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2 | This license covers all software that refers to the URL |
3 | http://www.opensource.org/licenses/cpl1.0.txt |
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6 Common Public License Version 1.0
8 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
9 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
10 THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
16 a) in the case of the initial Contributor, the initial code and
17 documentation distributed under this Agreement, and
19 b) in the case of each subsequent Contributor:
21 i) changes to the Program, and
23 ii) additions to the Program;
25 where such changes and/or additions to the Program originate from
26 and are distributed by that particular Contributor. A Contribution
27 'originates' from a Contributor if it was added to the Program by
28 such Contributor itself or anyone acting on such Contributor's
29 behalf. Contributions do not include additions to the Program
30 which: (i) are separate modules of software distributed in
31 conjunction with the Program under their own license agreement, and
32 (ii) are not derivative works of the Program.
34 "Contributor" means any person or entity that distributes the Program.
36 "Licensed Patents " mean patent claims licensable by a Contributor
37 which are necessarily infringed by the use or sale of its Contribution
38 alone or when combined with the Program.
40 "Program" means the Contributions distributed in accordance with this
43 "Recipient" means anyone who receives the Program under this
44 Agreement, including all Contributors.
48 a) Subject to the terms of this Agreement, each Contributor hereby
49 grants Recipient a non-exclusive, worldwide, royalty-free copyright
50 license to reproduce, prepare derivative works of, publicly
51 display, publicly perform, distribute and sublicense the
52 Contribution of such Contributor, if any, and such derivative
53 works, in source code and object code form.
55 b) Subject to the terms of this Agreement, each Contributor hereby
56 grants Recipient a non-exclusive, worldwide, royalty-free patent
57 license under Licensed Patents to make, use, sell, offer to sell,
58 import and otherwise transfer the Contribution of such Contributor,
59 if any, in source code and object code form. This patent license
60 shall apply to the combination of the Contribution and the Program
61 if, at the time the Contribution is added by the Contributor, such
62 addition of the Contribution causes such combination to be covered
63 by the Licensed Patents. The patent license shall not apply to any
64 other combinations which include the Contribution. No hardware per
65 se is licensed hereunder.
67 c) Recipient understands that although each Contributor grants the
68 licenses to its Contributions set forth herein, no assurances are
69 provided by any Contributor that the Program does not infringe the
70 patent or other intellectual property rights of any other entity.
71 Each Contributor disclaims any liability to Recipient for claims
72 brought by any other entity based on infringement of intellectual
73 property rights or otherwise. As a condition to exercising the
74 rights and licenses granted hereunder, each Recipient hereby
75 assumes sole responsibility to secure any other intellectual
76 property rights needed, if any. For example, if a third party
77 patent license is required to allow Recipient to distribute the
78 Program, it is Recipient's responsibility to acquire that license
79 before distributing the Program.
81 d) Each Contributor represents that to its knowledge it has
82 sufficient copyright rights in its Contribution, if any, to grant
83 the copyright license set forth in this Agreement.
87 A Contributor may choose to distribute the Program in object code form
88 under its own license agreement, provided that:
90 a) it complies with the terms and conditions of this Agreement; and
92 b) its license agreement:
94 i) effectively disclaims on behalf of all Contributors all
95 warranties and conditions, express and implied, including
96 warranties or conditions of title and non-infringement, and implied
97 warranties or conditions of merchantability and fitness for a
100 ii) effectively excludes on behalf of all Contributors all
101 liability for damages, including direct, indirect, special,
102 incidental and consequential damages, such as lost profits;
104 iii) states that any provisions which differ from this Agreement
105 are offered by that Contributor alone and not by any other party;
108 iv) states that source code for the Program is available from such
109 Contributor, and informs licensees how to obtain it in a reasonable
110 manner on or through a medium customarily used for software
113 When the Program is made available in source code form:
115 a) it must be made available under this Agreement; and
117 b) a copy of this Agreement must be included with each copy of the
120 Contributors may not remove or alter any copyright notices contained
123 Each Contributor must identify itself as the originator of its
124 Contribution, if any, in a manner that reasonably allows subsequent
125 Recipients to identify the originator of the Contribution.
127 4. COMMERCIAL DISTRIBUTION
129 Commercial distributors of software may accept certain
130 responsibilities with respect to end users, business partners and the
131 like. While this license is intended to facilitate the commercial use
132 of the Program, the Contributor who includes the Program in a
133 commercial product offering should do so in a manner which does not
134 create potential liability for other Contributors. Therefore, if a
135 Contributor includes the Program in a commercial product offering,
136 such Contributor ("Commercial Contributor") hereby agrees to defend
137 and indemnify every other Contributor ("Indemnified Contributor")
138 against any losses, damages and costs (collectively "Losses") arising
139 from claims, lawsuits and other legal actions brought by a third party
140 against the Indemnified Contributor to the extent caused by the acts
141 or omissions of such Commercial Contributor in connection with its
142 distribution of the Program in a commercial product offering. The
143 obligations in this section do not apply to any claims or Losses
144 relating to any actual or alleged intellectual property infringement.
145 In order to qualify, an Indemnified Contributor must: a) promptly
146 notify the Commercial Contributor in writing of such claim, and b)
147 allow the Commercial Contributor to control, and cooperate with the
148 Commercial Contributor in, the defense and any related settlement
149 negotiations. The Indemnified Contributor may participate in any such
150 claim at its own expense.
152 For example, a Contributor might include the Program in a commercial
153 product offering, Product X. That Contributor is then a Commercial
154 Contributor. If that Commercial Contributor then makes performance
155 claims, or offers warranties related to Product X, those performance
156 claims and warranties are such Commercial Contributor's responsibility
157 alone. Under this section, the Commercial Contributor would have to
158 defend claims against the other Contributors related to those
159 performance claims and warranties, and if a court requires any other
160 Contributor to pay any damages as a result, the Commercial Contributor
161 must pay those damages.
165 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
166 PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
167 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
168 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
169 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
170 responsible for determining the appropriateness of using and
171 distributing the Program and assumes all risks associated with its
172 exercise of rights under this Agreement, including but not limited to
173 the risks and costs of program errors, compliance with applicable
174 laws, damage to or loss of data, programs or equipment, and
175 unavailability or interruption of operations.
177 6. DISCLAIMER OF LIABILITY
179 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
180 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
181 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
182 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
183 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
184 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
185 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
186 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
190 If any provision of this Agreement is invalid or unenforceable under
191 applicable law, it shall not affect the validity or enforceability of
192 the remainder of the terms of this Agreement, and without further
193 action by the parties hereto, such provision shall be reformed to the
194 minimum extent necessary to make such provision valid and enforceable.
196 If Recipient institutes patent litigation against a Contributor with
197 respect to a patent applicable to software (including a cross-claim or
198 counterclaim in a lawsuit), then any patent licenses granted by that
199 Contributor to such Recipient under this Agreement shall terminate as
200 of the date such litigation is filed. In addition, if Recipient
201 institutes patent litigation against any entity (including a
202 cross-claim or counterclaim in a lawsuit) alleging that the Program
203 itself (excluding combinations of the Program with other software or
204 hardware) infringes such Recipient's patent(s), then such Recipient's
205 rights granted under Section 2(b) shall terminate as of the date such
208 All Recipient's rights under this Agreement shall terminate if it
209 fails to comply with any of the material terms or conditions of this
210 Agreement and does not cure such failure in a reasonable period of
211 time after becoming aware of such noncompliance. If all Recipient's
212 rights under this Agreement terminate, Recipient agrees to cease use
213 and distribution of the Program as soon as reasonably practicable.
214 However, Recipient's obligations under this Agreement and any licenses
215 granted by Recipient relating to the Program shall continue and
218 Everyone is permitted to copy and distribute copies of this Agreement,
219 but in order to avoid inconsistency the Agreement is copyrighted and
220 may only be modified in the following manner. The Agreement Steward
221 reserves the right to publish new versions (including revisions) of
222 this Agreement from time to time. No one other than the Agreement
223 Steward has the right to modify this Agreement. IBM is the initial
224 Agreement Steward. IBM may assign the responsibility to serve as the
225 Agreement Steward to a suitable separate entity. Each new version of
226 the Agreement will be given a distinguishing version number. The
227 Program (including Contributions) may always be distributed subject to
228 the version of the Agreement under which it was received. In addition,
229 after a new version of the Agreement is published, Contributor may
230 elect to distribute the Program (including its Contributions) under
231 the new version. Except as expressly stated in Sections 2(a) and 2(b)
232 above, Recipient receives no rights or licenses to the intellectual
233 property of any Contributor under this Agreement, whether expressly,
234 by implication, estoppel or otherwise. All rights in the Program not
235 expressly granted under this Agreement are reserved.
237 This Agreement is governed by the laws of the State of New York and
238 the intellectual property laws of the United States of America. No
239 party to this Agreement will bring a legal action under this Agreement
240 more than one year after the cause of action arose. Each party waives
241 its rights to a jury trial in any resulting litigation.
243 Copyright (c) 2004 by the Open Source Initiative
244 This is a copy of the license posted on 2004-10-06 at:
245 http://www.opensource.org/licenses/cpl