| blob | f1d3be113f66552b7f687af11ab29596756c27f5 |
8 THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
9 DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
10 AGREEMENT.</FONT>
16 the case of each subsequent Contributor:</FONT></UL>
21 Contribution 'originates' from a Contributor if it was added to the Program by
22 such Contributor itself or anyone acting on such Contributor's behalf.
24 which: (i) are separate modules of software distributed in conjunction with
25 the Program under their own license agreement, and (ii) are not derivative
26 works of the Program. </FONT></UL>
29 Program.</FONT>
32 Contributor which are necessarily infringed by the use or sale of its
33 Contribution alone or when combined with the Program. </FONT>
36 distributed in accordance with this Agreement.</FONT>
39 Agreement, including all Contributors.</FONT>
44 Recipient a non-exclusive, worldwide, royalty-free copyright license
46 derivative works of, publicly display, publicly perform, distribute and
47 sublicense the Contribution of such Contributor, if any, and such derivative
48 works, in source code and object code form.</FONT></UL>
54 offer to sell, import and otherwise transfer the Contribution of such
55 Contributor, if any, in source code and object code form. This patent license
56 shall apply to the combination of the Contribution and the Program if, at the
57 time the Contribution is added by the Contributor, such addition of the
58 Contribution causes such combination to be covered by the Licensed Patents.
59 The patent license shall not apply to any other combinations which include the
60 Contribution. No hardware per se is licensed hereunder. </FONT></UL>
63 grants the licenses to its Contributions set forth herein, no assurances are
64 provided by any Contributor that the Program does not infringe the patent or
65 other intellectual property rights of any other entity. Each Contributor
66 disclaims any liability to Recipient for claims brought by any other entity
67 based on infringement of intellectual property rights or otherwise. As a
68 condition to exercising the rights and licenses granted hereunder, each
69 Recipient hereby assumes sole responsibility to secure any other intellectual
70 property rights needed, if any. For example, if a third party patent license
71 is required to allow Recipient to distribute the Program, it is Recipient's
72 responsibility to acquire that license before distributing the
73 Program.</FONT></UL>
76 sufficient copyright rights in its Contribution, if any, to grant the
77 copyright license set forth in this Agreement. </FONT></UL>
81 object code form under its own license agreement, provided that:</FONT>
83 Agreement; and</FONT></UL>
86 Contributors all warranties and conditions, express and implied, including
87 warranties or conditions of title and non-infringement, and implied warranties
88 or conditions of merchantability and fitness for a particular purpose;
89 </FONT></UL>
91 liability for damages, including direct, indirect, special, incidental and
92 consequential damages, such as lost profits; </FONT></UL>
94 differ from this Agreement are offered by that Contributor alone and not by
95 any other party; and</FONT></UL>
97 such Contributor, and informs licensees how to obtain it in a reasonable
98 manner on or through a medium customarily used for software
104 </FONT></UL>
106 of the Program. </FONT></UL>
109 may not remove or alter any copyright notices contained within the Program.
110 </FONT>
113 Contribution, if any, in a manner that reasonably allows subsequent Recipients
114 to identify the originator of the Contribution. </FONT>
118 responsibilities with respect to end users, business partners and the like.
119 While this license is intended to facilitate the commercial use of the Program,
120 the Contributor who includes the Program in a commercial product offering should
121 do so in a manner which does not create potential liability for other
122 Contributors. Therefore, if a Contributor includes the Program in a commercial
123 product offering, such Contributor ("Commercial Contributor") hereby agrees to
124 defend and indemnify every other Contributor ("Indemnified Contributor") against
125 any losses, damages and costs (collectively "Losses") arising from claims,
126 lawsuits and other legal actions brought by a third party against the
127 Indemnified Contributor to the extent caused by the acts or omissions of such
128 Commercial Contributor in connection with its distribution of the Program in a
129 commercial product offering. The obligations in this section do not apply to any
130 claims or Losses relating to any actual or alleged intellectual property
131 infringement. In order to qualify, an Indemnified Contributor must: a) promptly
132 notify the Commercial Contributor in writing of such claim, and b) allow the
133 Commercial Contributor to control, and cooperate with the Commercial Contributor
134 in, the defense and any related settlement negotiations. The Indemnified
135 Contributor may participate in any such claim at its own expense.</FONT>
138 commercial product offering, Product X. That Contributor is then a Commercial
139 Contributor. If that Commercial Contributor then makes performance claims, or
140 offers warranties related to Product X, those performance claims and warranties
141 are such Commercial Contributor's responsibility alone. Under this section, the
142 Commercial Contributor would have to defend claims against the other
143 Contributors related to those performance claims and warranties, and if a court
144 requires any other Contributor to pay any damages as a result, the Commercial
145 Contributor must pay those damages.</FONT>
149 PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
150 EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
151 CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
153 determining the appropriateness of using and distributing </FONT><FONT
156 limited to the risks and costs of program errors, compliance with applicable
163 AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR
164 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
167 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
168 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
169 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</FONT>
173 invalid or unenforceable under applicable law, it shall not affect the validity
174 or enforceability of the remainder of the terms of this Agreement, and without
175 further action by the parties hereto, such provision shall be reformed to the
176 minimum extent necessary to make such provision valid and enforceable.</FONT>
179 with respect to a patent applicable to software (including a cross-claim or
180 counterclaim in a lawsuit), then any patent licenses granted by that Contributor
181 to such Recipient under this Agreement shall terminate as of the date such
182 litigation is filed. In addition, if Recipient institutes patent litigation
183 against any entity (including a cross-claim or counterclaim in a lawsuit)
184 alleging that the Program itself (excluding combinations of the Program with
185 other software or hardware) infringes such Recipient's patent(s), then such
186 Recipient's rights granted under Section 2(b) shall terminate as of the date
190 it fails to comply with any of the material terms or conditions of this
191 Agreement and does not cure such failure in a reasonable period of time after
192 becoming aware of such noncompliance. If all Recipient's rights under this
193 Agreement terminate, Recipient agrees to cease use and distribution of the
194 Program as soon as reasonably practicable. However, Recipient's obligations
195 under this Agreement and any licenses granted by Recipient relating to the
199 copies of this Agreement, but in order to avoid inconsistency the Agreement is
200 copyrighted and may only be modified in the following manner. The Agreement
203 No one other than the Agreement Steward has the right to modify this Agreement.
204 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
206 new version of the Agreement will be given a distinguishing version number. The
207 Program (including Contributions) may always be distributed subject to the
208 version of the Agreement under which it was received. In addition, after a new
209 version of the Agreement is published, Contributor may elect to distribute the
212 Recipient receives no rights or licenses to the intellectual property of any
215 rights in the Program not expressly granted under this Agreement are
216 reserved.</FONT>
219 and the intellectual property laws of the United States of America. No party to
220 this Agreement will bring a legal action under this Agreement more than one year
221 after the cause of action arose. Each party waives its rights to a jury trial in
222 any resulting litigation.</FONT>