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1 IBM Public License 1.0 |
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2 |
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3 ftp://ftp.porcupine.org/mirrors/postfix-release/LICENSE |
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4 |
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5 IBM PUBLIC LICENSE VERSION 1.0 - SECURE MAILER |
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6 |
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7 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC |
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8 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE |
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9 PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
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10 |
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11 1. DEFINITIONS |
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12 |
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13 "Contribution" means: |
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14 a) in the case of International Business Machines Corporation ("IBM"), |
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15 the Original Program, and |
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16 b) in the case of each Contributor, |
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17 i) changes to the Program, and |
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18 ii) additions to the Program; |
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19 where such changes and/or additions to the Program originate |
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20 from and are distributed by that particular Contributor. |
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21 A Contribution 'originates' from a Contributor if it was added |
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22 to the Program by such Contributor itself or anyone acting on |
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23 such Contributor's behalf. |
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24 Contributions do not include additions to the Program which: |
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25 (i) are separate modules of software distributed in conjunction |
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26 with the Program under their own license agreement, and |
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27 (ii) are not derivative works of the Program. |
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28 |
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29 "Contributor" means IBM and any other entity that distributes the Program. |
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30 |
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31 "Licensed Patents " mean patent claims licensable by a Contributor which |
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32 are necessarily infringed by the use or sale of its Contribution alone |
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33 or when combined with the Program. |
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34 |
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35 "Original Program" means the original version of the software accompanying |
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36 this Agreement as released by IBM, including source code, object code |
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37 and documentation, if any. |
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38 |
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39 "Program" means the Original Program and Contributions. |
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40 |
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41 "Recipient" means anyone who receives the Program under this Agreement, |
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42 including all Contributors. |
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43 |
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44 2. GRANT OF RIGHTS |
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45 |
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46 a) Subject to the terms of this Agreement, each Contributor hereby |
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47 grants Recipient a non-exclusive, worldwide, royalty-free copyright |
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48 license to reproduce, prepare derivative works of, publicly display, |
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49 publicly perform, distribute and sublicense the Contribution of such |
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50 Contributor, if any, and such derivative works, in source code and |
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51 object code form. |
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52 |
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53 b) Subject to the terms of this Agreement, each Contributor hereby |
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54 grants Recipient a non-exclusive, worldwide, royalty-free patent |
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55 license under Licensed Patents to make, use, sell, offer to sell, |
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56 import and otherwise transfer the Contribution of such Contributor, |
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57 if any, in source code and object code form. This patent license |
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58 shall apply to the combination of the Contribution and the Program |
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59 if, at the time the Contribution is added by the Contributor, such |
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60 addition of the Contribution causes such combination to be covered |
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61 by the Licensed Patents. The patent license shall not apply to any |
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62 other combinations which include the Contribution. No hardware per |
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63 se is licensed hereunder. |
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64 |
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65 c) Recipient understands that although each Contributor grants the |
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66 licenses to its Contributions set forth herein, no assurances are |
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67 provided by any Contributor that the Program does not infringe the |
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68 patent or other intellectual property rights of any other entity. |
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69 Each Contributor disclaims any liability to Recipient for claims |
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70 brought by any other entity based on infringement of intellectual |
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71 property rights or otherwise. As a condition to exercising the rights |
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72 and licenses granted hereunder, each Recipient hereby assumes sole |
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73 responsibility to secure any other intellectual property rights |
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74 needed, if any. For example, if a third party patent license |
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75 is required to allow Recipient to distribute the Program, it is |
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76 Recipient's responsibility to acquire that license before distributing |
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77 the Program. |
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78 |
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79 d) Each Contributor represents that to its knowledge it has sufficient |
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80 copyright rights in its Contribution, if any, to grant the copyright |
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81 license set forth in this Agreement. |
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82 |
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83 3. REQUIREMENTS |
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84 |
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85 A Contributor may choose to distribute the Program in object code form |
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86 under its own license agreement, provided that: |
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87 a) it complies with the terms and conditions of this Agreement; and |
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88 b) its license agreement: |
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89 i) effectively disclaims on behalf of all Contributors all |
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90 warranties and conditions, express and implied, including |
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91 warranties or conditions of title and non-infringement, and |
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92 implied warranties or conditions of merchantability and fitness |
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93 for a particular purpose; |
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94 ii) effectively excludes on behalf of all Contributors all |
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95 liability for damages, including direct, indirect, special, |
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96 incidental and consequential damages, such as lost profits; |
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97 iii) states that any provisions which differ from this Agreement |
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98 are offered by that Contributor alone and not by any other |
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99 party; and |
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100 iv) states that source code for the Program is available from |
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101 such Contributor, and informs licensees how to obtain it in a |
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102 reasonable manner on or through a medium customarily used for |
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103 software exchange. |
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104 |
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105 When the Program is made available in source code form: |
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106 a) it must be made available under this Agreement; and |
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107 b) a copy of this Agreement must be included with each copy of the |
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108 Program. |
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109 |
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110 Each Contributor must include the following in a conspicuous location |
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111 in the Program: |
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112 |
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113 Copyright (c) 1997,1998,1999, International Business Machines |
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114 Corporation and others. All Rights Reserved. |
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115 |
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116 In addition, each Contributor must identify itself as the originator of |
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117 its Contribution, if any, in a manner that reasonably allows subsequent |
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118 Recipients to identify the originator of the Contribution. |
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119 |
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120 4. COMMERCIAL DISTRIBUTION |
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121 |
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122 Commercial distributors of software may accept certain responsibilities |
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123 with respect to end users, business partners and the like. While this |
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124 license is intended to facilitate the commercial use of the Program, the |
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125 Contributor who includes the Program in a commercial product offering |
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126 should do so in a manner which does not create potential liability for |
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127 other Contributors. Therefore, if a Contributor includes the Program in |
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128 a commercial product offering, such Contributor ("Commercial Contributor") |
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129 hereby agrees to defend and indemnify every other Contributor |
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130 ("Indemnified Contributor") against any losses, damages and costs |
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131 (collectively "Losses") arising from claims, lawsuits and other legal |
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132 actions brought by a third party against the Indemnified Contributor to |
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133 the extent caused by the acts or omissions of such Commercial Contributor |
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134 in connection with its distribution of the Program in a commercial |
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135 product offering. The obligations in this section do not apply to any |
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136 claims or Losses relating to any actual or alleged intellectual property |
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137 infringement. In order to qualify, an Indemnified Contributor must: |
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138 a) promptly notify the Commercial Contributor in writing of such claim, |
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139 and |
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140 b) allow the Commercial Contributor to control, and cooperate with |
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141 the Commercial Contributor in, the defense and any related |
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142 settlement negotiations. The Indemnified Contributor may |
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143 participate in any such claim at its own expense. |
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144 |
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145 For example, a Contributor might include the Program in a commercial |
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146 product offering, Product X. That Contributor is then a Commercial |
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147 Contributor. If that Commercial Contributor then makes performance |
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148 claims, or offers warranties related to Product X, those performance |
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149 claims and warranties are such Commercial Contributor's responsibility |
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150 alone. Under this section, the Commercial Contributor would have to |
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151 defend claims against the other Contributors related to those performance |
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152 claims and warranties, and if a court requires any other Contributor to |
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153 pay any damages as a result, the Commercial Contributor must pay those |
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154 damages. |
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155 |
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156 5. NO WARRANTY |
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157 |
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158 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED |
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159 ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER |
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160 EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR |
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161 CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A |
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162 PARTICULAR PURPOSE. Each Recipient is solely responsible for determining |
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163 the appropriateness of using and distributing the Program and assumes |
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164 all risks associated with its exercise of rights under this Agreement, |
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165 including but not limited to the risks and costs of program errors, |
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166 compliance with applicable laws, damage to or loss of data, programs or |
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167 equipment, and unavailability or interruption of operations. |
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168 |
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169 6. DISCLAIMER OF LIABILITY |
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170 |
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171 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR |
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172 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, |
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173 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
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174 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF |
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175 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
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176 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION |
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177 OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF |
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178 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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179 |
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180 7. GENERAL |
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181 |
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182 If any provision of this Agreement is invalid or unenforceable under |
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183 applicable law, it shall not affect the validity or enforceability of |
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184 the remainder of the terms of this Agreement, and without further action |
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185 by the parties hereto, such provision shall be reformed to the minimum |
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186 extent necessary to make such provision valid and enforceable. |
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187 |
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188 If Recipient institutes patent litigation against a Contributor with |
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189 respect to a patent applicable to software (including a cross-claim or |
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190 counterclaim in a lawsuit), then any patent licenses granted by that |
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191 Contributor to such Recipient under this Agreement shall terminate |
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192 as of the date such litigation is filed. In addition, If Recipient |
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193 institutes patent litigation against any entity (including a cross-claim |
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194 or counterclaim in a lawsuit) alleging that the Program itself (excluding |
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195 combinations of the Program with other software or hardware) infringes |
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196 such Recipient's patent(s), then such Recipient's rights granted under |
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197 Section 2(b) shall terminate as of the date such litigation is filed. |
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198 |
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199 All Recipient's rights under this Agreement shall terminate if it fails |
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200 to comply with any of the material terms or conditions of this Agreement |
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201 and does not cure such failure in a reasonable period of time after |
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202 becoming aware of such noncompliance. If all Recipient's rights under |
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203 this Agreement terminate, Recipient agrees to cease use and distribution |
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204 of the Program as soon as reasonably practicable. However, Recipient's |
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205 obligations under this Agreement and any licenses granted by Recipient |
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206 relating to the Program shall continue and survive. |
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207 |
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208 IBM may publish new versions (including revisions) of this Agreement |
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209 from time to time. Each new version of the Agreement will be given a |
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210 distinguishing version number. The Program (including Contributions) |
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211 may always be distributed subject to the version of the Agreement under |
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212 which it was received. In addition, after a new version of the Agreement |
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213 is published, Contributor may elect to distribute the Program (including |
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214 its Contributions) under the new version. No one other than IBM has the |
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215 right to modify this Agreement. Except as expressly stated in Sections |
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216 2(a) and 2(b) above, Recipient receives no rights or licenses to the |
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217 intellectual property of any Contributor under this Agreement, whether |
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218 expressly, by implication, estoppel or otherwise. All rights in the |
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219 Program not expressly granted under this Agreement are reserved. |
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220 |
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221 This Agreement is governed by the laws of the State of New York and the |
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222 intellectual property laws of the United States of America. No party to |
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223 this Agreement will bring a legal action under this Agreement more than |
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224 one year after the cause of action arose. Each party waives its rights |
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225 to a jury trial in any resulting litigation. |