1r#"IBM Public License Version 1.0 2 3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM 4PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION 5OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 6 71. DEFINITIONS 8"Contribution" means: 9 10a. in the case of International Business Machines Corporation ("IBM"), the Original Program, and 11 12b. in the case of each Contributor, 13 i. changes to the Program, and 14 ii. additions to the Program; 15where such changes and/or additions to the Program originate from and 16are distributed by that particular Contributor. A Contribution 17'originates' from a Contributor if it was added to the Program by 18such Contributor itself or anyone acting on such Contributor's 19behalf. Contributions do not include additions to the Program which: 20(i) are separate modules of software distributed in conjunction with 21the Program under their own license agreement, and (ii) are not 22derivative works of the Program. 23 24"Contributor" means IBM and any other entity that distributes the Program. 25 26"Licensed Patents " mean patent claims licensable by a 27Contributor which are necessarily infringed by the use or sale of its 28Contribution alone or when combined with the Program. 29 30"Original Program" means the original version of the software 31accompanying this Agreement as released by IBM, including source 32code, object code and documentation, if any. 33 34"Program" means the Original Program and Contributions. 35 36"Recipient" means anyone who receives the Program under this 37Agreement, including all Contributors. 38 392. GRANT OF RIGHTS 40a. Subject to the terms of this Agreement, each Contributor hereby 41grants Recipient a non-exclusive, worldwide, royalty-free copyright 42license to reproduce, prepare derivative works of, publicly display, 43publicly perform, distribute and sublicense the Contribution of such 44Contributor, if any, and such derivative works, in source code and 45object code form. 46 47b. Subject to the terms of this Agreement, each Contributor hereby 48grants Recipient a non-exclusive, worldwide, royalty-free patent 49license under Licensed Patents to make, use, sell, offer to sell, 50import and otherwise transfer the Contribution of such Contributor, 51if any, in source code and object code form. This patent license 52shall apply to the combination of the Contribution and the Program 53if, at the time the Contribution is added by the Contributor, such 54addition of the Contribution causes such combination to be covered by 55the Licensed Patents. The patent license shall not apply to any 56other combinations which include the Contribution. No hardware per 57se is licensed hereunder. 58 59c. Recipient understands that although each Contributor grants the 60licenses to its Contributions set forth herein, no assurances are 61provided by any Contributor that the Program does not infringe the 62patent or other intellectual property rights of any other entity. 63Each Contributor disclaims any liability to Recipient for claims 64brought by any other entity based on infringement of intellectual 65property rights or otherwise. As a condition to exercising the 66rights and licenses granted hereunder, each Recipient hereby assumes 67sole responsibility to secure any other intellectual property rights 68needed, if any. For example, if a third party patent license is 69required to allow Recipient to distribute the Program, it is 70Recipient's responsibility to acquire that license before 71distributing the Program. 72 73d. Each Contributor represents that to its knowledge it has 74sufficient copyright rights in its Contribution, if any, to grant the 75copyright license set forth in this Agreement. 76 773. REQUIREMENTS 78A Contributor may choose to distribute 79the Program in object code form under its own license agreement, 80provided that: 81 82a. it complies with the terms and conditions of this Agreement; and 83b. its license agreement: 84 i. effectively disclaims on behalf of all Contributors all warranties 85 and conditions, express and implied, including warranties or 86 conditions of title and non-infringement, and implied warranties or 87 conditions of merchantability and fitness for a particular purpose; 88 ii. effectively excludes on behalf of all Contributors all liability 89 for damages, including direct, indirect, special, incidental and 90 consequential damages, such as lost profits; 91 iii. states that any provisions which differ from this Agreement are 92 offered by that Contributor alone and not by any other party; and 93 iv. states that source code for the Program is available from such 94 Contributor, and informs licensees how to obtain it in a reasonable 95 manner on or through a medium customarily used for software exchange. 96 97When the Program is made available in source code form: 98a. it must be made available under this Agreement; and 99b. a copy of this Agreement must be included with each copy of the 100Program. 101 102Each Contributor must include the following in a conspicuous location in the Program: 103 104 Copyright (C) 1996, 1999 International Business Machines Corporation and others. All Rights Reserved. 105 106In addition, each Contributor must identify itself as the originator 107of its Contribution, if any, in a manner that reasonably allows 108subsequent Recipients to identify the originator of the Contribution. 109 1104. COMMERCIAL DISTRIBUTION 111Commercial distributors of software may accept certain 112responsibilities with respect to end users, business partners and the 113like. While this license is intended to facilitate the commercial 114use of the Program, the Contributor who includes the Program in a 115commercial product offering should do so in a manner which does not 116create potential liability for other Contributors. Therefore, if a 117Contributor includes the Program in a commercial product offering, 118such Contributor ("Commercial Contributor") hereby agrees to defend 119and indemnify every other Contributor ("Indemnified Contributor") 120against any losses, damages and costs (collectively "Losses") arising 121from claims, lawsuits and other legal actions brought by a third 122party against the Indemnified Contributor to the extent caused by the 123acts or omissions of such Commercial Contributor in connection with 124its distribution of the Program in a commercial product offering. 125The obligations in this section do not apply to any claims or Losses 126relating to any actual or alleged intellectual property infringement. 127In order to qualify, an Indemnified Contributor must: a) promptly 128notify the Commercial Contributor in writing of such claim, and b) 129allow the Commercial Contributor to control, and cooperate with the 130Commercial Contributor in, the defense and any related settlement 131negotiations. The Indemnified Contributor may participate in any 132such claim at its own expense. 133 134For example, a Contributor might include the Program in a commercial 135product offering, Product X. That Contributor is then a Commercial 136Contributor. If that Commercial Contributor then makes performance 137claims, or offers warranties related to Product X, those performance 138claims and warranties are such Commercial Contributor's 139responsibility alone. Under this section, the Commercial Contributor 140would have to defend claims against the other Contributors related to 141those performance claims and warranties, and if a court requires any 142other Contributor to pay any damages as a result, the Commercial 143Contributor must pay those damages. 144 1455. NO WARRANTY 146EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS 147PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY 148KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY 149WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY 150OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely 151responsible for determining the appropriateness of using and 152distributing the Program and assumes all risks associated with its 153exercise of rights under this Agreement, including but not limited to 154the risks and costs of program errors, compliance with applicable 155laws, damage to or loss of data, programs or equipment, and 156unavailability or interruption of operations. 157 1586. DISCLAIMER OF LIABILITY 159EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT 160NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, 161INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES 162(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON 163ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR 164TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF 165THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS 166GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 167 1687. GENERAL 169If any provision of this Agreement is invalid or unenforceable under 170applicable law, it shall not affect the validity or enforceability of 171the remainder of the terms of this Agreement, and without further 172action by the parties hereto, such provision shall be reformed to the 173minimum extent necessary to make such provision valid and enforceable. 174 175If Recipient institutes patent litigation against a Contributor with 176respect to a patent applicable to software (including a cross-claim 177or counterclaim in a lawsuit), then any patent licenses granted by 178that Contributor to such Recipient under this Agreement shall 179terminate as of the date such litigation is filed. In addition, if 180Recipient institutes patent litigation against any entity (including 181a cross-claim or counterclaim in a lawsuit) alleging that the Program 182itself (excluding combinations of the Program with other software or 183hardware) infringes such Recipient's patent(s), then such Recipient's 184rights granted under Section 2(b) shall terminate as of the date such 185litigation is filed. 186 187All Recipient's rights under this Agreement shall terminate if it 188fails to comply with any of the material terms or conditions of this 189Agreement and does not cure such failure in a reasonable period of 190time after becoming aware of such noncompliance. If all Recipient's 191rights under this Agreement terminate, Recipient agrees to cease use 192and distribution of the Program as soon as reasonably practicable. 193However, Recipient's obligations under this Agreement and any 194licenses granted by Recipient relating to the Program shall continue 195and survive. 196 197IBM may publish new versions (including revisions) of this Agreement 198from time to time. Each new version of the Agreement will be given a 199distinguishing version number. The Program (including Contributions) 200may always be distributed subject to the version of the Agreement 201under which it was received. In addition, after a new version of the 202Agreement is published, Contributor may elect to distribute the 203Program (including its Contributions) under the new version. No one 204other than IBM has the right to modify this Agreement. Except as 205expressly stated in Sections 2(a) and 2(b) above, Recipient receives 206no rights or licenses to the intellectual property of any Contributor 207under this Agreement, whether expressly, by implication, estoppel or 208otherwise. All rights in the Program not expressly granted under 209this Agreement are reserved. 210 211This Agreement is governed by the laws of the State of New York and 212the intellectual property laws of the United States of America. No 213party to this Agreement will bring a legal action under this 214Agreement more than one year after the cause of action arose. Each 215party waives its rights to a jury trial in any resulting litigation. 216"#