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Common Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF
THIS COMMON 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 the initial Contributor, the
initial code and documentation distributed under
this Agreement, and
b) in the case of each subsequent 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.
"Contributor" means any person or entity that distributes
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.
"Program" means the Contributions distributed in
accordance with this Agreement.
"Recipient" means anyone who 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,
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.
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.
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.
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.
Contributors may not remove or alter any copyright notices
contained within the Program.
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
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.
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 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 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.
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.
Everyone is permitted to copy and distribute copies of
this Agreement, but in order to avoid inconsistency the
Agreement is copyrighted and may only be modified in the
following manner. The Agreement Steward reserves the right
to publish new versions (including revisions) of this
Agreement from time to time. No one other than the
Agreement Steward has the right to modify this Agreement.
IBM is the initial Agreement Steward. IBM may assign the
responsibility to serve as the Agreement Steward to a
suitable separate entity. 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. 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.
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