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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
1. DEFINITIONS
"Contribution" means:
"Contribution" means:
a. in the case of International Business Machines Corporation ("IBM"), the
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:
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.
the Program under their own license agreement, and (ii) are not
"Contributor" means IBM and any other entity that distributes the Program.
derivative works of 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.
"Contributor" means IBM and any other entity that distributes 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.
"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 Original Program and Contributions.
"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.
"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors.
"Program" means the Original Program and Contributions.
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.
"Recipient" means anyone who receives the Program under this Agreement, including
all Contributors.
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.
2. GRANT OF RIGHTS
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.
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.
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.
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.
3. REQUIREMENTS
A Contributor may choose to distribute
the Program in object code form under its own license agreement,
provided that:
c. Recipient understands that although each Contributor grants the
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.
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.
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 (C) 1996, 1999 International Business Machines Corporation and others.
All Rights Reserved.
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.
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
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.
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.
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.
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
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
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 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.
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.
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.
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.
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.