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1Common Public License Version 1.0
2
3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
4LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
5CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
6
71. DEFINITIONS
8
9"Contribution" means:
10
11    a) in the case of the initial Contributor, the initial code and
12documentation distributed under this Agreement, and
13
14    b) in the case of each subsequent Contributor:
15
16    i) changes to the Program, and
17
18    ii) additions to the Program;
19
20    where such changes and/or additions to the Program originate from and are
21distributed by that particular Contributor. A Contribution 'originates' from a
22Contributor if it was added to the Program by such Contributor itself or anyone
23acting on such Contributor's behalf. Contributions do not include additions to
24the Program which: (i) are separate modules of software distributed in
25conjunction with the Program under their own license agreement, and (ii) are not
26derivative works of the Program.
27
28"Contributor" means any person or entity that distributes the Program.
29
30"Licensed Patents " mean patent claims licensable by a Contributor which are
31necessarily infringed by the use or sale of its Contribution alone or when
32combined with the Program.
33
34"Program" means the Contributions distributed in accordance with this Agreement.
35
36"Recipient" means anyone who receives the Program under this Agreement,
37including all Contributors.
38
392. GRANT OF RIGHTS
40
41    a) Subject to the terms of this Agreement, each Contributor hereby grants
42Recipient a non-exclusive, worldwide, royalty-free copyright license to
43reproduce, prepare derivative works of, publicly display, publicly perform,
44distribute and sublicense the Contribution of such Contributor, if any, and such
45derivative works, in source code and object code form.
46
47    b) Subject to the terms of this Agreement, each Contributor hereby grants
48Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
49Patents to make, use, sell, offer to sell, import and otherwise transfer the
50Contribution of such Contributor, if any, in source code and object code form.
51This patent license shall apply to the combination of the Contribution and the
52Program if, at the time the Contribution is added by the Contributor, such
53addition of the Contribution causes such combination to be covered by the
54Licensed Patents. The patent license shall not apply to any other combinations
55which include the Contribution. No hardware per se is licensed hereunder.
56
57    c) Recipient understands that although each Contributor grants the licenses
58to its Contributions set forth herein, no assurances are provided by any
59Contributor that the Program does not infringe the patent or other intellectual
60property rights of any other entity. Each Contributor disclaims any liability to
61Recipient for claims brought by any other entity based on infringement of
62intellectual property rights or otherwise. As a condition to exercising the
63rights and licenses granted hereunder, each Recipient hereby assumes sole
64responsibility to secure any other intellectual property rights needed, if any.
65For example, if a third party patent license is required to allow Recipient to
66distribute the Program, it is Recipient's responsibility to acquire that license
67before distributing the Program.
68
69    d) Each Contributor represents that to its knowledge it has sufficient
70copyright rights in its Contribution, if any, to grant the copyright license set
71forth in this Agreement.
72
733. REQUIREMENTS
74
75A Contributor may choose to distribute the Program in object code form under its
76own license agreement, provided that:
77
78    a) it complies with the terms and conditions of this Agreement; and
79
80    b) its license agreement:
81
82    i) effectively disclaims on behalf of all Contributors all warranties and
83conditions, express and implied, including warranties or conditions of title and
84non-infringement, and implied warranties or conditions of merchantability and
85fitness for a particular purpose;
86
87    ii) effectively excludes on behalf of all Contributors all liability for
88damages, including direct, indirect, special, incidental and consequential
89damages, such as lost profits;
90
91    iii) states that any provisions which differ from this Agreement are offered
92by that Contributor alone and not by any other party; and
93
94    iv) states that source code for the Program is available from such
95Contributor, and informs licensees how to obtain it in a reasonable manner on or
96through a medium customarily used for software exchange.
97
98When the Program is made available in source code form:
99
100    a) it must be made available under this Agreement; and
101
102    b) a copy of this Agreement must be included with each copy of the Program.
103
104Contributors may not remove or alter any copyright notices contained within the
105Program.
106
107Each Contributor must identify itself as the originator of its Contribution, if
108any, in a manner that reasonably allows subsequent Recipients to identify the
109originator of the Contribution.
110
1114. COMMERCIAL DISTRIBUTION
112
113Commercial distributors of software may accept certain responsibilities with
114respect to end users, business partners and the like. While this license is
115intended to facilitate the commercial use of the Program, the Contributor who
116includes the Program in a commercial product offering should do so in a manner
117which does not create potential liability for other Contributors. Therefore, if
118a Contributor includes the Program in a commercial product offering, such
119Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
120every other Contributor ("Indemnified Contributor") against any losses, damages
121and costs (collectively "Losses") arising from claims, lawsuits and other legal
122actions brought by a third party against the Indemnified Contributor to the
123extent caused by the acts or omissions of such Commercial Contributor in
124connection with its distribution of the Program in a commercial product
125offering. The obligations in this section do not apply to any claims or Losses
126relating to any actual or alleged intellectual property infringement. In order
127to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
128Contributor in writing of such claim, and b) allow the Commercial Contributor to
129control, and cooperate with the Commercial Contributor in, the defense and any
130related settlement negotiations. The Indemnified Contributor may participate in
131any such claim at its own expense.
132
133For example, a Contributor might include the Program in a commercial product
134offering, Product X. That Contributor is then a Commercial Contributor. If that
135Commercial Contributor then makes performance claims, or offers warranties
136related to Product X, those performance claims and warranties are such
137Commercial Contributor's responsibility alone. Under this section, the
138Commercial Contributor would have to defend claims against the other
139Contributors related to those performance claims and warranties, and if a court
140requires any other Contributor to pay any damages as a result, the Commercial
141Contributor must pay those damages.
142
1435. NO WARRANTY
144
145EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
146"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
147IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
148NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
149Recipient is solely responsible for determining the appropriateness of using and
150distributing the Program and assumes all risks associated with its exercise of
151rights under this Agreement, including but not limited to the risks and costs of
152program errors, compliance with applicable laws, damage to or loss of data,
153programs or equipment, and unavailability or interruption of operations.
154
1556. DISCLAIMER OF LIABILITY
156
157EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
158CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
159SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
160PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
161STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
162OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
163GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
164
1657. GENERAL
166
167If any provision of this Agreement is invalid or unenforceable under applicable
168law, it shall not affect the validity or enforceability of the remainder of the
169terms of this Agreement, and without further action by the parties hereto, such
170provision shall be reformed to the minimum extent necessary to make such
171provision valid and enforceable.
172
173If Recipient institutes patent litigation against a Contributor with respect to
174a patent applicable to software (including a cross-claim or counterclaim in a
175lawsuit), then any patent licenses granted by that Contributor to such Recipient
176under this Agreement shall terminate as of the date such litigation is filed. In
177addition, if Recipient institutes patent litigation against any entity
178(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
179itself (excluding combinations of the Program with other software or hardware)
180infringes such Recipient's patent(s), then such Recipient's rights granted under
181Section 2(b) shall terminate as of the date such litigation is filed.
182
183All Recipient's rights under this Agreement shall terminate if it fails to
184comply with any of the material terms or conditions of this Agreement and does
185not cure such failure in a reasonable period of time after becoming aware of
186such noncompliance. If all Recipient's rights under this Agreement terminate,
187Recipient agrees to cease use and distribution of the Program as soon as
188reasonably practicable. However, Recipient's obligations under this Agreement
189and any licenses granted by Recipient relating to the Program shall continue and
190survive.
191
192Everyone is permitted to copy and distribute copies of this Agreement, but in
193order to avoid inconsistency the Agreement is copyrighted and may only be
194modified in the following manner. The Agreement Steward reserves the right to
195publish new versions (including revisions) of this Agreement from time to time.
196No one other than the Agreement Steward has the right to modify this Agreement.
197IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
198as the Agreement Steward to a suitable separate entity. Each new version of the
199Agreement will be given a distinguishing version number. The Program (including
200Contributions) may always be distributed subject to the version of the Agreement
201under which it was received. In addition, after a new version of the Agreement
202is published, Contributor may elect to distribute the Program (including its
203Contributions) under the new version. Except as expressly stated in Sections
2042(a) and 2(b) above, Recipient receives no rights or licenses to the
205intellectual property of any Contributor under this Agreement, whether
206expressly, by implication, estoppel or otherwise. All rights in the Program not
207expressly granted under this Agreement are reserved.
208
209This Agreement is governed by the laws of the State of New York and the
210intellectual property laws of the United States of America. No party to this
211Agreement will bring a legal action under this Agreement more than one year
212after the cause of action arose. Each party waives its rights to a jury trial in
213any resulting litigation.
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