1+------------------------------------------------------------------------------+ 2| This license covers all software that refers to the URL | 3| http://www.opensource.org/licenses/cpl1.0.txt | 4+------------------------------------------------------------------------------+ 5 6Common Public License Version 1.0 7 8 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON 9 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF 10 THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 11 12 1. DEFINITIONS 13 14 "Contribution" means: 15 16 a) in the case of the initial Contributor, the initial code and 17 documentation distributed under this Agreement, and 18 19 b) in the case of each subsequent Contributor: 20 21 i) changes to the Program, and 22 23 ii) additions to the Program; 24 25 where such changes and/or additions to the Program originate from 26 and are distributed by that particular Contributor. A Contribution 27 'originates' from a Contributor if it was added to the Program by 28 such Contributor itself or anyone acting on such Contributor's 29 behalf. Contributions do not include additions to the Program 30 which: (i) are separate modules of software distributed in 31 conjunction with the Program under their own license agreement, and 32 (ii) are not derivative works of the Program. 33 34 "Contributor" means any person or entity that distributes the Program. 35 36 "Licensed Patents " mean patent claims licensable by a Contributor 37 which are necessarily infringed by the use or sale of its Contribution 38 alone or when combined with the Program. 39 40 "Program" means the Contributions distributed in accordance with this 41 Agreement. 42 43 "Recipient" means anyone who receives the Program under this 44 Agreement, including all Contributors. 45 46 2. GRANT OF RIGHTS 47 48 a) Subject to the terms of this Agreement, each Contributor hereby 49 grants Recipient a non-exclusive, worldwide, royalty-free copyright 50 license to reproduce, prepare derivative works of, publicly 51 display, publicly perform, distribute and sublicense the 52 Contribution of such Contributor, if any, and such derivative 53 works, in source code and object code form. 54 55 b) Subject to the terms of this Agreement, each Contributor hereby 56 grants Recipient a non-exclusive, worldwide, royalty-free patent 57 license under Licensed Patents to make, use, sell, offer to sell, 58 import and otherwise transfer the Contribution of such Contributor, 59 if any, in source code and object code form. This patent license 60 shall apply to the combination of the Contribution and the Program 61 if, at the time the Contribution is added by the Contributor, such 62 addition of the Contribution causes such combination to be covered 63 by the Licensed Patents. The patent license shall not apply to any 64 other combinations which include the Contribution. No hardware per 65 se is licensed hereunder. 66 67 c) Recipient understands that although each Contributor grants the 68 licenses to its Contributions set forth herein, no assurances are 69 provided by any Contributor that the Program does not infringe the 70 patent or other intellectual property rights of any other entity. 71 Each Contributor disclaims any liability to Recipient for claims 72 brought by any other entity based on infringement of intellectual 73 property rights or otherwise. As a condition to exercising the 74 rights and licenses granted hereunder, each Recipient hereby 75 assumes sole responsibility to secure any other intellectual 76 property rights needed, if any. For example, if a third party 77 patent license is required to allow Recipient to distribute the 78 Program, it is Recipient's responsibility to acquire that license 79 before distributing the Program. 80 81 d) Each Contributor represents that to its knowledge it has 82 sufficient copyright rights in its Contribution, if any, to grant 83 the copyright license set forth in this Agreement. 84 85 3. REQUIREMENTS 86 87 A Contributor may choose to distribute the Program in object code form 88 under its own license agreement, provided that: 89 90 a) it complies with the terms and conditions of this Agreement; and 91 92 b) its license agreement: 93 94 i) effectively disclaims on behalf of all Contributors all 95 warranties and conditions, express and implied, including 96 warranties or conditions of title and non-infringement, and implied 97 warranties or conditions of merchantability and fitness for a 98 particular purpose; 99 100 ii) effectively excludes on behalf of all Contributors all 101 liability for damages, including direct, indirect, special, 102 incidental and consequential damages, such as lost profits; 103 104 iii) states that any provisions which differ from this Agreement 105 are offered by that Contributor alone and not by any other party; 106 and 107 108 iv) states that source code for the Program is available from such 109 Contributor, and informs licensees how to obtain it in a reasonable 110 manner on or through a medium customarily used for software 111 exchange. 112 113 When the Program is made available in source code form: 114 115 a) it must be made available under this Agreement; and 116 117 b) a copy of this Agreement must be included with each copy of the 118 Program. 119 120 Contributors may not remove or alter any copyright notices contained 121 within the Program. 122 123 Each Contributor must identify itself as the originator of its 124 Contribution, if any, in a manner that reasonably allows subsequent 125 Recipients to identify the originator of the Contribution. 126 127 4. COMMERCIAL DISTRIBUTION 128 129 Commercial distributors of software may accept certain 130 responsibilities with respect to end users, business partners and the 131 like. While this license is intended to facilitate the commercial use 132 of the Program, the Contributor who includes the Program in a 133 commercial product offering should do so in a manner which does not 134 create potential liability for other Contributors. Therefore, if a 135 Contributor includes the Program in a commercial product offering, 136 such Contributor ("Commercial Contributor") hereby agrees to defend 137 and indemnify every other Contributor ("Indemnified Contributor") 138 against any losses, damages and costs (collectively "Losses") arising 139 from claims, lawsuits and other legal actions brought by a third party 140 against the Indemnified Contributor to the extent caused by the acts 141 or omissions of such Commercial Contributor in connection with its 142 distribution of the Program in a commercial product offering. The 143 obligations in this section do not apply to any claims or Losses 144 relating to any actual or alleged intellectual property infringement. 145 In order to qualify, an Indemnified Contributor must: a) promptly 146 notify the Commercial Contributor in writing of such claim, and b) 147 allow the Commercial Contributor to control, and cooperate with the 148 Commercial Contributor in, the defense and any related settlement 149 negotiations. The Indemnified Contributor may participate in any such 150 claim at its own expense. 151 152 For example, a Contributor might include the Program in a commercial 153 product offering, Product X. That Contributor is then a Commercial 154 Contributor. If that Commercial Contributor then makes performance 155 claims, or offers warranties related to Product X, those performance 156 claims and warranties are such Commercial Contributor's responsibility 157 alone. Under this section, the Commercial Contributor would have to 158 defend claims against the other Contributors related to those 159 performance claims and warranties, and if a court requires any other 160 Contributor to pay any damages as a result, the Commercial Contributor 161 must pay those damages. 162 163 5. NO WARRANTY 164 165 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS 166 PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY 167 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY 168 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY 169 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely 170 responsible for determining the appropriateness of using and 171 distributing the Program and assumes all risks associated with its 172 exercise of rights under this Agreement, including but not limited to 173 the risks and costs of program errors, compliance with applicable 174 laws, damage to or loss of data, programs or equipment, and 175 unavailability or interruption of operations. 176 177 6. DISCLAIMER OF LIABILITY 178 179 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 180 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 181 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 182 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 183 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 184 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 185 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 186 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 187 188 7. GENERAL 189 190 If any provision of this Agreement is invalid or unenforceable under 191 applicable law, it shall not affect the validity or enforceability of 192 the remainder of the terms of this Agreement, and without further 193 action by the parties hereto, such provision shall be reformed to the 194 minimum extent necessary to make such provision valid and enforceable. 195 196 If Recipient institutes patent litigation against a Contributor with 197 respect to a patent applicable to software (including a cross-claim or 198 counterclaim in a lawsuit), then any patent licenses granted by that 199 Contributor to such Recipient under this Agreement shall terminate as 200 of the date such litigation is filed. In addition, if Recipient 201 institutes patent litigation against any entity (including a 202 cross-claim or counterclaim in a lawsuit) alleging that the Program 203 itself (excluding combinations of the Program with other software or 204 hardware) infringes such Recipient's patent(s), then such Recipient's 205 rights granted under Section 2(b) shall terminate as of the date such 206 litigation is filed. 207 208 All Recipient's rights under this Agreement shall terminate if it 209 fails to comply with any of the material terms or conditions of this 210 Agreement and does not cure such failure in a reasonable period of 211 time after becoming aware of such noncompliance. If all Recipient's 212 rights under this Agreement terminate, Recipient agrees to cease use 213 and distribution of the Program as soon as reasonably practicable. 214 However, Recipient's obligations under this Agreement and any licenses 215 granted by Recipient relating to the Program shall continue and 216 survive. 217 218 Everyone is permitted to copy and distribute copies of this Agreement, 219 but in order to avoid inconsistency the Agreement is copyrighted and 220 may only be modified in the following manner. The Agreement Steward 221 reserves the right to publish new versions (including revisions) of 222 this Agreement from time to time. No one other than the Agreement 223 Steward has the right to modify this Agreement. IBM is the initial 224 Agreement Steward. IBM may assign the responsibility to serve as the 225 Agreement Steward to a suitable separate entity. Each new version of 226 the Agreement will be given a distinguishing version number. The 227 Program (including Contributions) may always be distributed subject to 228 the version of the Agreement under which it was received. In addition, 229 after a new version of the Agreement is published, Contributor may 230 elect to distribute the Program (including its Contributions) under 231 the new version. Except as expressly stated in Sections 2(a) and 2(b) 232 above, Recipient receives no rights or licenses to the intellectual 233 property of any Contributor under this Agreement, whether expressly, 234 by implication, estoppel or otherwise. All rights in the Program not 235 expressly granted under this Agreement are reserved. 236 237 This Agreement is governed by the laws of the State of New York and 238 the intellectual property laws of the United States of America. No 239 party to this Agreement will bring a legal action under this Agreement 240 more than one year after the cause of action arose. Each party waives 241 its rights to a jury trial in any resulting litigation. 242 243Copyright (c) 2004 by the Open Source Initiative 244This is a copy of the license posted on 2004-10-06 at: 245 http://www.opensource.org/licenses/cpl 246