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.
-
-
-
+
Common Public License - v 1.0
+
+
+
+
+
+
+
Common Public License - v 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.
+