Difference between revisions of "License:CPL-1.0"

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Updated 16 Apr 2009
 
Updated 16 Apr 2009
  
As of 25 Feb 2009, IBM has assigned the Agreement Steward role for the CPL to
+
As of 25 Feb 2009, IBM has assigned the Agreement Steward role for the
the Eclipse Foundation. Eclipse has designated the Eclipse Public License (EPL)
+
CPL to the Eclipse Foundation. Eclipse has designated the Eclipse
as the follow-on version of the CPL.
+
Public License (EPL) as the follow-on version of the CPL.
  
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
+
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
+
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
+
THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
  
 
1. DEFINITIONS
 
1. DEFINITIONS
Line 22: Line 22:
  
 
     a) in the case of the initial Contributor, the initial code and
 
     a) in the case of the initial Contributor, the initial code and
documentation distributed under this Agreement, and
+
    documentation distributed under this Agreement, and
 
     b) in the case of each subsequent Contributor:
 
     b) in the case of each subsequent Contributor:
  
Line 29: Line 29:
 
     ii) additions to the Program;
 
     ii) additions to the Program;
  
     where such changes and/or additions to the Program originate from and are
+
     where such changes and/or additions to the Program originate from
distributed by that particular Contributor. A Contribution 'originates' from a
+
    and are distributed by that particular Contributor. A Contribution
Contributor if it was added to the Program by such Contributor itself or anyone
+
    'originates' from a Contributor if it was added to the Program by
acting on such Contributor's behalf. Contributions do not include additions to
+
    such Contributor itself or anyone acting on such Contributor's
the Program which: (i) are separate modules of software distributed in
+
    behalf. Contributions do not include additions to the Program
conjunction with the Program under their own license agreement, and (ii) are
+
    which: (i) are separate modules of software distributed in
not derivative works of the Program.  
+
    conjunction with the Program under their own license agreement,
 +
    and (ii) are not derivative works of the Program.
  
 
"Contributor" means any person or entity that distributes the Program.
 
"Contributor" means any person or entity that distributes the Program.
  
"Licensed Patents " mean patent claims licensable by a Contributor which are
+
"Licensed Patents " mean patent claims licensable by a Contributor
necessarily infringed by the use or sale of its Contribution alone or when
+
which are necessarily infringed by the use or sale of its Contribution
combined with the Program.
+
alone or when combined with the Program.
  
 
"Program" means the Contributions distributed in accordance with this
 
"Program" means the Contributions distributed in accordance with this
 
Agreement.
 
Agreement.
  
"Recipient" means anyone who receives the Program under this Agreement,
+
"Recipient" means anyone who receives the Program under this
including all Contributors.
+
Agreement, including all Contributors.
  
 
2. GRANT OF RIGHTS
 
2. GRANT OF RIGHTS
  
     a) Subject to the terms of this Agreement, each Contributor hereby grants
+
     a) Subject to the terms of this Agreement, each Contributor hereby
Recipient a non-exclusive, worldwide, royalty-free copyright license to
+
    grants Recipient a non-exclusive, worldwide, royalty-free
reproduce, prepare derivative works of, publicly display, publicly perform,
+
    copyright license to reproduce, prepare derivative works of,
distribute and sublicense the Contribution of such Contributor, if any, and
+
    publicly display, publicly perform, distribute and sublicense the
such derivative works, in source code and object code form.
+
    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
+
     b) Subject to the terms of this Agreement, each Contributor hereby
Recipient a non-exclusive, worldwide, royalty-free patent license under
+
    grants Recipient a non-exclusive, worldwide, royalty-free patent
Licensed Patents to make, use, sell, offer to sell, import and otherwise
+
    license under Licensed Patents to make, use, sell, offer to sell,
transfer the Contribution of such Contributor, if any, in source code and
+
    import and otherwise transfer the Contribution of such
object code form. This patent license shall apply to the combination of the
+
    Contributor, if any, in source code and object code form. This
Contribution and the Program if, at the time the Contribution is added by the
+
    patent license shall apply to the combination of the Contribution
Contributor, such addition of the Contribution causes such combination to be
+
    and the Program if, at the time the Contribution is added by the
covered by the Licensed Patents. The patent license shall not apply to any
+
    Contributor, such addition of the Contribution causes such
other combinations which include the Contribution. No hardware per se is
+
    combination to be covered by the Licensed Patents. The patent
licensed hereunder.  
+
    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
+
     c) Recipient understands that although each Contributor grants the
to its Contributions set forth herein, no assurances are provided by any
+
    licenses to its Contributions set forth herein, no assurances are
Contributor that the Program does not infringe the patent or other intellectual
+
    provided by any Contributor that the Program does not infringe the
property rights of any other entity. Each Contributor disclaims any liability
+
    patent or other intellectual property rights of any other
to Recipient for claims brought by any other entity based on infringement of
+
    entity. Each Contributor disclaims any liability to Recipient for
intellectual property rights or otherwise. As a condition to exercising the
+
    claims brought by any other entity based on infringement of
rights and licenses granted hereunder, each Recipient hereby assumes sole
+
    intellectual property rights or otherwise. As a condition to
responsibility to secure any other intellectual property rights needed, if any.
+
    exercising the rights and licenses granted hereunder, each
For example, if a third party patent license is required to allow Recipient to
+
    Recipient hereby assumes sole responsibility to secure any other
distribute the Program, it is Recipient's responsibility to acquire that
+
    intellectual property rights needed, if any. For example, if a
license before distributing the Program.
+
    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
+
     d) Each Contributor represents that to its knowledge it has
copyright rights in its Contribution, if any, to grant the copyright license
+
    sufficient copyright rights in its Contribution, if any, to grant
set forth in this Agreement.  
+
    the copyright license set forth in this Agreement.
  
 
3. REQUIREMENTS
 
3. REQUIREMENTS
  
A Contributor may choose to distribute the Program in object code form under
+
A Contributor may choose to distribute the Program in object code form
its own license agreement, provided that:
+
under its own license agreement, provided that:
  
     a) it complies with the terms and conditions of this Agreement; and
+
     a) it complies with the terms and conditions of this Agreement;
 +
    and
  
 
     b) its license agreement:
 
     b) its license agreement:
  
     i) effectively disclaims on behalf of all Contributors all warranties and
+
     i) effectively disclaims on behalf of all Contributors all
conditions, express and implied, including warranties or conditions of title
+
    warranties and conditions, express and implied, including
and non-infringement, and implied warranties or conditions of merchantability
+
    warranties or conditions of title and non-infringement, and
and fitness for a particular purpose;  
+
    implied warranties or conditions of merchantability and fitness
 +
    for a particular purpose;
  
     ii) effectively excludes on behalf of all Contributors all liability for
+
     ii) effectively excludes on behalf of all Contributors all
damages, including direct, indirect, special, incidental and consequential
+
    liability for damages, including direct, indirect, special,
damages, such as lost profits;  
+
    incidental and consequential damages, such as lost profits;
  
     iii)   states that any provisions which differ from this Agreement are
+
     iii) states that any provisions which differ from this Agreement
offered by that Contributor alone and not by any other party; and
+
    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
 
     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
+
    Contributor, and informs licensees how to obtain it in a
or through a medium customarily used for software exchange.  
+
    reasonable manner on or through a medium customarily used for
 +
    software exchange.
  
 
When the Program is made available in source code form:
 
When the Program is made available in source code form:
  
     a) it must be made available under this Agreement; and  
+
     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.  
+
     b) a copy of this Agreement must be included with each copy of the
 +
    Program.
  
Contributors may not remove or alter any copyright notices contained within the
+
Contributors may not remove or alter any copyright notices contained
Program.
+
within the Program.
  
Each Contributor must identify itself as the originator of its Contribution, if
+
Each Contributor must identify itself as the originator of its
any, in a manner that reasonably allows subsequent Recipients to identify the
+
Contribution, if any, in a manner that reasonably allows subsequent
originator of the Contribution.
+
Recipients to identify the originator of the Contribution.
  
 
4. COMMERCIAL DISTRIBUTION
 
4. COMMERCIAL DISTRIBUTION
  
Commercial distributors of software may accept certain responsibilities with
+
Commercial distributors of software may accept certain
respect to end users, business partners and the like. While this license is
+
responsibilities with respect to end users, business partners and the
intended to facilitate the commercial use of the Program, the Contributor who
+
like. While this license is intended to facilitate the commercial use
includes the Program in a commercial product offering should do so in a manner
+
of the Program, the Contributor who includes the Program in a
which does not create potential liability for other Contributors. Therefore, if
+
commercial product offering should do so in a manner which does not
a Contributor includes the Program in a commercial product offering, such
+
create potential liability for other Contributors. Therefore, if a
Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
+
Contributor includes the Program in a commercial product offering,
every other Contributor ("Indemnified Contributor") against any losses, damages
+
such Contributor ("Commercial Contributor") hereby agrees to defend
and costs (collectively "Losses") arising from claims, lawsuits and other legal
+
and indemnify every other Contributor ("Indemnified Contributor")
actions brought by a third party against the Indemnified Contributor to the
+
against any losses, damages and costs (collectively "Losses") arising
extent caused by the acts or omissions of such Commercial Contributor in
+
from claims, lawsuits and other legal actions brought by a third party
connection with its distribution of the Program in a commercial product
+
against the Indemnified Contributor to the extent caused by the acts
offering. The obligations in this section do not apply to any claims or Losses
+
or omissions of such Commercial Contributor in connection with its
relating to any actual or alleged intellectual property infringement. In order
+
distribution of the Program in a commercial product offering. The
to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
+
obligations in this section do not apply to any claims or Losses
Contributor in writing of such claim, and b) allow the Commercial Contributor
+
relating to any actual or alleged intellectual property
to control, and cooperate with the Commercial Contributor in, the defense and
+
infringement. In order to qualify, an Indemnified Contributor must: a)
any related settlement negotiations. The Indemnified Contributor may
+
promptly notify the Commercial Contributor in writing of such claim,
participate in any such claim at its own expense.
+
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
+
For example, a Contributor might include the Program in a commercial
offering, Product X. That Contributor is then a Commercial Contributor. If that
+
product offering, Product X. That Contributor is then a Commercial
Commercial Contributor then makes performance claims, or offers warranties
+
Contributor. If that Commercial Contributor then makes performance
related to Product X, those performance claims and warranties are such
+
claims, or offers warranties related to Product X, those performance
Commercial Contributor's responsibility alone. Under this section, the
+
claims and warranties are such Commercial Contributor's responsibility
Commercial Contributor would have to defend claims against the other
+
alone. Under this section, the Commercial Contributor would have to
Contributors related to those performance claims and warranties, and if a court
+
defend claims against the other Contributors related to those
requires any other Contributor to pay any damages as a result, the Commercial
+
performance claims and warranties, and if a court requires any other
Contributor must pay those damages.
+
Contributor to pay any damages as a result, the Commercial Contributor
 +
must pay those damages.
  
 
5. NO WARRANTY
 
5. NO WARRANTY
  
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
+
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
+
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
+
KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
+
WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
Recipient is solely responsible for determining the appropriateness of using
+
OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
and distributing the Program and assumes all risks associated with its exercise
+
responsible for determining the appropriateness of using and
of rights under this Agreement, including but not limited to the risks and
+
distributing the Program and assumes all risks associated with its
costs of program errors, compliance with applicable laws, damage to or loss of
+
exercise of rights under this Agreement, including but not limited to
data, programs or equipment, and unavailability or interruption of operations.
+
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
 
6. DISCLAIMER OF LIABILITY
  
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
+
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
+
ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
+
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
+
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
+
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
+
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
+
DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
 +
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  
 
7. GENERAL
 
7. GENERAL
  
If any provision of this Agreement is invalid or unenforceable under applicable
+
If any provision of this Agreement is invalid or unenforceable under
law, it shall not affect the validity or enforceability of the remainder of the
+
applicable law, it shall not affect the validity or enforceability of
terms of this Agreement, and without further action by the parties hereto, such
+
the remainder of the terms of this Agreement, and without further
provision shall be reformed to the minimum extent necessary to make such
+
action by the parties hereto, such provision shall be reformed to the
provision valid and enforceable.
+
minimum extent necessary to make such provision valid and enforceable.
  
If Recipient institutes patent litigation against a Contributor with respect to
+
If Recipient institutes patent litigation against a Contributor with
a patent applicable to software (including a cross-claim or counterclaim in a
+
respect to a patent applicable to software (including a cross-claim or
lawsuit), then any patent licenses granted by that Contributor to such
+
counterclaim in a lawsuit), then any patent licenses granted by that
Recipient under this Agreement shall terminate as of the date such litigation
+
Contributor to such Recipient under this Agreement shall terminate as
is filed. In addition, if Recipient institutes patent litigation against any
+
of the date such litigation is filed. In addition, if Recipient
entity (including a cross-claim or counterclaim in a lawsuit) alleging that the
+
institutes patent litigation against any entity (including a
Program itself (excluding combinations of the Program with other software or
+
cross-claim or counterclaim in a lawsuit) alleging that the Program
hardware) infringes such Recipient's patent(s), then such Recipient's rights
+
itself (excluding combinations of the Program with other software or
granted under Section 2(b) shall terminate as of the date such litigation is
+
hardware) infringes such Recipient's patent(s), then such Recipient's
filed.
+
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
+
All Recipient's rights under this Agreement shall terminate if it
comply with any of the material terms or conditions of this Agreement and does
+
fails to comply with any of the material terms or conditions of this
not cure such failure in a reasonable period of time after becoming aware of
+
Agreement and does not cure such failure in a reasonable period of
such noncompliance. If all Recipient's rights under this Agreement terminate,
+
time after becoming aware of such noncompliance. If all Recipient's
Recipient agrees to cease use and distribution of the Program as soon as
+
rights under this Agreement terminate, Recipient agrees to cease use
reasonably practicable. However, Recipient's obligations under this Agreement
+
and distribution of the Program as soon as reasonably
and any licenses granted by Recipient relating to the Program shall continue
+
practicable. However, Recipient's obligations under this Agreement and
and survive.
+
any licenses granted by Recipient relating to the Program shall
 +
continue and survive.
  
Everyone is permitted to copy and distribute copies of this Agreement, but in
+
Everyone is permitted to copy and distribute copies of this Agreement,
order to avoid inconsistency the Agreement is copyrighted and may only be
+
but in order to avoid inconsistency the Agreement is copyrighted and
modified in the following manner. The Agreement Steward reserves the right to
+
may only be modified in the following manner. The Agreement Steward
publish new versions (including revisions) of this Agreement from time to time.
+
reserves the right to publish new versions (including revisions) of
No one other than the Agreement Steward has the right to modify this Agreement.
+
this Agreement from time to time. No one other than the Agreement
IBM is the initial Agreement Steward. IBM may assign the responsibility to
+
Steward has the right to modify this Agreement. IBM is the initial
serve as the Agreement Steward to a suitable separate entity. Each new version
+
Agreement Steward. IBM may assign the responsibility to serve as the
of the Agreement will be given a distinguishing version number. The Program
+
Agreement Steward to a suitable separate entity. Each new version of
(including Contributions) may always be distributed subject to the version of
+
the Agreement will be given a distinguishing version number. The
the Agreement under which it was received. In addition, after a new version of
+
Program (including Contributions) may always be distributed subject to
the Agreement is published, Contributor may elect to distribute the Program
+
the version of the Agreement under which it was received. In addition,
(including its Contributions) under the new version. Except as expressly stated
+
after a new version of the Agreement is published, Contributor may
in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to
+
elect to distribute the Program (including its Contributions) under
the intellectual property of any Contributor under this Agreement, whether
+
the new version. Except as expressly stated in Sections 2(a) and 2(b)
expressly, by implication, estoppel or otherwise. All rights in the Program not
+
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.
 
expressly granted under this Agreement are reserved.
  
This Agreement is governed by the laws of the State of New York and the
+
This Agreement is governed by the laws of the State of New York and
intellectual property laws of the United States of America. No party to this
+
the intellectual property laws of the United States of America. No
Agreement will bring a legal action under this Agreement more than one year
+
party to this Agreement will bring a legal action under this Agreement
after the cause of action arose. Each party waives its rights to a jury trial
+
more than one year after the cause of action arose. Each party waives
in any resulting litigation.
+
its rights to a jury trial in any resulting litigation.
 
 
 
</pre>
 
</pre>
  
 
}}
 
}}

Revision as of 17:33, 2 August 2012

Name Common Public License
URL http://www.gnu.org/licenses/license-list.html#CommonPublicLicense10
Comment

License text

Common Public License - v 1.0

Updated 16 Apr 2009

As of 25 Feb 2009, IBM has assigned the Agreement Steward role for the
CPL to the Eclipse Foundation. Eclipse has designated the Eclipse
Public License (EPL) as the follow-on version of the CPL.

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
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 the initial Contributor, the initial code and
    documentation distributed under this Agreement, and
    b) in the case of each subsequent 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 any person or 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.

"Program" means the Contributions distributed in accordance with this
Agreement.

"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.

Contributors may not remove or alter any copyright notices contained
within the Program.

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.

Everyone is permitted to copy and distribute copies of this Agreement,
but in order to avoid inconsistency the Agreement is copyrighted and
may only be modified in the following manner. The Agreement Steward
reserves the right to publish new versions (including revisions) of
this Agreement from time to time. No one other than the Agreement
Steward has the right to modify this Agreement. IBM is the initial
Agreement Steward. IBM may assign the responsibility to serve as the
Agreement Steward to a suitable separate entity. 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. 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.





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