| |
| 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: |
| |
| in the case of International Business Machines Corporation ("IBM"), the Original Program, and |
| in the case of each Contributor, |
| changes to the Program, and |
| 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 |
| 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. |
| 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. |
| |
| 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. |
| 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: |
| |
| it complies with the terms and conditions of this Agreement; and |
| its license agreement: |
| 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; |
| effectively excludes on behalf of all Contributors all liability |
| for damages, including direct, indirect, special, incidental and |
| consequential damages, such as lost profits; |
| states that any provisions which differ from this Agreement are |
| offered by that Contributor alone and not by any other party; and |
| |
| 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: |
| |
| it must be made available under this Agreement; and |
| 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 (C) 1996, 1999 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. |
| |