1 (C) Copyright IBM Corp. 2005

     2 (C) Copyright IBM Corp. 2006

     3 (C) Copyright IBM Corp. 2007

     4 (C) Copyright IBM Corp. 2005, 2006

     5 (C) Copyright IBM Corp. 2005, 2007

     6 (C) Copyright IBM Corp. 2005, 2008

     7 (C) Copyright IBM Corp. 2006, 2007

     8 (C) Copyright IBM Corp. 2006, 2008

     9 (C) Copyright IBM Corp. 2007, 2008

    10 

    11 			Common Public License Version 1.0

    12 

    13 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC

    14 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM

    15 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

    16 

    17 1. DEFINITIONS

    18 

    19 "Contribution" means:

    20 

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

    22 documentation distributed under this Agreement, and

    23 

    24 b) in the case of each subsequent Contributor:

    25 

    26 i) changes to the Program, and

    27 

    28 ii) additions to the Program;

    29 

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

    31 distributed by that particular Contributor. A Contribution 'originates' from a

    32 Contributor if it was added to the Program by such Contributor itself or anyone

    33 acting on such Contributor's behalf. Contributions do not include additions to

    34 the Program which: (i) are separate modules of software distributed in

    35 conjunction with the Program under their own license agreement, and (ii) are not

    36 derivative works of the Program.

    37 

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

    39 

    40 "Licensed Patents " mean patent claims licensable by a Contributor which are

    41 necessarily infringed by the use or sale of its Contribution alone or when

    42 combined with the Program.

    43 

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

    45 

    46 "Recipient" means anyone who receives the Program under this Agreement,

    47 including all Contributors.

    48 

    49 2. GRANT OF RIGHTS

    50 

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

    52 Recipient a non-exclusive, worldwide, royalty-free copyright license to

    53 reproduce, prepare derivative works of, publicly display, publicly perform,

    54 distribute and sublicense the Contribution of such Contributor, if any, and such

    55 derivative works, in source code and object code form.

    56 

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

    58 Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed

    59 Patents to make, use, sell, offer to sell, import and otherwise transfer the

    60 Contribution of such Contributor, if any, in source code and object code form.

    61 This patent license shall apply to the combination of the Contribution and the

    62 Program if, at the time the Contribution is added by the Contributor, such

    63 addition of the Contribution causes such combination to be covered by the

    64 Licensed Patents. The patent license shall not apply to any other combinations

    65 which include the Contribution. No hardware per se is licensed hereunder.

    66 

    67 c) Recipient understands that although each Contributor grants the licenses

    68 to its Contributions set forth herein, no assurances are provided by any

    69 Contributor that the Program does not infringe the patent or other intellectual

    70 property rights of any other entity. Each Contributor disclaims any liability to

    71 Recipient for claims brought by any other entity based on infringement of

    72 intellectual property rights or otherwise. As a condition to exercising the

    73 rights and licenses granted hereunder, each Recipient hereby assumes sole

    74 responsibility to secure any other intellectual property rights needed, if any.

    75 For example, if a third party patent license is required to allow Recipient to

    76 distribute the Program, it is Recipient's responsibility to acquire that license

    77 before distributing the Program.

    78 

    79 d) Each Contributor represents that to its knowledge it has sufficient

    80 copyright rights in its Contribution, if any, to grant the copyright license set

    81 forth in this Agreement.

    82 

    83 3. REQUIREMENTS

    84 

    85 A Contributor may choose to distribute the Program in object code form under its

    86 own license agreement, provided that:

    87 

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

    89 

    90 b) its license agreement:

    91 

    92 i) effectively disclaims on behalf of all Contributors all warranties and

    93 conditions, express and implied, including warranties or conditions of title and

    94 non-infringement, and implied warranties or conditions of merchantability and

    95 fitness for a particular purpose;

    96 

    97 ii) effectively excludes on behalf of all Contributors all liability for

    98 damages, including direct, indirect, special, incidental and consequential

    99 damages, such as lost profits;

   100 

   101 iii) states that any provisions which differ from this Agreement are offered

   102 by that Contributor alone and not by any other party; and

   103 

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

   105 Contributor, and informs licensees how to obtain it in a reasonable manner on or

   106 through a medium customarily used for software exchange.

   107 

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

   109 

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

   111 

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

   113 

   114 Contributors may not remove or alter any copyright notices contained within the

   115 Program.

   116 

   117 Each Contributor must identify itself as the originator of its Contribution, if

   118 any, in a manner that reasonably allows subsequent Recipients to identify the

   119 originator of the Contribution.

   120 

   121 4. COMMERCIAL DISTRIBUTION

   122 

   123 Commercial distributors of software may accept certain responsibilities with

   124 respect to end users, business partners and the like. While this license is

   125 intended to facilitate the commercial use of the Program, the Contributor who

   126 includes the Program in a commercial product offering should do so in a manner

   127 which does not create potential liability for other Contributors. Therefore, if

   128 a Contributor includes the Program in a commercial product offering, such

   129 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify

   130 every other Contributor ("Indemnified Contributor") against any losses, damages

   131 and costs (collectively "Losses") arising from claims, lawsuits and other legal

   132 actions brought by a third party against the Indemnified Contributor to the

   133 extent caused by the acts or omissions of such Commercial Contributor in

   134 connection with its distribution of the Program in a commercial product

   135 offering. The obligations in this section do not apply to any claims or Losses

   136 relating to any actual or alleged intellectual property infringement. In order

   137 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial

   138 Contributor in writing of such claim, and b) allow the Commercial Contributor to

   139 control, and cooperate with the Commercial Contributor in, the defense and any

   140 related settlement negotiations. The Indemnified Contributor may participate in

   141 any such claim at its own expense.

   142 

   143 For example, a Contributor might include the Program in a commercial product

   144 offering, Product X. That Contributor is then a Commercial Contributor. If that

   145 Commercial Contributor then makes performance claims, or offers warranties

   146 related to Product X, those performance claims and warranties are such

   147 Commercial Contributor's responsibility alone. Under this section, the

   148 Commercial Contributor would have to defend claims against the other

   149 Contributors related to those performance claims and warranties, and if a court

   150 requires any other Contributor to pay any damages as a result, the Commercial

   151 Contributor must pay those damages.

   152 

   153 5. NO WARRANTY

   154 

   155 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN

   156 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR

   157 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,

   158 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each

   159 Recipient is solely responsible for determining the appropriateness of using and

   160 distributing the Program and assumes all risks associated with its exercise of

   161 rights under this Agreement, including but not limited to the risks and costs of

   162 program errors, compliance with applicable laws, damage to or loss of data,

   163 programs or equipment, and unavailability or interruption of operations.

   164 

   165 6. DISCLAIMER OF LIABILITY

   166 

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

   168 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,

   169 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST

   170 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

   171 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

   172 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS

   173 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   174 

   175 7. GENERAL

   176 

   177 If any provision of this Agreement is invalid or unenforceable under applicable

   178 law, it shall not affect the validity or enforceability of the remainder of the

   179 terms of this Agreement, and without further action by the parties hereto, such

   180 provision shall be reformed to the minimum extent necessary to make such

   181 provision valid and enforceable.

   182 

   183 If Recipient institutes patent litigation against a Contributor with respect to

   184 a patent applicable to software (including a cross-claim or counterclaim in a

   185 lawsuit), then any patent licenses granted by that Contributor to such Recipient

   186 under this Agreement shall terminate as of the date such litigation is filed. In

   187 addition, if Recipient institutes patent litigation against any entity

   188 (including a cross-claim or counterclaim in a lawsuit) alleging that the Program

   189 itself (excluding combinations of the Program with other software or hardware)

   190 infringes such Recipient's patent(s), then such Recipient's rights granted under

   191 Section 2(b) shall terminate as of the date such litigation is filed.

   192 

   193 All Recipient's rights under this Agreement shall terminate if it fails to

   194 comply with any of the material terms or conditions of this Agreement and does

   195 not cure such failure in a reasonable period of time after becoming aware of

   196 such noncompliance. If all Recipient's rights under this Agreement terminate,

   197 Recipient agrees to cease use and distribution of the Program as soon as

   198 reasonably practicable. However, Recipient's obligations under this Agreement

   199 and any licenses granted by Recipient relating to the Program shall continue and

   200 survive.

   201 

   202 Everyone is permitted to copy and distribute copies of this Agreement, but in

   203 order to avoid inconsistency the Agreement is copyrighted and may only be

   204 modified in the following manner. The Agreement Steward reserves the right to

   205 publish new versions (including revisions) of this Agreement from time to time.

   206 No one other than the Agreement Steward has the right to modify this Agreement.

   207 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve

   208 as the Agreement Steward to a suitable separate entity. Each new version of the

   209 Agreement will be given a distinguishing version number. The Program (including

   210 Contributions) may always be distributed subject to the version of the Agreement

   211 under which it was received. In addition, after a new version of the Agreement

   212 is published, Contributor may elect to distribute the Program (including its

   213 Contributions) under the new version. Except as expressly stated in Sections

   214 2(a) and 2(b) above, Recipient receives no rights or licenses to the

   215 intellectual property of any Contributor under this Agreement, whether

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

   217 expressly granted under this Agreement are reserved.

   218 

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

   220 intellectual property laws of the United States of America. No party to this

   221 Agreement will bring a legal action under this Agreement more than one year

   222 after the cause of action arose. Each party waives its rights to a jury trial in

   223 any resulting litigation.

   224 

   225