1IBM Public License Version 1.0 2 3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM 4 5PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION 6 7OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 8 91. DEFINITIONS 10"Contribution" means: 11 12a. in the case of International Business Machines Corporation ("IBM"), the 13Original Program, and 14 15b. in the case of each Contributor, 16 17i. changes to the Program, and 18 19ii. additions to the Program; 20 21where such changes and/or additions to the Program originate from and 22 23are distributed by that particular Contributor. A Contribution 24 25'originates' from a Contributor if it was added to the Program by 26 27such Contributor itself or anyone acting on such Contributor's 28 29behalf. Contributions do not include additions to the Program which: 30 31(i) are separate modules of software distributed in conjunction with 32 33the Program under their own license agreement, and (ii) are not 34 35derivative works of the Program. 36 37"Contributor" means IBM and any other entity that distributes the Program. 38 39"Licensed Patents " mean patent claims licensable by a 40 41Contributor which are necessarily infringed by the use or sale of its 42 43Contribution alone or when combined with the Program. 44 45"Original Program" means the original version of the software 46 47accompanying this Agreement as released by IBM, including source 48 49code, object code and documentation, if any. 50 51"Program" means the Original Program and Contributions. 52 53"Recipient" means anyone who receives the Program under this 54 55Agreement, including all Contributors. 56 572. GRANT OF RIGHTS 58a. Subject to the terms of this Agreement, each Contributor hereby 59 60grants Recipient a non-exclusive, worldwide, royalty-free copyright 61 62license to reproduce, prepare derivative works of, publicly display, 63 64publicly perform, distribute and sublicense the Contribution of such 65 66Contributor, if any, and such derivative works, in source code and 67 68object code form. 69 70b. Subject to the terms of this Agreement, each Contributor hereby 71 72grants Recipient a non-exclusive, worldwide, royalty-free patent 73 74license under Licensed Patents to make, use, sell, offer to sell, 75 76import and otherwise transfer the Contribution of such Contributor, 77 78if any, in source code and object code form. This patent license 79 80shall apply to the combination of the Contribution and the Program 81 82if, at the time the Contribution is added by the Contributor, such 83 84addition of the Contribution causes such combination to be covered by 85 86the Licensed Patents. The patent license shall not apply to any 87 88other combinations which include the Contribution. No hardware per 89 90se is licensed hereunder. 91 92c. Recipient understands that although each Contributor grants the 93 94licenses to its Contributions set forth herein, no assurances are 95 96provided by any Contributor that the Program does not infringe the 97 98patent or other intellectual property rights of any other entity. 99 100Each Contributor disclaims any liability to Recipient for claims 101 102brought by any other entity based on infringement of intellectual 103 104property rights or otherwise. As a condition to exercising the 105 106rights and licenses granted hereunder, each Recipient hereby assumes 107 108sole responsibility to secure any other intellectual property rights 109 110needed, if any. For example, if a third party patent license is 111 112required to allow Recipient to distribute the Program, it is 113 114Recipient's responsibility to acquire that license before 115 116distributing the Program. 117 118d. Each Contributor represents that to its knowledge it has 119 120sufficient copyright rights in its Contribution, if any, to grant the 121 122copyright license set forth in this Agreement. 123 1243. REQUIREMENTS 125A Contributor may choose to distribute 126 127the Program in object code form under its own license agreement, 128 129provided that: 130 131a. it complies with the terms and conditions of this Agreement; and 132 133b. its license agreement: 134 135i. effectively disclaims on behalf of all Contributors all warranties 136 137and conditions, express and implied, including warranties or 138 139conditions of title and non-infringement, and implied warranties or 140 141conditions of merchantability and fitness for a particular purpose; 142 143ii. effectively excludes on behalf of all Contributors all liability 144 145for damages, including direct, indirect, special, incidental and 146 147consequential damages, such as lost profits; 148 149iii. states that any provisions which differ from this Agreement are 150 151offered by that Contributor alone and not by any other party; and 152 153iv. states that source code for the Program is available from such 154 155Contributor, and informs licensees how to obtain it in a reasonable 156 157manner on or through a medium customarily used for software exchange. 158 159When the Program is made available in source code form: 160 161a. it must be made available under this Agreement; and 162 163b. a copy of this Agreement must be included with each copy of the 164 165Program. 166 167Each Contributor must include the following in a conspicuous location in the 168Program: 169 170Copyright (C) 1996, 1999 International Business Machines Corporation and 171others. All Rights Reserved. 172 173In addition, each Contributor must identify itself as the originator 174 175of its Contribution, if any, in a manner that reasonably allows 176 177subsequent Recipients to identify the originator of the Contribution. 178 1794. COMMERCIAL DISTRIBUTION 180Commercial distributors of software may accept certain 181 182responsibilities with respect to end users, business partners and the 183 184like. While this license is intended to facilitate the commercial 185 186use of the Program, the Contributor who includes the Program in a 187 188commercial product offering should do so in a manner which does not 189 190create potential liability for other Contributors. Therefore, if a 191 192Contributor includes the Program in a commercial product offering, 193 194such Contributor ("Commercial Contributor") hereby agrees to defend 195 196and indemnify every other Contributor ("Indemnified Contributor") 197 198against any losses, damages and costs (collectively "Losses") arising 199 200from claims, lawsuits and other legal actions brought by a third 201 202party against the Indemnified Contributor to the extent caused by the 203 204acts or omissions of such Commercial Contributor in connection with 205 206its distribution of the Program in a commercial product offering. 207 208The obligations in this section do not apply to any claims or Losses 209 210relating to any actual or alleged intellectual property infringement. 211 212In order to qualify, an Indemnified Contributor must: a) promptly 213 214notify the Commercial Contributor in writing of such claim, and b) 215 216allow the Commercial Contributor to control, and cooperate with the 217 218Commercial Contributor in, the defense and any related settlement 219 220negotiations. The Indemnified Contributor may participate in any 221 222such claim at its own expense. 223 224For example, a Contributor might include the Program in a commercial 225 226product offering, Product X. That Contributor is then a Commercial 227 228Contributor. If that Commercial Contributor then makes performance 229 230claims, or offers warranties related to Product X, those performance 231 232claims and warranties are such Commercial Contributor's 233 234responsibility alone. Under this section, the Commercial Contributor 235 236would have to defend claims against the other Contributors related to 237 238those performance claims and warranties, and if a court requires any 239 240other Contributor to pay any damages as a result, the Commercial 241 242Contributor must pay those damages. 243 2445. NO WARRANTY 245EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS 246 247PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY 248 249KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY 250 251WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY 252 253OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely 254 255responsible for determining the appropriateness of using and 256 257distributing the Program and assumes all risks associated with its 258 259exercise of rights under this Agreement, including but not limited to 260 261the risks and costs of program errors, compliance with applicable 262 263laws, damage to or loss of data, programs or equipment, and 264 265unavailability or interruption of operations. 266 2676. DISCLAIMER OF LIABILITY 268EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT 269 270NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, 271 272INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES 273 274(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON 275 276ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR 277 278TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF 279 280THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS 281 282GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 283 2847. GENERAL 285If any provision of this Agreement is invalid or unenforceable under 286 287applicable law, it shall not affect the validity or enforceability of 288 289the remainder of the terms of this Agreement, and without further 290 291action by the parties hereto, such provision shall be reformed to the 292 293minimum extent necessary to make such provision valid and enforceable. 294 295If Recipient institutes patent litigation against a Contributor with 296 297respect to a patent applicable to software (including a cross-claim 298 299or counterclaim in a lawsuit), then any patent licenses granted by 300 301that Contributor to such Recipient under this Agreement shall 302 303terminate as of the date such litigation is filed. In addition, if 304 305Recipient institutes patent litigation against any entity (including 306 307a cross-claim or counterclaim in a lawsuit) alleging that the Program 308 309itself (excluding combinations of the Program with other software or 310 311hardware) infringes such Recipient's patent(s), then such 312Recipient's 313 314rights granted under Section 2(b) shall terminate as of the date such 315 316litigation is filed. 317 318All Recipient's rights under this Agreement shall terminate if it 319 320fails to comply with any of the material terms or conditions of this 321 322Agreement and does not cure such failure in a reasonable period of 323 324time after becoming aware of such noncompliance. If all Recipient's 325 326rights under this Agreement terminate, Recipient agrees to cease use 327 328and distribution of the Program as soon as reasonably practicable. 329 330However, Recipient's obligations under this Agreement and any 331 332licenses granted by Recipient relating to the Program shall continue 333 334and survive. 335 336IBM may publish new versions (including revisions) of this Agreement 337 338from time to time. Each new version of the Agreement will be given a 339 340distinguishing version number. The Program (including Contributions) 341 342may always be distributed subject to the version of the Agreement 343 344under which it was received. In addition, after a new version of the 345 346Agreement is published, Contributor may elect to distribute the 347 348Program (including its Contributions) under the new version. No one 349 350other than IBM has the right to modify this Agreement. Except as 351 352expressly stated in Sections 2(a) and 2(b) above, Recipient receives 353 354no rights or licenses to the intellectual property of any Contributor 355 356under this Agreement, whether expressly, by implication, estoppel or 357 358otherwise. All rights in the Program not expressly granted under 359 360this Agreement are reserved. 361 362This Agreement is governed by the laws of the State of New York and 363 364the intellectual property laws of the United States of America. No 365 366party to this Agreement will bring a legal action under this 367 368Agreement more than one year after the cause of action arose. Each 369 370party waives its rights to a jury trial in any resulting litigation. 371 372