00001 
00002 Common Public License Version 1.0
00003 
00004 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
00005 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
00006 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
00007 
00008 1. DEFINITIONS
00009 
00010 "Contribution" means:
00011 
00012 a) in the case of the initial Contributor, the initial code and
00013 documentation distributed under this Agreement, and
00014 
00015 b) in the case of each subsequent Contributor:
00016 
00017 i) changes to the Program, and
00018 
00019 ii) additions to the Program;
00020 
00021 where such changes and/or additions to the Program originate from and are
00022 distributed by that particular Contributor. A Contribution 'originates' from a
00023 Contributor if it was added to the Program by such Contributor itself or anyone
00024 acting on such Contributor's behalf. Contributions do not include additions to
00025 the Program which: (i) are separate modules of software distributed in
00026 conjunction with the Program under their own license agreement, and (ii) are not
00027 derivative works of the Program.
00028 
00029 "Contributor" means any person or entity that distributes the Program.
00030 
00031 "Licensed Patents " mean patent claims licensable by a Contributor which are
00032 necessarily infringed by the use or sale of its Contribution alone or when
00033 combined with the Program.
00034 
00035 "Program" means the Contributions distributed in accordance with this Agreement.
00036 
00037 "Recipient" means anyone who receives the Program under this Agreement,
00038 including all Contributors.
00039 
00040 2. GRANT OF RIGHTS
00041 
00042 a) Subject to the terms of this Agreement, each Contributor hereby grants
00043 Recipient a non-exclusive, worldwide, royalty-free copyright license to
00044 reproduce, prepare derivative works of, publicly display, publicly perform,
00045 distribute and sublicense the Contribution of such Contributor, if any, and such
00046 derivative works, in source code and object code form.
00047 
00048 b) Subject to the terms of this Agreement, each Contributor hereby grants
00049 Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
00050 Patents to make, use, sell, offer to sell, import and otherwise transfer the
00051 Contribution of such Contributor, if any, in source code and object code form.
00052 This patent license shall apply to the combination of the Contribution and the
00053 Program if, at the time the Contribution is added by the Contributor, such
00054 addition of the Contribution causes such combination to be covered by the
00055 Licensed Patents. The patent license shall not apply to any other combinations
00056 which include the Contribution. No hardware per se is licensed hereunder.
00057 
00058 c) Recipient understands that although each Contributor grants the licenses
00059 to its Contributions set forth herein, no assurances are provided by any
00060 Contributor that the Program does not infringe the patent or other intellectual
00061 property rights of any other entity. Each Contributor disclaims any liability to
00062 Recipient for claims brought by any other entity based on infringement of
00063 intellectual property rights or otherwise. As a condition to exercising the
00064 rights and licenses granted hereunder, each Recipient hereby assumes sole
00065 responsibility to secure any other intellectual property rights needed, if any.
00066 For example, if a third party patent license is required to allow Recipient to
00067 distribute the Program, it is Recipient's responsibility to acquire that license
00068 before distributing the Program.
00069 
00070 d) Each Contributor represents that to its knowledge it has sufficient
00071 copyright rights in its Contribution, if any, to grant the copyright license set
00072 forth in this Agreement.
00073 
00074 3. REQUIREMENTS
00075 
00076 A Contributor may choose to distribute the Program in object code form under its
00077 own license agreement, provided that:
00078 
00079 a) it complies with the terms and conditions of this Agreement; and
00080 
00081 b) its license agreement:
00082 
00083 i) effectively disclaims on behalf of all Contributors all warranties and
00084 conditions, express and implied, including warranties or conditions of title and
00085 non-infringement, and implied warranties or conditions of merchantability and
00086 fitness for a particular purpose;
00087 
00088 ii) effectively excludes on behalf of all Contributors all liability for
00089 damages, including direct, indirect, special, incidental and consequential
00090 damages, such as lost profits;
00091 
00092 iii) states that any provisions which differ from this Agreement are offered
00093 by that Contributor alone and not by any other party; and
00094 
00095 iv) states that source code for the Program is available from such
00096 Contributor, and informs licensees how to obtain it in a reasonable manner on or
00097 through a medium customarily used for software exchange.
00098 
00099 When the Program is made available in source code form:
00100 
00101 a) it must be made available under this Agreement; and
00102 
00103 b) a copy of this Agreement must be included with each copy of the Program.
00104 
00105 Contributors may not remove or alter any copyright notices contained within the
00106 Program.
00107 
00108 Each Contributor must identify itself as the originator of its Contribution, if
00109 any, in a manner that reasonably allows subsequent Recipients to identify the
00110 originator of the Contribution.
00111 
00112 4. COMMERCIAL DISTRIBUTION
00113 
00114 Commercial distributors of software may accept certain responsibilities with
00115 respect to end users, business partners and the like. While this license is
00116 intended to facilitate the commercial use of the Program, the Contributor who
00117 includes the Program in a commercial product offering should do so in a manner
00118 which does not create potential liability for other Contributors. Therefore, if
00119 a Contributor includes the Program in a commercial product offering, such
00120 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
00121 every other Contributor ("Indemnified Contributor") against any losses, damages
00122 and costs (collectively "Losses") arising from claims, lawsuits and other legal
00123 actions brought by a third party against the Indemnified Contributor to the
00124 extent caused by the acts or omissions of such Commercial Contributor in
00125 connection with its distribution of the Program in a commercial product
00126 offering. The obligations in this section do not apply to any claims or Losses
00127 relating to any actual or alleged intellectual property infringement. In order
00128 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
00129 Contributor in writing of such claim, and b) allow the Commercial Contributor to
00130 control, and cooperate with the Commercial Contributor in, the defense and any
00131 related settlement negotiations. The Indemnified Contributor may participate in
00132 any such claim at its own expense.
00133 
00134 For example, a Contributor might include the Program in a commercial product
00135 offering, Product X. That Contributor is then a Commercial Contributor. If that
00136 Commercial Contributor then makes performance claims, or offers warranties
00137 related to Product X, those performance claims and warranties are such
00138 Commercial Contributor's responsibility alone. Under this section, the
00139 Commercial Contributor would have to defend claims against the other
00140 Contributors related to those performance claims and warranties, and if a court
00141 requires any other Contributor to pay any damages as a result, the Commercial
00142 Contributor must pay those damages.
00143 
00144 5. NO WARRANTY
00145 
00146 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
00147 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
00148 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
00149 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
00150 Recipient is solely responsible for determining the appropriateness of using and
00151 distributing the Program and assumes all risks associated with its exercise of
00152 rights under this Agreement, including but not limited to the risks and costs of
00153 program errors, compliance with applicable laws, damage to or loss of data,
00154 programs or equipment, and unavailability or interruption of operations.
00155 
00156 6. DISCLAIMER OF LIABILITY
00157 
00158 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
00159 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
00160 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
00161 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
00162 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
00163 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
00164 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
00165 
00166 7. GENERAL
00167 
00168 If any provision of this Agreement is invalid or unenforceable under applicable
00169 law, it shall not affect the validity or enforceability of the remainder of the
00170 terms of this Agreement, and without further action by the parties hereto, such
00171 provision shall be reformed to the minimum extent necessary to make such
00172 provision valid and enforceable.
00173 
00174 If Recipient institutes patent litigation against a Contributor with respect to
00175 a patent applicable to software (including a cross-claim or counterclaim in a
00176 lawsuit), then any patent licenses granted by that Contributor to such Recipient
00177 under this Agreement shall terminate as of the date such litigation is filed. In
00178 addition, if Recipient institutes patent litigation against any entity
00179 (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
00180 itself (excluding combinations of the Program with other software or hardware)
00181 infringes such Recipient's patent(s), then such Recipient's rights granted under
00182 Section 2(b) shall terminate as of the date such litigation is filed.
00183 
00184 All Recipient's rights under this Agreement shall terminate if it fails to
00185 comply with any of the material terms or conditions of this Agreement and does
00186 not cure such failure in a reasonable period of time after becoming aware of
00187 such noncompliance. If all Recipient's rights under this Agreement terminate,
00188 Recipient agrees to cease use and distribution of the Program as soon as
00189 reasonably practicable. However, Recipient's obligations under this Agreement
00190 and any licenses granted by Recipient relating to the Program shall continue and
00191 survive.
00192 
00193 Everyone is permitted to copy and distribute copies of this Agreement, but in
00194 order to avoid inconsistency the Agreement is copyrighted and may only be
00195 modified in the following manner. The Agreement Steward reserves the right to
00196 publish new versions (including revisions) of this Agreement from time to time.
00197 No one other than the Agreement Steward has the right to modify this Agreement.
00198 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
00199 as the Agreement Steward to a suitable separate entity. Each new version of the
00200 Agreement will be given a distinguishing version number. The Program (including
00201 Contributions) may always be distributed subject to the version of the Agreement
00202 under which it was received. In addition, after a new version of the Agreement
00203 is published, Contributor may elect to distribute the Program (including its
00204 Contributions) under the new version. Except as expressly stated in Sections
00205 2(a) and 2(b) above, Recipient receives no rights or licenses to the
00206 intellectual property of any Contributor under this Agreement, whether
00207 expressly, by implication, estoppel or otherwise. All rights in the Program not
00208 expressly granted under this Agreement are reserved.
00209 
00210 This Agreement is governed by the laws of the State of New York and the
00211 intellectual property laws of the United States of America. No party to this
00212 Agreement will bring a legal action under this Agreement more than one year
00213 after the cause of action arose. Each party waives its rights to a jury trial in
00214 any resulting litigation.