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| | This license covers all software that refers to the URL | |
| | http://www.opensource.org/licenses/cpl1.0.txt | |
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| |
| Common Public License Version 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. |
| |
| Copyright (c) 2004 by the Open Source Initiative |
| This is a copy of the license posted on 2004-10-06 at: |
| http://www.opensource.org/licenses/cpl |