| Common Public License Version 0.5 | |
| 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. | |