1 1. The follow files are available in source code form under the Eclipse 

     1 1. The following files are available in source code form under the Common

     2 Public License at: http://www2.research.att.com/~astopen/download. (The EPL

     2 Public License at: http://www2.research.att.com/~astopen/download. (The CPL

    12 3. Any provisions of the Oracle license agreement that differ from the Eclipse

    12 3. Any provisions of the Oracle license agreement that differ from the Common

    18 src/cmd/INIT/cc.sol11.sparc src/cmd/INIT/cc.sol11.sparc-64

    18 src/cmd/INIT/cc.sol11.sun4 src/cmd/INIT/cc.sol11.sun4-64

    19 src/cmd/INIT/regress.sh src/cmd/ksh93/bltins/alarm.c

    19 src/cmd/INIT/regress.sh src/cmd/ksh93/bltins/cd_pwd.c

    20 src/cmd/ksh93/bltins/cd_pwd.c src/cmd/ksh93/data/builtins.c

    20 src/cmd/ksh93/bltins/typeset.c src/cmd/ksh93/data/builtins.c

    23 src/cmd/ksh93/Makefile src/cmd/ksh93/sh/args.c

    23 src/cmd/ksh93/include/ulimit.h src/cmd/ksh93/Makefile src/cmd/ksh93/sh/args.c

    24 src/cmd/ksh93/sh/array.c src/cmd/ksh93/sh/fault.c

    24 src/cmd/ksh93/sh/init.c src/cmd/ksh93/sh/io.c src/cmd/ksh93/sh/jobs.c

    25 src/cmd/ksh93/sh/init.c src/cmd/ksh93/sh/io.c

    25 src/cmd/ksh93/sh/lex.c src/cmd/ksh93/sh/macro.c src/cmd/ksh93/sh/main.c

    26 src/cmd/ksh93/sh/jobs.c src/cmd/ksh93/sh/lex.c

    26 src/cmd/ksh93/sh/name.c src/cmd/ksh93/sh/nvdisc.c src/cmd/ksh93/sh/nvtree.c

    27 src/cmd/ksh93/sh/macro.c src/cmd/ksh93/sh/main.c

    27 src/cmd/ksh93/sh/nvtype.c src/cmd/ksh93/sh/path.c src/cmd/ksh93/sh/subshell.c

    28 src/cmd/ksh93/sh/name.c src/cmd/ksh93/sh/nvdisc.c

    28 src/cmd/ksh93/sh/xec.c src/cmd/ss/ssd.c src/lib/libast/comp/mkdir.c

    29 src/cmd/ksh93/sh/nvtree.c src/cmd/ksh93/sh/nvtype.c

    30 src/cmd/ksh93/sh/path.c src/cmd/ksh93/sh/streval.c

    31 src/cmd/ksh93/sh/subshell.c src/cmd/ksh93/sh/xec.c

    32 src/cmd/ss/ssd.c src/lib/libast/comp/mkdir.c

    42 

    38 6. 

    43 

    39 

    44 Eclipse Public License - v 1.0 

    40 +------------------------------------------------------------------------------+

    45 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 

    41 |          This license covers all software that refers to the URL             |

    46 1. DEFINITIONS 

    42 |            http://www.opensource.org/licenses/bsd-license.php                |

    47 "Contribution" means: 

    43 +------------------------------------------------------------------------------+

    48 a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and

    44 

    49 b) in the case of each subsequent Contributor:

    45 The BSD License

    50 i) changes to the Program, and

    46 

    51 ii) additions to the Program;

    47 Copyright (c) <YEAR>, <OWNER>

    52 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. 

    48 All rights reserved.

    53 "Contributor" means any person or entity that distributes the Program. 

    49 

    54 "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. 

    50 Redistribution and use in source and binary forms, with or without

    55 "Program" means the Contributions distributed in accordance with this Agreement. 

    51 modification, are permitted provided that the following conditions are

    56 "Recipient" means anyone who receives the Program under this Agreement, including all Contributors. 

    52 met:

    57 2. GRANT OF RIGHTS 

    53 

    58 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.

    54     * Redistributions of source code must retain the above copyright

    59 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. 

    55       notice, this list of conditions and the following disclaimer.

    60 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.

    56     * Redistributions in binary form must reproduce the above copyright

    61 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. 

    57       notice, this list of conditions and the following disclaimer in the

    62 3. REQUIREMENTS 

    58       documentation and/or other materials provided with the

    63 A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: 

    59       distribution.

    64 a) it complies with the terms and conditions of this Agreement; and

    60     * Neither the name of the <ORGANIZATION> nor the names of its

    65 b) its license agreement:

    61       contributors may be used to endorse or promote products derived

    66 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; 

    62       from this software without specific prior written permission.

    67 ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; 

    63 

    68 iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and

    64 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS

    69 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. 

    65 IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED

    70 When the Program is made available in source code form: 

    66 TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

    71 a) it must be made available under this Agreement; and 

    67 PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT

    72 b) a copy of this Agreement must be included with each copy of the Program. 

    68 HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

    73 Contributors may not remove or alter any copyright notices contained within the Program. 

    69 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT

    74 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. 

    70 LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,

    75 4. COMMERCIAL DISTRIBUTION 

    71 DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY

    76 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. 

    72 THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT

    77 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. 

    73 (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE

    78 5. NO WARRANTY 

    74 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

    79 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. 

    75 

    80 6. DISCLAIMER OF LIABILITY 

    76 +------------------------------------------------------------------------------+

    81 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. 

    77 |          This license covers all software that refers to the URL             |

    82 7. GENERAL 

    78 |               http://www.opensource.org/licenses/cpl1.0.txt                  |

    83 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. 

    79 +------------------------------------------------------------------------------+

    84 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. 

    80 

    85 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. 

    81 Common Public License Version 1.0

    86 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. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation 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. 

    82 

    87 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. 

    83    THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON

    84    PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF

    85    THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

    86    

    87    1. DEFINITIONS 

    88    

    89    "Contribution" means:

    90    

    91      a) in the case of the initial Contributor, the initial code and

    92      documentation distributed under this Agreement, and

    93      

    94      b) in the case of each subsequent Contributor:

    95      

    96      i) changes to the Program, and

    97      

    98      ii) additions to the Program;

    99      

   100      where such changes and/or additions to the Program originate from

   101      and are distributed by that particular Contributor. A Contribution

   102      'originates' from a Contributor if it was added to the Program by

   103      such Contributor itself or anyone acting on such Contributor's

   104      behalf. Contributions do not include additions to the Program

   105      which: (i) are separate modules of software distributed in

   106      conjunction with the Program under their own license agreement, and

   107      (ii) are not derivative works of the Program.

   108      

   109    "Contributor" means any person or entity that distributes the Program.

   110    

   111    "Licensed Patents " mean patent claims licensable by a Contributor

   112    which are necessarily infringed by the use or sale of its Contribution

   113    alone or when combined with the Program.

   114    

   115    "Program" means the Contributions distributed in accordance with this

   116    Agreement.

   117    

   118    "Recipient" means anyone who receives the Program under this

   119    Agreement, including all Contributors.

   120    

   121    2. GRANT OF RIGHTS

   122    

   123      a) Subject to the terms of this Agreement, each Contributor hereby

   124      grants Recipient a non-exclusive, worldwide, royalty-free copyright

   125      license to reproduce, prepare derivative works of, publicly

   126      display, publicly perform, distribute and sublicense the

   127      Contribution of such Contributor, if any, and such derivative

   128      works, in source code and object code form.

   129      

   130      b) Subject to the terms of this Agreement, each Contributor hereby

   131      grants Recipient a non-exclusive, worldwide, royalty-free patent

   132      license under Licensed Patents to make, use, sell, offer to sell,

   133      import and otherwise transfer the Contribution of such Contributor,

   134      if any, in source code and object code form. This patent license

   135      shall apply to the combination of the Contribution and the Program

   136      if, at the time the Contribution is added by the Contributor, such

   137      addition of the Contribution causes such combination to be covered

   138      by the Licensed Patents. The patent license shall not apply to any

   139      other combinations which include the Contribution. No hardware per

   140      se is licensed hereunder.

   141      

   142      c) Recipient understands that although each Contributor grants the

   143      licenses to its Contributions set forth herein, no assurances are

   144      provided by any Contributor that the Program does not infringe the

   145      patent or other intellectual property rights of any other entity.

   146      Each Contributor disclaims any liability to Recipient for claims

   147      brought by any other entity based on infringement of intellectual

   148      property rights or otherwise. As a condition to exercising the

   149      rights and licenses granted hereunder, each Recipient hereby

   150      assumes sole responsibility to secure any other intellectual

   151      property rights needed, if any. For example, if a third party

   152      patent license is required to allow Recipient to distribute the

   153      Program, it is Recipient's responsibility to acquire that license

   154      before distributing the Program.

   155      

   156      d) Each Contributor represents that to its knowledge it has

   157      sufficient copyright rights in its Contribution, if any, to grant

   158      the copyright license set forth in this Agreement.

   159      

   160    3. REQUIREMENTS

   161    

   162    A Contributor may choose to distribute the Program in object code form

   163    under its own license agreement, provided that:

   164    

   165      a) it complies with the terms and conditions of this Agreement; and

   166      

   167      b) its license agreement:

   168      

   169      i) effectively disclaims on behalf of all Contributors all

   170      warranties and conditions, express and implied, including

   171      warranties or conditions of title and non-infringement, and implied

   172      warranties or conditions of merchantability and fitness for a

   173      particular purpose;

   174      

   175      ii) effectively excludes on behalf of all Contributors all

   176      liability for damages, including direct, indirect, special,

   177      incidental and consequential damages, such as lost profits;

   178      

   179      iii) states that any provisions which differ from this Agreement

   180      are offered by that Contributor alone and not by any other party;

   181      and

   182      

   183      iv) states that source code for the Program is available from such

   184      Contributor, and informs licensees how to obtain it in a reasonable

   185      manner on or through a medium customarily used for software

   186      exchange.

   187      

   188    When the Program is made available in source code form:

   189    

   190      a) it must be made available under this Agreement; and

   191      

   192      b) a copy of this Agreement must be included with each copy of the

   193      Program.

   194      

   195    Contributors may not remove or alter any copyright notices contained

   196    within the Program.

   197    

   198    Each Contributor must identify itself as the originator of its

   199    Contribution, if any, in a manner that reasonably allows subsequent

   200    Recipients to identify the originator of the Contribution.

   201    

   202    4. COMMERCIAL DISTRIBUTION

   203    

   204    Commercial distributors of software may accept certain

   205    responsibilities with respect to end users, business partners and the

   206    like. While this license is intended to facilitate the commercial use

   207    of the Program, the Contributor who includes the Program in a

   208    commercial product offering should do so in a manner which does not

   209    create potential liability for other Contributors. Therefore, if a

   210    Contributor includes the Program in a commercial product offering,

   211    such Contributor ("Commercial Contributor") hereby agrees to defend

   212    and indemnify every other Contributor ("Indemnified Contributor")

   213    against any losses, damages and costs (collectively "Losses") arising

   214    from claims, lawsuits and other legal actions brought by a third party

   215    against the Indemnified Contributor to the extent caused by the acts

   216    or omissions of such Commercial Contributor in connection with its

   217    distribution of the Program in a commercial product offering. The

   218    obligations in this section do not apply to any claims or Losses

   219    relating to any actual or alleged intellectual property infringement.

   220    In order to qualify, an Indemnified Contributor must: a) promptly

   221    notify the Commercial Contributor in writing of such claim, and b)

   222    allow the Commercial Contributor to control, and cooperate with the

   223    Commercial Contributor in, the defense and any related settlement

   224    negotiations. The Indemnified Contributor may participate in any such

   225    claim at its own expense.

   226    

   227    For example, a Contributor might include the Program in a commercial

   228    product offering, Product X. That Contributor is then a Commercial

   229    Contributor. If that Commercial Contributor then makes performance

   230    claims, or offers warranties related to Product X, those performance

   231    claims and warranties are such Commercial Contributor's responsibility

   232    alone. Under this section, the Commercial Contributor would have to

   233    defend claims against the other Contributors related to those

   234    performance claims and warranties, and if a court requires any other

   235    Contributor to pay any damages as a result, the Commercial Contributor

   236    must pay those damages.

   237    

   238    5. NO WARRANTY

   239    

   240    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS

   241    PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY

   242    KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY

   243    WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY

   244    OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely

   245    responsible for determining the appropriateness of using and

   246    distributing the Program and assumes all risks associated with its

   247    exercise of rights under this Agreement, including but not limited to

   248    the risks and costs of program errors, compliance with applicable

   249    laws, damage to or loss of data, programs or equipment, and

   250    unavailability or interruption of operations.

   251    

   252    6. DISCLAIMER OF LIABILITY 

   253    

   254    EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR

   255    ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,

   256    INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING

   257    WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF

   258    LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING

   259    NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR

   260    DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED

   261    HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   262    

   263    7. GENERAL

   264    

   265    If any provision of this Agreement is invalid or unenforceable under

   266    applicable law, it shall not affect the validity or enforceability of

   267    the remainder of the terms of this Agreement, and without further

   268    action by the parties hereto, such provision shall be reformed to the

   269    minimum extent necessary to make such provision valid and enforceable.

   270    

   271    If Recipient institutes patent litigation against a Contributor with

   272    respect to a patent applicable to software (including a cross-claim or

   273    counterclaim in a lawsuit), then any patent licenses granted by that

   274    Contributor to such Recipient under this Agreement shall terminate as

   275    of the date such litigation is filed. In addition, if Recipient

   276    institutes patent litigation against any entity (including a

   277    cross-claim or counterclaim in a lawsuit) alleging that the Program

   278    itself (excluding combinations of the Program with other software or

   279    hardware) infringes such Recipient's patent(s), then such Recipient's

   280    rights granted under Section 2(b) shall terminate as of the date such

   281    litigation is filed.

   282    

   283    All Recipient's rights under this Agreement shall terminate if it

   284    fails to comply with any of the material terms or conditions of this

   285    Agreement and does not cure such failure in a reasonable period of

   286    time after becoming aware of such noncompliance. If all Recipient's

   287    rights under this Agreement terminate, Recipient agrees to cease use

   288    and distribution of the Program as soon as reasonably practicable.

   289    However, Recipient's obligations under this Agreement and any licenses

   290    granted by Recipient relating to the Program shall continue and

   291    survive.

   292    

   293    Everyone is permitted to copy and distribute copies of this Agreement,

   294    but in order to avoid inconsistency the Agreement is copyrighted and

   295    may only be modified in the following manner. The Agreement Steward

   296    reserves the right to publish new versions (including revisions) of

   297    this Agreement from time to time. No one other than the Agreement

   298    Steward has the right to modify this Agreement. IBM is the initial

   299    Agreement Steward. IBM may assign the responsibility to serve as the

   300    Agreement Steward to a suitable separate entity. Each new version of

   301    the Agreement will be given a distinguishing version number. The

   302    Program (including Contributions) may always be distributed subject to

   303    the version of the Agreement under which it was received. In addition,

   304    after a new version of the Agreement is published, Contributor may

   305    elect to distribute the Program (including its Contributions) under

   306    the new version. Except as expressly stated in Sections 2(a) and 2(b)

   307    above, Recipient receives no rights or licenses to the intellectual

   308    property of any Contributor under this Agreement, whether expressly,

   309    by implication, estoppel or otherwise. All rights in the Program not

   310    expressly granted under this Agreement are reserved.

   311    

   312    This Agreement is governed by the laws of the State of New York and

   313    the intellectual property laws of the United States of America. No

   314    party to this Agreement will bring a legal action under this Agreement

   315    more than one year after the cause of action arose. Each party waives

   316    its rights to a jury trial in any resulting litigation.

   317 

   318 Copyright (c) 2004 by the Open Source Initiative

   319 This is a copy of the license posted on 2004-10-06 at:

   320    http://www.opensource.org/licenses/cpl

   321