Patrick Williams | c124f4f | 2015-09-15 14:41:29 -0500 | [diff] [blame] | 1 | |
| 2 | Common Public License Version 1.0 |
| 3 | |
| 4 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC |
| 5 | LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
| 6 | CONSTITUTES RECIPIENT`S ACCEPTANCE OF THIS AGREEMENT. |
| 7 | |
| 8 | 1. DEFINITIONS |
| 9 | |
| 10 | "Contribution" means: |
| 11 | |
| 12 | a) in the case of the initial Contributor, the initial code and |
| 13 | documentation distributed under this Agreement, and |
| 14 | |
| 15 | b) in the case of each subsequent Contributor: |
| 16 | |
| 17 | i) changes to the Program, and |
| 18 | |
| 19 | ii) additions to the Program; |
| 20 | |
| 21 | where such changes and/or additions to the Program originate from and are |
| 22 | distributed by that particular Contributor. A Contribution `originates` from a |
| 23 | Contributor if it was added to the Program by such Contributor itself or anyone |
| 24 | acting on such Contributor`s behalf. Contributions do not include additions to |
| 25 | the Program which: (i) are separate modules of software distributed in |
| 26 | conjunction with the Program under their own license agreement, and (ii) are not |
| 27 | derivative works of the Program. |
| 28 | |
| 29 | "Contributor" means any person or entity that distributes the Program. |
| 30 | |
| 31 | "Licensed Patents " mean patent claims licensable by a Contributor which are |
| 32 | necessarily infringed by the use or sale of its Contribution alone or when |
| 33 | combined with the Program. |
| 34 | |
| 35 | "Program" means the Contributions distributed in accordance with this Agreement. |
| 36 | |
| 37 | "Recipient" means anyone who receives the Program under this Agreement, |
| 38 | including all Contributors. |
| 39 | |
| 40 | 2. GRANT OF RIGHTS |
| 41 | |
| 42 | a) Subject to the terms of this Agreement, each Contributor hereby grants |
| 43 | Recipient a non-exclusive, worldwide, royalty-free copyright license to |
| 44 | reproduce, prepare derivative works of, publicly display, publicly perform, |
| 45 | distribute and sublicense the Contribution of such Contributor, if any, and such |
| 46 | derivative works, in source code and object code form. |
| 47 | |
| 48 | b) Subject to the terms of this Agreement, each Contributor hereby grants |
| 49 | Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed |
| 50 | Patents to make, use, sell, offer to sell, import and otherwise transfer the |
| 51 | Contribution of such Contributor, if any, in source code and object code form. |
| 52 | This patent license shall apply to the combination of the Contribution and the |
| 53 | Program if, at the time the Contribution is added by the Contributor, such |
| 54 | addition of the Contribution causes such combination to be covered by the |
| 55 | Licensed Patents. The patent license shall not apply to any other combinations |
| 56 | which include the Contribution. No hardware per se is licensed hereunder. |
| 57 | |
| 58 | c) Recipient understands that although each Contributor grants the licenses |
| 59 | to its Contributions set forth herein, no assurances are provided by any |
| 60 | Contributor that the Program does not infringe the patent or other intellectual |
| 61 | property rights of any other entity. Each Contributor disclaims any liability to |
| 62 | Recipient for claims brought by any other entity based on infringement of |
| 63 | intellectual property rights or otherwise. As a condition to exercising the |
| 64 | rights and licenses granted hereunder, each Recipient hereby assumes sole |
| 65 | responsibility to secure any other intellectual property rights needed, if any. |
| 66 | For example, if a third party patent license is required to allow Recipient to |
| 67 | distribute the Program, it is Recipient`s responsibility to acquire that license |
| 68 | before distributing the Program. |
| 69 | |
| 70 | d) Each Contributor represents that to its knowledge it has sufficient |
| 71 | copyright rights in its Contribution, if any, to grant the copyright license set |
| 72 | forth in this Agreement. |
| 73 | |
| 74 | 3. REQUIREMENTS |
| 75 | |
| 76 | A Contributor may choose to distribute the Program in object code form under its |
| 77 | own license agreement, provided that: |
| 78 | |
| 79 | a) it complies with the terms and conditions of this Agreement; and |
| 80 | |
| 81 | b) its license agreement: |
| 82 | |
| 83 | i) effectively disclaims on behalf of all Contributors all warranties and |
| 84 | conditions, express and implied, including warranties or conditions of title and |
| 85 | non-infringement, and implied warranties or conditions of merchantability and |
| 86 | fitness for a particular purpose; |
| 87 | |
| 88 | ii) effectively excludes on behalf of all Contributors all liability for |
| 89 | damages, including direct, indirect, special, incidental and consequential |
| 90 | damages, such as lost profits; |
| 91 | |
| 92 | iii) states that any provisions which differ from this Agreement are offered |
| 93 | by that Contributor alone and not by any other party; and |
| 94 | |
| 95 | iv) states that source code for the Program is available from such |
| 96 | Contributor, and informs licensees how to obtain it in a reasonable manner on or |
| 97 | through a medium customarily used for software exchange. |
| 98 | |
| 99 | When the Program is made available in source code form: |
| 100 | |
| 101 | a) it must be made available under this Agreement; and |
| 102 | |
| 103 | b) a copy of this Agreement must be included with each copy of the Program. |
| 104 | |
| 105 | Contributors may not remove or alter any copyright notices contained within the |
| 106 | Program. |
| 107 | |
| 108 | Each Contributor must identify itself as the originator of its Contribution, if |
| 109 | any, in a manner that reasonably allows subsequent Recipients to identify the |
| 110 | originator of the Contribution. |
| 111 | |
| 112 | 4. COMMERCIAL DISTRIBUTION |
| 113 | |
| 114 | Commercial distributors of software may accept certain responsibilities with |
| 115 | respect to end users, business partners and the like. While this license is |
| 116 | intended to facilitate the commercial use of the Program, the Contributor who |
| 117 | includes the Program in a commercial product offering should do so in a manner |
| 118 | which does not create potential liability for other Contributors. Therefore, if |
| 119 | a Contributor includes the Program in a commercial product offering, such |
| 120 | Contributor ("Commercial Contributor") hereby agrees to defend and indemnify |
| 121 | every other Contributor ("Indemnified Contributor") against any losses, damages |
| 122 | and costs (collectively "Losses") arising from claims, lawsuits and other legal |
| 123 | actions brought by a third party against the Indemnified Contributor to the |
| 124 | extent caused by the acts or omissions of such Commercial Contributor in |
| 125 | connection with its distribution of the Program in a commercial product |
| 126 | offering. The obligations in this section do not apply to any claims or Losses |
| 127 | relating to any actual or alleged intellectual property infringement. In order |
| 128 | to qualify, an Indemnified Contributor must: a) promptly notify the Commercial |
| 129 | Contributor in writing of such claim, and b) allow the Commercial Contributor to |
| 130 | control, and cooperate with the Commercial Contributor in, the defense and any |
| 131 | related settlement negotiations. The Indemnified Contributor may participate in |
| 132 | any such claim at its own expense. |
| 133 | |
| 134 | For example, a Contributor might include the Program in a commercial product |
| 135 | offering, Product X. That Contributor is then a Commercial Contributor. If that |
| 136 | Commercial Contributor then makes performance claims, or offers warranties |
| 137 | related to Product X, those performance claims and warranties are such |
| 138 | Commercial Contributor`s responsibility alone. Under this section, the |
| 139 | Commercial Contributor would have to defend claims against the other |
| 140 | Contributors related to those performance claims and warranties, and if a court |
| 141 | requires any other Contributor to pay any damages as a result, the Commercial |
| 142 | Contributor must pay those damages. |
| 143 | |
| 144 | 5. NO WARRANTY |
| 145 | |
| 146 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN |
| 147 | "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
| 148 | IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
| 149 | NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each |
| 150 | Recipient is solely responsible for determining the appropriateness of using and |
| 151 | distributing the Program and assumes all risks associated with its exercise of |
| 152 | rights under this Agreement, including but not limited to the risks and costs of |
| 153 | program errors, compliance with applicable laws, damage to or loss of data, |
| 154 | programs or equipment, and unavailability or interruption of operations. |
| 155 | |
| 156 | 6. DISCLAIMER OF LIABILITY |
| 157 | |
| 158 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
| 159 | CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| 160 | SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
| 161 | PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
| 162 | STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY |
| 163 | OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
| 164 | GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 165 | |
| 166 | 7. GENERAL |
| 167 | |
| 168 | If any provision of this Agreement is invalid or unenforceable under applicable |
| 169 | law, it shall not affect the validity or enforceability of the remainder of the |
| 170 | terms of this Agreement, and without further action by the parties hereto, such |
| 171 | provision shall be reformed to the minimum extent necessary to make such |
| 172 | provision valid and enforceable. |
| 173 | |
| 174 | If Recipient institutes patent litigation against a Contributor with respect to |
| 175 | a patent applicable to software (including a cross-claim or counterclaim in a |
| 176 | lawsuit), then any patent licenses granted by that Contributor to such Recipient |
| 177 | under this Agreement shall terminate as of the date such litigation is filed. In |
| 178 | addition, if Recipient institutes patent litigation against any entity |
| 179 | (including a cross-claim or counterclaim in a lawsuit) alleging that the Program |
| 180 | itself (excluding combinations of the Program with other software or hardware) |
| 181 | infringes such Recipient`s patent(s), then such Recipient`s rights granted under |
| 182 | Section 2(b) shall terminate as of the date such litigation is filed. |
| 183 | |
| 184 | All Recipient`s rights under this Agreement shall terminate if it fails to |
| 185 | comply with any of the material terms or conditions of this Agreement and does |
| 186 | not cure such failure in a reasonable period of time after becoming aware of |
| 187 | such noncompliance. If all Recipient`s rights under this Agreement terminate, |
| 188 | Recipient agrees to cease use and distribution of the Program as soon as |
| 189 | reasonably practicable. However, Recipient`s obligations under this Agreement |
| 190 | and any licenses granted by Recipient relating to the Program shall continue and |
| 191 | survive. |
| 192 | |
| 193 | Everyone is permitted to copy and distribute copies of this Agreement, but in |
| 194 | order to avoid inconsistency the Agreement is copyrighted and may only be |
| 195 | modified in the following manner. The Agreement Steward reserves the right to |
| 196 | publish new versions (including revisions) of this Agreement from time to time. |
| 197 | No one other than the Agreement Steward has the right to modify this Agreement. |
| 198 | IBM is the initial Agreement Steward. IBM may assign the responsibility to serve |
| 199 | as the Agreement Steward to a suitable separate entity. Each new version of the |
| 200 | Agreement will be given a distinguishing version number. The Program (including |
| 201 | Contributions) may always be distributed subject to the version of the Agreement |
| 202 | under which it was received. In addition, after a new version of the Agreement |
| 203 | is published, Contributor may elect to distribute the Program (including its |
| 204 | Contributions) under the new version. Except as expressly stated in Sections |
| 205 | 2(a) and 2(b) above, Recipient receives no rights or licenses to the |
| 206 | intellectual property of any Contributor under this Agreement, whether |
| 207 | expressly, by implication, estoppel or otherwise. All rights in the Program not |
| 208 | expressly granted under this Agreement are reserved. |
| 209 | |
| 210 | This Agreement is governed by the laws of the State of New York and the |
| 211 | intellectual property laws of the United States of America. No party to this |
| 212 | Agreement will bring a legal action under this Agreement more than one year |
| 213 | after the cause of action arose. Each party waives its rights to a jury trial in |
| 214 | any resulting litigation. |
| 215 | |