Patrick Williams | c124f4f | 2015-09-15 14:41:29 -0500 | [diff] [blame^] | 1 | |
| 2 | IBM Public License Version 1.0 |
| 3 | |
| 4 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM |
| 5 | PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION |
| 6 | OF THE PROGRAM CONSTITUTES RECIPIENT`S ACCEPTANCE OF THIS AGREEMENT. |
| 7 | |
| 8 | 1. DEFINITIONS |
| 9 | "Contribution" means: |
| 10 | |
| 11 | in the case of International Business Machines Corporation ("IBM"), the Original Program, and |
| 12 | in the case of each Contributor, |
| 13 | changes to the Program, and |
| 14 | additions to the Program; |
| 15 | where such changes and/or additions to the Program originate from and |
| 16 | are distributed by that particular Contributor. A Contribution |
| 17 | `originates` from a Contributor if it was added to the Program by |
| 18 | such Contributor itself or anyone acting on such Contributor`s |
| 19 | behalf. Contributions do not include additions to the Program which: |
| 20 | (i) are separate modules of software distributed in conjunction with |
| 21 | the Program under their own license agreement, and (ii) are not |
| 22 | derivative works of the Program. |
| 23 | |
| 24 | "Contributor" means IBM and any other entity that distributes the Program. |
| 25 | |
| 26 | "Licensed Patents " mean patent claims licensable by a |
| 27 | Contributor which are necessarily infringed by the use or sale of its |
| 28 | Contribution alone or when combined with the Program. |
| 29 | |
| 30 | "Original Program" means the original version of the software |
| 31 | accompanying this Agreement as released by IBM, including source |
| 32 | code, object code and documentation, if any. |
| 33 | |
| 34 | "Program" means the Original Program and Contributions. |
| 35 | |
| 36 | "Recipient" means anyone who receives the Program under this |
| 37 | Agreement, including all Contributors. |
| 38 | |
| 39 | 2. GRANT OF RIGHTS |
| 40 | Subject to the terms of this Agreement, each Contributor hereby |
| 41 | grants Recipient a non-exclusive, worldwide, royalty-free copyright |
| 42 | license to reproduce, prepare derivative works of, publicly display, |
| 43 | publicly perform, distribute and sublicense the Contribution of such |
| 44 | Contributor, if any, and such derivative works, in source code and |
| 45 | object code form. |
| 46 | Subject to the terms of this Agreement, each Contributor hereby |
| 47 | grants Recipient a non-exclusive, worldwide, royalty-free patent |
| 48 | license under Licensed Patents to make, use, sell, offer to sell, |
| 49 | import and otherwise transfer the Contribution of such Contributor, |
| 50 | if any, in source code and object code form. This patent license |
| 51 | shall apply to the combination of the Contribution and the Program |
| 52 | if, at the time the Contribution is added by the Contributor, such |
| 53 | addition of the Contribution causes such combination to be covered by |
| 54 | the Licensed Patents. The patent license shall not apply to any |
| 55 | other combinations which include the Contribution. No hardware per |
| 56 | se is licensed hereunder. |
| 57 | |
| 58 | Recipient understands that although each Contributor grants the |
| 59 | licenses to its Contributions set forth herein, no assurances are |
| 60 | provided by any Contributor that the Program does not infringe the |
| 61 | patent or other intellectual property rights of any other entity. |
| 62 | Each Contributor disclaims any liability to Recipient for claims |
| 63 | brought by any other entity based on infringement of intellectual |
| 64 | property rights or otherwise. As a condition to exercising the |
| 65 | rights and licenses granted hereunder, each Recipient hereby assumes |
| 66 | sole responsibility to secure any other intellectual property rights |
| 67 | needed, if any. For example, if a third party patent license is |
| 68 | required to allow Recipient to distribute the Program, it is |
| 69 | Recipient`s responsibility to acquire that license before |
| 70 | distributing the Program. |
| 71 | Each Contributor represents that to its knowledge it has |
| 72 | sufficient copyright rights in its Contribution, if any, to grant the |
| 73 | copyright license set forth in this Agreement. |
| 74 | 3. REQUIREMENTS |
| 75 | A Contributor may choose to distribute |
| 76 | the Program in object code form under its own license agreement, |
| 77 | provided that: |
| 78 | |
| 79 | it complies with the terms and conditions of this Agreement; and |
| 80 | its license agreement: |
| 81 | effectively disclaims on behalf of all Contributors all warranties |
| 82 | and conditions, express and implied, including warranties or |
| 83 | conditions of title and non-infringement, and implied warranties or |
| 84 | conditions of merchantability and fitness for a particular purpose; |
| 85 | effectively excludes on behalf of all Contributors all liability |
| 86 | for damages, including direct, indirect, special, incidental and |
| 87 | consequential damages, such as lost profits; |
| 88 | states that any provisions which differ from this Agreement are |
| 89 | offered by that Contributor alone and not by any other party; and |
| 90 | |
| 91 | states that source code for the Program is available from such |
| 92 | Contributor, and informs licensees how to obtain it in a reasonable |
| 93 | manner on or through a medium customarily used for software exchange. |
| 94 | When the Program is made available in source code form: |
| 95 | |
| 96 | it must be made available under this Agreement; and |
| 97 | a copy of this Agreement must be included with each copy of the |
| 98 | Program. |
| 99 | Each Contributor must include the following in a conspicuous location in the Program: |
| 100 | |
| 101 | Copyright (C) 1996, 1999 International Business Machines Corporation and others. All Rights Reserved. |
| 102 | |
| 103 | In addition, each Contributor must identify itself as the originator |
| 104 | of its Contribution, if any, in a manner that reasonably allows |
| 105 | subsequent Recipients to identify the originator of the Contribution. |
| 106 | |
| 107 | 4. COMMERCIAL DISTRIBUTION |
| 108 | Commercial distributors of software may accept certain |
| 109 | responsibilities with respect to end users, business partners and the |
| 110 | like. While this license is intended to facilitate the commercial |
| 111 | use of the Program, the Contributor who includes the Program in a |
| 112 | commercial product offering should do so in a manner which does not |
| 113 | create potential liability for other Contributors. Therefore, if a |
| 114 | Contributor includes the Program in a commercial product offering, |
| 115 | such Contributor ("Commercial Contributor") hereby agrees to defend |
| 116 | and indemnify every other Contributor ("Indemnified Contributor") |
| 117 | against any losses, damages and costs (collectively "Losses") arising |
| 118 | from claims, lawsuits and other legal actions brought by a third |
| 119 | party against the Indemnified Contributor to the extent caused by the |
| 120 | acts or omissions of such Commercial Contributor in connection with |
| 121 | its distribution of the Program in a commercial product offering. |
| 122 | The obligations in this section do not apply to any claims or Losses |
| 123 | relating to any actual or alleged intellectual property infringement. |
| 124 | In order to qualify, an Indemnified Contributor must: a) promptly |
| 125 | notify the Commercial Contributor in writing of such claim, and b) |
| 126 | allow the Commercial Contributor to control, and cooperate with the |
| 127 | Commercial Contributor in, the defense and any related settlement |
| 128 | negotiations. The Indemnified Contributor may participate in any |
| 129 | such claim at its own expense. |
| 130 | |
| 131 | For example, a Contributor might include the Program in a commercial |
| 132 | product offering, Product X. That Contributor is then a Commercial |
| 133 | Contributor. If that Commercial Contributor then makes performance |
| 134 | claims, or offers warranties related to Product X, those performance |
| 135 | claims and warranties are such Commercial Contributor`s |
| 136 | responsibility alone. Under this section, the Commercial Contributor |
| 137 | would have to defend claims against the other Contributors related to |
| 138 | those performance claims and warranties, and if a court requires any |
| 139 | other Contributor to pay any damages as a result, the Commercial |
| 140 | Contributor must pay those damages. |
| 141 | |
| 142 | 5. NO WARRANTY |
| 143 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS |
| 144 | PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY |
| 145 | KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY |
| 146 | WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY |
| 147 | OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely |
| 148 | responsible for determining the appropriateness of using and |
| 149 | distributing the Program and assumes all risks associated with its |
| 150 | exercise of rights under this Agreement, including but not limited to |
| 151 | the risks and costs of program errors, compliance with applicable |
| 152 | laws, damage to or loss of data, programs or equipment, and |
| 153 | unavailability or interruption of operations. |
| 154 | |
| 155 | 6. DISCLAIMER OF LIABILITY |
| 156 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT |
| 157 | NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, |
| 158 | INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES |
| 159 | (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON |
| 160 | ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR |
| 161 | TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF |
| 162 | THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
| 163 | GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 164 | |
| 165 | 7. GENERAL |
| 166 | If any provision of this Agreement is invalid or unenforceable under |
| 167 | applicable law, it shall not affect the validity or enforceability of |
| 168 | the remainder of the terms of this Agreement, and without further |
| 169 | action by the parties hereto, such provision shall be reformed to the |
| 170 | minimum extent necessary to make such provision valid and enforceable. |
| 171 | |
| 172 | If Recipient institutes patent litigation against a Contributor with |
| 173 | respect to a patent applicable to software (including a cross-claim |
| 174 | or counterclaim in a lawsuit), then any patent licenses granted by |
| 175 | that Contributor to such Recipient under this Agreement shall |
| 176 | terminate as of the date such litigation is filed. In addition, if |
| 177 | Recipient institutes patent litigation against any entity (including |
| 178 | a cross-claim or counterclaim in a lawsuit) alleging that the Program |
| 179 | itself (excluding combinations of the Program with other software or |
| 180 | hardware) infringes such Recipient`s patent(s), then such Recipient`s |
| 181 | rights granted under Section 2(b) shall terminate as of the date such |
| 182 | litigation is filed. |
| 183 | |
| 184 | All Recipient`s rights under this Agreement shall terminate if it |
| 185 | fails to comply with any of the material terms or conditions of this |
| 186 | Agreement and does not cure such failure in a reasonable period of |
| 187 | time after becoming aware of such noncompliance. If all Recipient`s |
| 188 | rights under this Agreement terminate, Recipient agrees to cease use |
| 189 | and distribution of the Program as soon as reasonably practicable. |
| 190 | However, Recipient`s obligations under this Agreement and any |
| 191 | licenses granted by Recipient relating to the Program shall continue |
| 192 | and survive. |
| 193 | |
| 194 | IBM may publish new versions (including revisions) of this Agreement |
| 195 | from time to time. Each new version of the Agreement will be given a |
| 196 | distinguishing version number. The Program (including Contributions) |
| 197 | may always be distributed subject to the version of the Agreement |
| 198 | under which it was received. In addition, after a new version of the |
| 199 | Agreement is published, Contributor may elect to distribute the |
| 200 | Program (including its Contributions) under the new version. No one |
| 201 | other than IBM has the right to modify this Agreement. Except as |
| 202 | expressly stated in Sections 2(a) and 2(b) above, Recipient receives |
| 203 | no rights or licenses to the intellectual property of any Contributor |
| 204 | under this Agreement, whether expressly, by implication, estoppel or |
| 205 | otherwise. All rights in the Program not expressly granted under |
| 206 | this Agreement are reserved. |
| 207 | |
| 208 | This Agreement is governed by the laws of the State of New York and |
| 209 | the intellectual property laws of the United States of America. No |
| 210 | party to this Agreement will bring a legal action under this |
| 211 | Agreement more than one year after the cause of action arose. Each |
| 212 | party waives its rights to a jury trial in any resulting litigation. |
| 213 | |