| Common Public License Version 1.0 |
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| 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. |
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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 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 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. |
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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 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 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 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. |
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| 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. |
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| 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. |
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| 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. |
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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 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, 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; |
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| ii) effectively excludes on behalf of all Contributors all liability for |
| damages, including direct, indirect, special, incidental and consequential |
| damages, such as lost profits; |
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| iii) states that any provisions which differ from this Agreement are offered |
| by that 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 informs licensees how to obtain it in a reasonable manner on |
| or through a medium 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 manner that reasonably allows subsequent Recipients to identify |
| the originator of the Contribution. |
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| 4. COMMERCIAL DISTRIBUTION |
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| 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. |
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| 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. |
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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, 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. |
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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 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. |
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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 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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