195 lines
12 KiB
Plaintext
195 lines
12 KiB
Plaintext
Common Public License Version 1.0
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE
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("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S
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ACCEPTANCE OF THIS AGREEMENT.
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1. DEFINITIONS
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"Contribution" means:
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a) in the case of the initial Contributor, the initial code and documentation distributed
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under this Agreement, and
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b) in the case of each subsequent Contributor:
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i) changes to the Program, and
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ii) additions to the Program;
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where such changes and/or additions to the Program originate from and are distributed
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by that particular Contributor. A Contribution 'originates' from a Contributor if it was
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added to the Program by such Contributor itself or anyone acting on such Contributor's
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behalf. Contributions do not include additions to the Program which: (i) are separate
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modules of software distributed in conjunction with the Program under their own license
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agreement, and (ii) are not derivative works of the Program.
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"Contributor" means any person or entity that distributes the Program.
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"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily
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infringed by the use or sale of its Contribution alone or when combined with the Program.
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"Program" means the Contributions distributed in accordance with this Agreement.
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"Recipient" means anyone who receives the Program under this Agreement, including all
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Contributors.
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2. GRANT OF RIGHTS
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a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a
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non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare
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derivative works of, publicly display, publicly perform, distribute and sublicense
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the Contribution of such Contributor, if any, and such derivative works, in source
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code and object code form.
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b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a
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non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make,
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use, sell, offer to sell, import and otherwise transfer the Contribution of such
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Contributor, if any, in source code and object code form. This patent license shall
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apply to the combination of the Contribution and the Program if, at the time the
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Contribution is added by the Contributor, such addition of the Contribution causes such
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combination to be covered by the Licensed Patents. The patent license shall not apply
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to any other combinations which include the Contribution. No hardware per se is licensed
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hereunder.
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c) Recipient understands that although each Contributor grants the licenses to its
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Contributions set forth herein, no assurances are provided by any Contributor that the
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Program does not infringe the patent or other intellectual property rights of any other
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entity. Each Contributor disclaims any liability to Recipient for claims brought by any
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other entity based on infringement of intellectual property rights or otherwise. As a
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condition to exercising the rights and licenses granted hereunder, each Recipient hereby
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assumes sole responsibility to secure any other intellectual property rights needed, if
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any. For example, if a third party patent license is required to allow Recipient to
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distribute the Program, it is Recipient's responsibility to acquire that license before
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distributing the Program.
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d) Each Contributor represents that to its knowledge it has sufficient copyright rights in
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its Contribution, if any, to grant the copyright license set forth in this Agreement.
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3. REQUIREMENTS
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A Contributor may choose to distribute the Program in object code form under its own license
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agreement, provided that:
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a) it complies with the terms and conditions of this Agreement; and
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b) its license agreement:
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i) effectively disclaims on behalf of all Contributors all warranties and conditions,
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express and implied, including warranties or conditions of title and non-infringement,
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and implied warranties or conditions of merchantability and fitness for a particular
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purpose;
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ii) effectively excludes on behalf of all Contributors all liability for damages,
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including direct, indirect, special, incidental and consequential damages, such as
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lost profits;
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iii) states that any provisions which differ from this Agreement are offered by that
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Contributor alone and not by any other party; and
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iv) states that source code for the Program is available from such Contributor, and
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informs licensees how to obtain it in a reasonable manner on or through a medium
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customarily used for software exchange.
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When the Program is made available in source code form:
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a) it must be made available under this Agreement; and
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b) a copy of this Agreement must be included with each copy of the Program.
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Contributors may not remove or alter any copyright notices contained within the Program.
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Each Contributor must identify itself as the originator of its Contribution, if any, in a
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manner that reasonably allows subsequent Recipients to identify the originator of the
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Contribution.
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4. COMMERCIAL DISTRIBUTION
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Commercial distributors of software may accept certain responsibilities with respect to end
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users, business partners and the like. While this license is intended to facilitate the
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commercial use of the Program, the Contributor who includes the Program in a commercial
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product offering should do so in a manner which does not create potential liability for other
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Contributors. Therefore, if a Contributor includes the Program in a commercial product
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offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
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every other Contributor ("Indemnified Contributor") against any losses, damages and costs
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(collectively "Losses") arising from claims, lawsuits and other legal actions brought by a
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third party against the Indemnified Contributor to the extent caused by the acts or omissions
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of such Commercial Contributor in connection with its distribution of the Program in a
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commercial product offering. The obligations in this section do not apply to any claims or
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Losses relating to any actual or alleged intellectual property infringement. In order to
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qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in
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writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with
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the Commercial Contributor in, the defense and any related settlement negotiations. The
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Indemnified Contributor may participate in any such claim at its own expense.
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For example, a Contributor might include the Program in a commercial product offering, Product
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X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then
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makes performance claims, or offers warranties related to Product X, those performance claims
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and warranties are such Commercial Contributor's responsibility alone. Under this section, the
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Commercial Contributor would have to defend claims against the other Contributors related to
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those performance claims and warranties, and if a court requires any other Contributor to pay
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any damages as a result, the Commercial Contributor must pay those damages.
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5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS,
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WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
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LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
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FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the
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appropriateness of using and distributing the Program and assumes all risks associated with
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its exercise of rights under this Agreement, including but not limited to the risks and costs
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of program errors, compliance with applicable laws, damage to or loss of data, programs or
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equipment, and unavailability or interruption of operations.
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6. DISCLAIMER OF LIABILITY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL
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HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
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DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
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ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
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GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. GENERAL
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If any provision of this Agreement is invalid or unenforceable under applicable law, it shall
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not affect the validity or enforceability of the remainder of the terms of this Agreement, and
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without further action by the parties hereto, such provision shall be reformed to the minimum
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extent necessary to make such provision valid and enforceable.
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If Recipient institutes patent litigation against a Contributor with respect to a patent
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applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent
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licenses granted by that Contributor to such Recipient under this Agreement shall terminate
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as of the date such litigation is filed. In addition, if Recipient institutes patent
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litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging
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that the Program itself (excluding combinations of the Program with other software or
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hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under
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Section 2(b) shall terminate as of the date such litigation is filed.
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All Recipient's rights under this Agreement shall terminate if it fails to comply with any of
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the material terms or conditions of this Agreement and does not cure such failure in a
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reasonable period of time after becoming aware of such noncompliance. If all Recipient's
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rights under this Agreement terminate, Recipient agrees to cease use and distribution of the
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Program as soon as reasonably practicable. However, Recipient's obligations under this
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Agreement and any licenses granted by Recipient relating to the Program shall continue and
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survive.
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Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid
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inconsistency the Agreement is copyrighted and may only be modified in the following manner.
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The Agreement Steward reserves the right to publish new versions (including revisions) of
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this Agreement from time to time. No one other than the Agreement Steward has the right to
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modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility
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to serve as the Agreement Steward to a suitable separate entity. Each new version of the
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Agreement will be given a distinguishing version number. The Program (including Contributions)
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may always be distributed subject to the version of the Agreement under which it was received.
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In addition, after a new version of the Agreement is published, Contributor may elect to
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distribute the Program (including its Contributions) under the new version. Except as
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expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses
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to the intellectual property of any Contributor under this Agreement, whether expressly, by
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implication, estoppel or otherwise. All rights in the Program not expressly granted under this
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Agreement are reserved.
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This Agreement is governed by the laws of the State of New York and the intellectual property
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laws of the United States of America. No party to this Agreement will bring a legal action
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under this Agreement more than one year after the cause of action arose. Each party waives its
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rights to a jury trial in any resulting litigation. |