265 lines
15 KiB
HTML
265 lines
15 KiB
HTML
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0//EN">
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<meta http-equiv="Content-Type" content="text/html; charset=utf-8">
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<meta name="Copyright" content="Copyright (c) 2005 by IBM Corporation">
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<title>Common Public License - v 1.0</title>
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<p align="center"><b>Common Public License - v 1.0</b>
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</p><p><b></b><font size="3"></font>
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</p><p><font size="3"></font><font size="2">THE ACCOMPANYING PROGRAM IS
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PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT").
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ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
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RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.</font>
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</p><p><font size="2"></font>
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</p><p><font size="2"><b>1. DEFINITIONS</b></font>
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</p><p><font size="2">"Contribution" means:</font>
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</p><ul><font size="2">a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and<br clear="left">
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b) in the case of each subsequent Contributor:</font></ul>
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<ul><font size="2">i) changes to the Program, and</font></ul>
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<ul><font size="2">ii) additions to the Program;</font></ul>
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<ul><font size="2">where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. </font><font size="2">A
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Contribution 'originates' from a Contributor if it was added to the
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Program by such Contributor itself or anyone acting on such
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Contributor's behalf. </font><font size="2">Contributions do not
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include additions to the Program which: (i) are separate modules of
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software distributed in conjunction with the Program under their own
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license agreement, and (ii) are not derivative works of the Program. </font></ul>
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<p><font size="2"></font>
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</p><p><font size="2">"Contributor" means any person or entity that distributes the Program.</font>
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</p><p><font size="2"></font><font size="2"></font>
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</p><p><font size="2">"Licensed Patents " mean patent claims licensable
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by a Contributor which are necessarily infringed by the use or sale of
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its Contribution alone or when combined with the Program. </font>
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</p><p><font size="2"></font><font size="2"></font>
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</p><p><font size="2"></font><font size="2">"Program" means the Contributions distributed in accordance with this Agreement.</font>
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</p><p><font size="2"></font>
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</p><p><font size="2">"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.</font>
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</p><p><font size="2"><b></b></font>
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</p><p><font size="2"><b>2. GRANT OF RIGHTS</b></font>
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</p><ul><font size="2"></font><font size="2">a) </font><font size="2">Subject to the terms of this Agreement, each Contributor hereby grants</font><font size="2"> Recipient a non-exclusive, worldwide, royalty-free copyright license to</font><font size="2" color="#ff0000"> </font><font size="2">reproduce,
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prepare derivative works of, publicly display, publicly perform,
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distribute and sublicense the Contribution of such Contributor, if any,
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and such derivative works, in source code and object code form.</font></ul>
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<ul><font size="2"></font></ul>
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<ul><font size="2"></font><font size="2">b) Subject to the terms of this Agreement, each Contributor hereby grants </font><font size="2">Recipient a non-exclusive, worldwide,</font><font size="2" color="#008000"> </font><font size="2">royalty-free
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patent license under Licensed Patents to make, use, sell, offer to
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sell, import and otherwise transfer the Contribution of such
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Contributor, if any, in source code and object code form. This patent
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license shall apply to the combination of the Contribution and the
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Program if, at the time the Contribution is added by the Contributor,
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such addition of the Contribution causes such combination to be covered
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by the Licensed Patents. The patent license shall not apply to any
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other combinations which include the Contribution. No hardware per se
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is licensed hereunder. </font></ul>
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<ul><font size="2"></font></ul>
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<ul><font size="2">c) Recipient understands that although each
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Contributor grants the licenses to its Contributions set forth herein,
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no assurances are provided by any Contributor that the Program does not
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infringe the patent or other intellectual property rights of any other
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entity. Each Contributor disclaims any liability to Recipient for
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claims brought by any other entity based on infringement of
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intellectual property rights or otherwise. As a condition to
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exercising the rights and licenses granted hereunder, each Recipient
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hereby assumes sole responsibility to secure any other intellectual
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property rights needed, if any. For example, if a third party patent
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license is required to allow Recipient to distribute the Program, it is
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Recipient's responsibility to acquire that license before distributing
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the Program.</font></ul>
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<ul><font size="2"></font></ul>
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<ul><font size="2">d) Each Contributor represents that to its knowledge
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it has sufficient copyright rights in its Contribution, if any, to
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grant the copyright license set forth in this Agreement. </font></ul>
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<ul><font size="2"></font></ul>
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<p><font size="2"><b>3. REQUIREMENTS</b></font>
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</p><p><font size="2"><b></b>A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:</font>
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</p><ul><font size="2">a) it complies with the terms and conditions of this Agreement; and</font></ul>
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<ul><font size="2">b) its license agreement:</font></ul>
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<ul><font size="2">i) effectively disclaims</font><font size="2"> on
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behalf of all Contributors all warranties and conditions, express and
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implied, including warranties or conditions of title and
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non-infringement, and implied warranties or conditions of
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merchantability and fitness for a particular purpose; </font></ul>
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<ul><font size="2">ii) effectively excludes on behalf of all
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Contributors all liability for damages, including direct, indirect,
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special, incidental and consequential damages, such as lost profits; </font></ul>
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<ul><font size="2">iii)</font><font size="2"> states that any
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provisions which differ from this Agreement are offered by that
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Contributor alone and not by any other party; and</font></ul>
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<ul><font size="2">iv) states that source code for the Program is
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available from such Contributor, and informs licensees how to obtain it
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in a reasonable manner on or through a medium customarily used for
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software exchange.</font><font size="2" color="#0000ff"> </font><font size="2" color="#ff0000"></font></ul>
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<ul><font size="2" color="#ff0000"></font><font size="2"></font></ul>
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<p><font size="2">When the Program is made available in source code form:</font>
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</p><ul><font size="2">a) it must be made available under this Agreement; and </font></ul>
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<ul><font size="2">b) a copy of this Agreement must be included with each copy of the Program. </font></ul>
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<p><font size="2"></font><font size="2" color="#0000ff"><strike></strike></font>
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</p><p><font size="2" color="#0000ff"><strike></strike></font><font size="2">Contributors may not remove or alter any copyright notices contained within the Program. </font>
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</p><p><font size="2"></font>
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</p><p><font size="2">Each Contributor must identify itself as the
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originator of its Contribution, if any, in a manner that reasonably
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allows subsequent Recipients to identify the originator of the
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Contribution. </font>
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</p><p><font size="2"></font>
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</p><p><font size="2"><b>4. COMMERCIAL DISTRIBUTION</b></font>
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</p><p><font size="2">Commercial distributors of software may accept
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certain responsibilities with respect to end users, business partners
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and the like. While this license is intended to facilitate the
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commercial use of the Program, the Contributor who includes the Program
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in a commercial product offering should do so in a manner which does
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not create potential liability for other Contributors. Therefore, if
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a Contributor includes the Program in a commercial product offering,
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such Contributor ("Commercial Contributor") hereby agrees to defend and
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indemnify every other Contributor ("Indemnified Contributor") against
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any losses, damages and costs (collectively "Losses") arising from
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claims, lawsuits and other legal actions brought by a third party
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against the Indemnified Contributor to the extent caused by the acts or
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omissions of such Commercial Contributor in connection with its
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distribution of the Program in a commercial product offering. The
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obligations in this section do not apply to any claims or Losses
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relating to any actual or alleged intellectual property infringement.
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In order to qualify, an Indemnified Contributor must: a) promptly
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notify the Commercial Contributor in writing of such claim, and b)
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allow the Commercial Contributor to control, and cooperate with the
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Commercial Contributor in, the defense and any related settlement
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negotiations. The Indemnified Contributor may participate in any such
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claim at its own expense.</font>
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</p><p><font size="2"></font>
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</p><p><font size="2">For example, a Contributor might include the
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Program in a commercial product offering, Product X. That Contributor
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is then a Commercial Contributor. If that Commercial Contributor then
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makes performance claims, or offers warranties related to Product X,
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those performance claims and warranties are such Commercial
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Contributor's responsibility alone. Under this section, the Commercial
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Contributor would have to defend claims against the other Contributors
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related to those performance claims and warranties, and if a court
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requires any other Contributor to pay any damages as a result, the
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Commercial Contributor must pay those damages.</font>
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</p><p><font size="2"></font><font size="2" color="#0000ff"></font>
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</p><p><font size="2" color="#0000ff"></font><font size="2"><b>5. NO WARRANTY</b></font>
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</p><p><font size="2">EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
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THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR
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CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
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LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
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MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is</font><font size="2"> solely responsible for determining the appropriateness of using and distributing </font><font size="2">the Program</font><font size="2"> and assumes all risks associated with its exercise of rights under this Agreement</font><font size="2">,
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including but not limited to the risks and costs of program errors,
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compliance with applicable laws, damage to or loss of data, </font><font size="2">programs or equipment, and unavailability or interruption of operations</font><font size="2">. </font><font size="2"></font>
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</p><p><font size="2"></font>
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</p><p><font size="2"></font><font size="2"><b>6. DISCLAIMER OF LIABILITY</b></font>
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</p><p><font size="2"></font><font size="2">EXCEPT AS EXPRESSLY SET
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FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL
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HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
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EXEMPLARY, OR CONSEQUENTIAL DAMAGES </font><font size="2">(INCLUDING WITHOUT LIMITATION LOST PROFITS),</font><font size="2">
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HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
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STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
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IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
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EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.</font>
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</p><p><font size="2"></font><font size="2"></font>
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</p><p><font size="2"><b>7. GENERAL</b></font>
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</p><p><font size="2"></font><font size="2">If any provision of this
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Agreement is invalid or unenforceable under applicable law, it shall
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not affect the validity or enforceability of the remainder of the terms
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of this Agreement, and without further action by the parties hereto,
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such provision shall be reformed to the minimum extent necessary to
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make such provision valid and enforceable.</font>
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</p><p><font size="2"></font>
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</p><p><font size="2">If Recipient institutes patent litigation against
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a Contributor with respect to a patent applicable to software
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(including a cross-claim or counterclaim in a lawsuit), then any patent
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licenses granted by that Contributor to such Recipient under this
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Agreement shall terminate as of the date such litigation is filed. In
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addition, if Recipient institutes patent litigation against any entity
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(including a cross-claim or counterclaim in a lawsuit) alleging that
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the Program itself (excluding combinations of the Program with other
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software or hardware) infringes such Recipient's patent(s), then such
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Recipient's rights granted under Section 2(b) shall terminate as of the
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date such litigation is filed. </font><font size="2"></font>
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</p><p><font size="2"></font>
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</p><p><font size="2">All Recipient's rights under this Agreement shall
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terminate if it fails to comply with any of the material terms or
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conditions of this Agreement and does not cure such failure in a
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reasonable period of time after becoming aware of such noncompliance.
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If all Recipient's rights under this Agreement terminate, Recipient
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agrees to cease use and distribution of the Program as soon as
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reasonably practicable. However, Recipient's obligations under this
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Agreement and any licenses granted by Recipient relating to the Program
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shall continue and survive. </font><font size="2"></font>
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</p><p><font size="2"></font>
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</p><p><font size="2"></font><font size="2">Everyone is permitted to
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copy and distribute copies of this Agreement, but in order to avoid
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inconsistency the Agreement is copyrighted and may only be modified in
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the following manner. The Agreement Steward reserves the right to </font><font size="2">publish new versions (including revisions) of this Agreement from time to </font><font size="2">time.
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No one other than the Agreement Steward has the right to modify this
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Agreement. IBM is the initial Agreement Steward. IBM may assign the
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responsibility to serve as the Agreement Steward to a suitable separate
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entity. </font><font size="2">Each new version of the Agreement will
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be given a distinguishing version number. The Program (including
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Contributions) may always be distributed subject to the version of the
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Agreement under which it was received. In addition, after a new version
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of the Agreement is published, Contributor may elect to distribute the
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Program (including its Contributions) under the new </font><font size="2">version. </font><font size="2">Except
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as expressly stated in Sections 2(a) and 2(b) above, Recipient receives
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no rights or licenses to the intellectual property of any Contributor
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under this Agreement, whether expressly, </font><font size="2">by implication, estoppel or otherwise</font><font size="2">.</font><font size="2"> All rights in the Program not expressly granted under this Agreement are reserved.</font>
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</p><p><font size="2"></font>
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</p><p><font size="2">This Agreement is governed by the laws of the
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State of New York and the intellectual property laws of the United
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States of America. No party to this Agreement will bring a legal action
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under this Agreement more than one year after the cause of action
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arose. Each party waives its rights to a jury trial in any resulting
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litigation.</font>
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</p><p><font size="2"></font><font size="2"></font>
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</p><p><font size="2"></font>
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</p></body></html>
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