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. | |