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IBM PUBLIC LICENSE - Open Visualization Data Explorer 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.
"Contribution" means:
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) any additions to the Program that are distributed in
conjunction with the Program under this Agreement;
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 made or 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.
"Contributor" means IBM and any other entity that distributes the
Program.
"Licensed Patents" mean those claims of patents licensable by a
Contributor which are necessarily infringed by each Contribution that
both originates from and is distributed by that particular
Contributor, if any, as well as claims of patents licensable by a
Contributor which are necessarily infringed by the Contributor's
Contribution when combined with 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.
"Program" means the Original Program and Contributions.
"Recipient" means the entity that receives the Program under this
Agreement, including all Contributors.
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, distribute,
publicly display, publicly perform and sublicense the Contribution
of such Contributor, if any, in source code and object code form.
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. The patent license
shall not apply to the combination of the Contribution with any
other software except that it shall apply to the combination of the
Contribution and the Program where, at the time the Contribution is
added, the addition of the Contribution causes the combination of
the Contribution and the Program to be covered by the Licensed
Patents. Nor shall any machine, apparatus or other hardware be
licensed hereunder.
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 precedent 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.
Each Contributor must include the following in a conspicuous location
in the Program:
(C) Copyright 1989, 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.
4. COMMERCIAL DISTRIBUTION
This Agreement does not prohibit any Contributor from including the
Program in a commercial product offering (including distribution in
object code form under a license agreement other than this Agreement),
provided that such Contributor ("Commercial Contributor") hereby
agrees to indemnify, defend and hold every other Contributor
("Indemnified Contributor") harmless from and against any losses,
damages, expenses (including reasonable attorneys' fees) and costs
(collectively "Losses") arising from claims, lawsuits and other legal
actions brought against the Indemnified Contributor to the extent
caused by the terms, conditions, acts or omissions of such Commercial
Contributor in connection with its distribution of the Program in a
commercial product offering, excluding any Losses arising from
intellectual property claims relating to the Program, provided that
any Indemnified Contributor: a) promptly notifies the Commercial
Contributor in writing of such claim, and b) allows the Commercial
Contributor to control, and cooperates with the Commercial Contributor
in, the defense and any related settlement negotiations. The
Indemnified Contributor shall have the right to participate at its own
expense.
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, 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 GRANTED
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not effect 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 the 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 non-compliance. 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.
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. Recipient
agrees to comply with all applicable laws, rules and regulations,
including without limitation all export and import laws, rules and
regulations.
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