the use or sale of its
    Contribution alone or when combined with the Program.

    "Original Program" means the original version of the software
    accompanying this Agreement as released by IBM, including source
    code, object code and documentation, if any.

    "Program" means the Original Program and Contributions.

    "Recipient" means anyone who receives the Program under this
    Agreement, including all Contributors.

 2. GRANT OF RIGHTS

     a. Subject to the terms of this Agreement, each Contributor
        hereby grants Recipient a non-exclusive, worldwide,
        royalty-free copyright license to reproduce, prepare
        derivative works of, publicly display, publicly perform,
        distribute and sublicense the Contribution of such
        Contributor, if any, and such derivative works, in source code
        and object code form.

     b. Subject to the terms of this Agreement, each Contributor
        hereby grants Recipient a non-exclusive, worldwide,
        royalty-free patent license under Licensed Patents to make,
        use, sell, offer to sell, import and otherwise transfer the
        Contribution of such Contributor, if any, in source code and
        object code form. This patent license shall apply to the
        combination of the Contribution and the Program if, at the
        time the Contribution is added by the Contributor, such
        addition of the Contribution causes such combination to be
        covered by the Licensed Patents. The patent license shall not
        apply to any other combinations which include the
        Contribution. No hardware per se is licensed hereunder.

     c. Recipient understands that although each Contributor grants
        the licenses to its Contributions set forth herein, no
        assurances are provided by any Contributor that the Program
        does not infringe the patent or other intellectual property
        rights of any other entity. Each Contributor disclaims any
        liability to Recipient for claims brought by any other entity
        based on infringement of intellectual property rights or
        otherwise. As a condition to exercising the rights and
        licenses granted hereunder, each Recipient hereby assumes sole
        responsibility to secure any other intellectual property
        rights needed, if any. For example, if a third party patent
        license is required to allow Recipient to distribute the
        Program, it is Recipient's responsibility to acquire that
        license before distributing the Program.

     d. Each Contributor represents that to its knowledge it has
        sufficient copyright rights in its Contribution, if any, to
        grant the copyright license set forth in this Agreement.

 3. REQUIREMENTS

    A Contributor may choose to distribute the Program in object code
    form under its own license agreement, provided that:

     a. it complies with the terms and conditions of this Agreement; and
       
     b. its license agreement:

         i. effectively disclaims on behalf of all Contributors all
            warranties and conditions, express and implied, including
            warranties or conditions of title and non-infringement,
            and implied warranties or conditions of merchantability
            and fitness for a particular purpose;

        ii. effectively excludes on behalf of all Contributors all
            liability for damages, including direct, indirect,
            special, incidental and consequential damages, such as
            lost profits;

       iii. states that any provisions which differ from this
            Agreement are offered by that Contributor alone and not by
            any other party; and

        iv. states that source code for the Program is available from
            such Contributor, and informs licensees how to obtain it
            in a reasonable manner on or through a medium customarily
            used for software exchange.

    When the Program is made available in source code form:
       
     a. it must be made available under this Agreement; and

     b. a copy of this Agreement must be included with each copy of the Program.

    Each Contributor must include the following in a conspicuous
    location in the Program:

        Copyright© {date here}, International Business Machines
        Corporation and others. All Rights Reserved.

    In addition, each Contributor must identify itself as the
    originator of its Contribution, if any, in a manner that
    reasonably allows subsequent Recipients to identify the originator
    of the Contribution.

 4. COMMERCIAL DISTRIBUTION

    Commercial distributors of software may accept certain
    responsibilities with respect to end users, business partners and
    the like. While this license is intended to facilitate the
    commercial use of the Program, the Contributor who includes the
    Program in a commercial product offering should do so in a manner
    which does not create potential liability for other
    Contributors. Therefore, if a Contributor includes the Program in
    a commercial product offering, such Contributor ("Commercial
    Contributor") hereby agrees to defend and indemnify every other
    Contributor ("Indemnified Contributor") against any losses,
    damages and costs (collectively "Losses") arising from claims,
    lawsuits and other legal actions brought by a third party against
    the Indemnified Contributor to the extent caused by the acts or
    omissions of such Commercial Contributor in connection with its
    distribution of the Program in a commercial product offering. The
    obligations in this section do not apply to any claims or Losses
    relating to any actual or alleged intellectual property
    infringement. In order to qualify, an Indemnified Contributor
    must: a) promptly notify the Commercial Contributor in writing of
    such claim, and b) allow the Commercial Contributor to control,
    and cooperate with the Commercial Contributor in, the defense and
    any related settlement negotiations. The Indemnified Contributor
    may participate in any such claim at its own expense.

    For example, a Contributor might include the Program in a
    commercial product offering, Product X. That Contributor is then a
    Commercial Contributor. If that Commercial Contributor then makes
    performance claims, or offers warranties related to Product X,
    those performance claims and warranties are such Commercial
    Contributor's responsibility alone. Under this section, the
    Commercial Contributor would have to defend claims against the
    other Contributors related to those performance claims and
    warranties, and if a court requires any other Contributor to pay
    any damages as a result, the Commercial Contributor must pay those
    damages.  

 5. NO WARRANTY

    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
    PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
    ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
    ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
    MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
    Recipient is solely responsible for determining the
    appropriateness of using and distributing the Program and assumes
    all risks associated with its exercise of rights under this
    Agreement, including but not limited to the risks and costs of
    program errors, compliance with applicable laws, damage to or loss
    of data, programs or equipment, and unavailability or interruption
    of operations.

 6. DISCLAIMER OF LIABILITY

    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
    NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
    INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
    (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
    ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
    TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
    THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY
    RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF
    SUCH DAMAGES.

 7. GENERAL

    If any provision of this Agreement is invalid or unenforceable
    under applicable law, it shall not affect the validity or
    enforceability of the remainder of the terms of this Agreement,
    and without further action by the parties hereto, such provision
    shall be reformed to the minimum extent necessary to make such
    provision valid and enforceable.

    If Recipient institutes patent litigation against a Contributor
    with respect to a patent applicable to software (including a
    cross-claim or counterclaim in a lawsuit), then any patent
    licenses granted by that Contributor to such Recipient under this
    Agreement shall terminate as of the date such litigation is
    filed. In addition, If Recipient institutes patent litigation
    against any entity (including a cross-claim or counterclaim in a
    lawsuit) alleging that the Program itself (excluding combinations
    of the Program with other software or hardware) infringes such
    Recipient's patent(s), then such Recipient's rights granted under
    Section 2(b) shall terminate as of the date such litigation is
    filed.

    All Recipient's rights under this Agreement shall terminate if it
    fails to comply with any of the material terms or conditions of
    this Agreement and does not cure such failure in a reasonable
    period of time after becoming aware of such noncompliance. If all
    Recipient's rights under this Agreement terminate, Recipient
    agrees to cease use and distribution of the Program as soon as
    reasonably practicable. However, Recipient's obligations under
    this Agreement and any licenses granted by Recipient relating to
    the Program shall continue and survive.

    IBM may publish new versions (including revisions) of this
    Agreement from time to time. Each new version of the Agreement
    will be given a distinguishing version number. The Program
    (including Contributions) may always be distributed subject to the
    version of the Agreement under which it was received. In addition,
    after a new version of the Agreement is published, Contributor may
    elect to distribute the Program (including its Contributions)
    under the new version. No one other than IBM has the right to
    modify this Agreement. Except as expressly stated in Sections 2(a)
    and 2(b) above, Recipient receives no rights or licenses to the
    intellectual property of any Contributor under this Agreement,
    whether expressly, by implication, estoppel or otherwise. All
    rights in the Program not expressly granted under this Agreement
    are reserved.

    This Agreement is governed by the laws of the State of New York
    and the intellectual property laws of the United States of
    America. No party to this Agreement will bring a legal action
    under this Agreement more than one year after the cause of action
    arose. Each party waives its rights to a jury trial in any
    resulting litigation.




Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. A copy of the license is included in the page “GNU Free Documentation License”.

The copyright and license notices on this page only apply to the text on this page. Any software or copyright-licenses or other similar notices described in this text has its own copyright notice and license, which can usually be found in the distribution or license text itself.


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