components/ksh93/ksh93.license
changeset 1781 d7603a31fdd3
parent 789 5f074ca23733
child 1880 81383f75d370
equal deleted inserted replaced
1780:754a65270832 1781:d7603a31fdd3
     1 Common Public License Version 1.0
     1 1. The following files are available in source code form under the Common
     2 [OSI Approved License]
     2 Public License at: http://www2.research.att.com/~astopen/download. (The CPL
       
     3 license is reproduced below).
     3 
     4 
     4 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
     5 2. All past Contributors to the Korn Shell 93 (ksh 93) disclaim all warranties
     5 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
     6 and conditions, express and implied, including warranties or conditions of
     6 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
     7 title and non-infringement, and implied warranties or conditions of
       
     8 merchantability and fitness for a particular purpose. In addition, such
       
     9 Contributors are not liable for any damages, including direct, indirect,
       
    10 special, incidental and consequential damages, such as lost profits.
     7 
    11 
     8 1. DEFINITIONS
    12 3. Any provisions of the Oracle license agreement that differ from the Common
       
    13 Public License are offered by Oracle alone and not by any other party.
     9 
    14 
    10 "Contribution" means:
    15 4. Oracle has modified the following files: lib/package/ast-base.pkg
       
    16 src/cmd/alias/alias.c src/cmd/alias/alias.h src/cmd/alias/Makefile
       
    17 src/cmd/builtin/asa.c src/cmd/INIT/cc.sol11.i386 src/cmd/INIT/cc.sol11.i386-64
       
    18 src/cmd/INIT/cc.sol11.sun4 src/cmd/INIT/cc.sol11.sun4-64
       
    19 src/cmd/INIT/regress.sh src/cmd/ksh93/bltins/cd_pwd.c
       
    20 src/cmd/ksh93/bltins/typeset.c src/cmd/ksh93/data/builtins.c
       
    21 src/cmd/ksh93/edit/edit.c src/cmd/ksh93/include/defs.h
       
    22 src/cmd/ksh93/include/edit.h src/cmd/ksh93/include/io.h
       
    23 src/cmd/ksh93/include/ulimit.h src/cmd/ksh93/Makefile src/cmd/ksh93/sh/args.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/lex.c src/cmd/ksh93/sh/macro.c src/cmd/ksh93/sh/main.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/nvtype.c src/cmd/ksh93/sh/path.c src/cmd/ksh93/sh/subshell.c
       
    28 src/cmd/ksh93/sh/xec.c src/cmd/ss/ssd.c src/lib/libast/comp/mkdir.c
       
    29 src/lib/libast/comp/rmdir.c src/lib/libast/comp/setlocale.c
       
    30 src/lib/libast/port/astconf.c src/lib/libast/port/mnt.c
       
    31 src/lib/libast/sfio/sfmode.c src/lib/libast/sfio/sfstrtof.h
       
    32 src/lib/libcmd/cmp.c src/lib/libcmd/wclib.c
    11 
    33 
    12 a) in the case of the initial Contributor, the initial code and
    34 5. These files are licensed in executable form under your Oracle license
    13 documentation distributed under this Agreement, and
    35 agreement. Oracle is solely responsible for any representations and warranties
       
    36 contained therein.
    14 
    37 
    15 b) in the case of each subsequent Contributor:
    38 6. Reproduce the CPL as follows:
    16 
    39 
    17 i) changes to the Program, and
       
    18 
    40 
    19 ii) additions to the Program;
    41 Common Public License - v 1.0 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE
    20 
    42 TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
    21 where such changes and/or additions to the Program originate from and are
    43 DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
    22 distributed by that particular Contributor. A Contribution 'originates' from a
    44 AGREEMENT.  1. DEFINITIONS "Contribution" means: a) in the case of the initial
    23 Contributor if it was added to the Program by such Contributor itself or anyone
    45 Contributor, the initial code and documentation distributed under this
    24 acting on such Contributor's behalf. Contributions do not include additions to
    46 Agreement, and b) in the case of each subsequent Contributor: i) changes to the
    25 the Program which: (i) are separate modules of software distributed in
    47 Program, and ii) additions to the Program; where such changes and/or additions
    26 conjunction with the Program under their own license agreement, and (ii) are not
    48 to the Program originate from and are distributed by that particular
    27 derivative works of the Program.
    49 Contributor. A Contribution 'originates' from a Contributor if it was added to
    28 
    50 the Program by such Contributor itself or anyone acting on such Contributor's
       
    51 behalf. Contributions do not include additions to the Program which: (i) are
       
    52 separate modules of software distributed in conjunction with the Program under
       
    53 their own license agreement, and (ii) are not derivative works of the Program.
    29 "Contributor" means any person or entity that distributes the Program.
    54 "Contributor" means any person or entity that distributes the Program.
    30 
       
    31 "Licensed Patents " mean patent claims licensable by a Contributor which are
    55 "Licensed Patents " mean patent claims licensable by a Contributor which are
    32 necessarily infringed by the use or sale of its Contribution alone or when
    56 necessarily infringed by the use or sale of its Contribution alone or when
    33 combined with the Program.
    57 combined with the Program.  "Program" means the Contributions distributed in
    34 
    58 accordance with this Agreement.  "Recipient" means anyone who receives the
    35 "Program" means the Contributions distributed in accordance with this Agreement.
    59 Program under this Agreement, including all Contributors.  2. GRANT OF RIGHTS
    36 
    60 a) Subject to the terms of this Agreement, each Contributor hereby grants
    37 "Recipient" means anyone who receives the Program under this Agreement,
    61 Recipient a non-exclusive, worldwide, royalty-free copyright license to
    38 	including all Contributors.
    62 reproduce, prepare derivative works of, publicly display, publicly perform,
    39 
    63 distribute and sublicense the Contribution of such Contributor, if any, and
    40 	2. GRANT OF RIGHTS
    64 such derivative works, in source code and object code form.  b) Subject to the
    41 
    65 terms of this Agreement, each Contributor hereby grants Recipient a
    42 	a) Subject to the terms of this Agreement, each Contributor hereby grants
    66 non-exclusive, worldwide, royalty-free patent license under Licensed Patents to
    43 	Recipient a non-exclusive, worldwide, royalty-free copyright license to
    67 make, use, sell, offer to sell, import and otherwise transfer the Contribution
    44 	reproduce, prepare derivative works of, publicly display, publicly perform,
    68 of such Contributor, if any, in source code and object code form. This patent
    45 	distribute and sublicense the Contribution of such Contributor, if any, and such
    69 license shall apply to the combination of the Contribution and the Program if,
    46 	derivative works, in source code and object code form.
    70 at the time the Contribution is added by the Contributor, such addition of the
    47 
    71 Contribution causes such combination to be covered by the Licensed Patents. The
    48 	b) Subject to the terms of this Agreement, each Contributor hereby grants
    72 patent license shall not apply to any other combinations which include the
    49 	Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
    73 Contribution. No hardware per se is licensed hereunder.  c) Recipient
    50 	Patents to make, use, sell, offer to sell, import and otherwise transfer the
    74 understands that although each Contributor grants the licenses to its
    51 	Contribution of such Contributor, if any, in source code and object code form.
    75 Contributions set forth herein, no assurances are provided by any Contributor
    52 	This patent license shall apply to the combination of the Contribution and the
    76 that the Program does not infringe the patent or other intellectual property
    53 	Program if, at the time the Contribution is added by the Contributor, such
    77 rights of any other entity. Each Contributor disclaims any liability to
    54 	addition of the Contribution causes such combination to be covered by the
    78 Recipient for claims brought by any other entity based on infringement of
    55 	Licensed Patents. The patent license shall not apply to any other combinations
    79 intellectual property rights or otherwise. As a condition to exercising the
    56 	which include the Contribution. No hardware per se is licensed hereunder.
    80 rights and licenses granted hereunder, each Recipient hereby assumes sole
    57 
    81 responsibility to secure any other intellectual property rights needed, if any.
    58 	c) Recipient understands that although each Contributor grants the licenses
    82 For example, if a third party patent license is required to allow Recipient to
    59 	to its Contributions set forth herein, no assurances are provided by any
    83 distribute the Program, it is Recipient's responsibility to acquire that
    60 	Contributor that the Program does not infringe the patent or other intellectual
    84 license before distributing the Program.  d) Each Contributor represents that
    61 	property rights of any other entity. Each Contributor disclaims any liability to
    85 to its knowledge it has sufficient copyright rights in its Contribution, if
    62 	Recipient for claims brought by any other entity based on infringement of
    86 any, to grant the copyright license set forth in this Agreement.  3.
    63 	intellectual property rights or otherwise. As a condition to exercising the
    87 REQUIREMENTS A Contributor may choose to distribute the Program in object code
    64 	rights and licenses granted hereunder, each Recipient hereby assumes sole
    88 form under its own license agreement, provided that: a) it complies with the
    65 	responsibility to secure any other intellectual property rights needed, if any.
    89 terms and conditions of this Agreement; and b) its license agreement: i)
    66 	For example, if a third party patent license is required to allow Recipient to
    90 effectively disclaims on behalf of all Contributors all warranties and
    67 	distribute the Program, it is Recipient's responsibility to acquire that license
    91 conditions, express and implied, including warranties or conditions of title
    68 	before distributing the Program.
    92 and non-infringement, and implied warranties or conditions of merchantability
    69 
    93 and fitness for a particular purpose; ii) effectively excludes on behalf of all
    70 	d) Each Contributor represents that to its knowledge it has sufficient
    94 Contributors all liability for damages, including direct, indirect, special,
    71 	copyright rights in its Contribution, if any, to grant the copyright license set
    95 incidental and consequential damages, such as lost profits; iii) states that
    72 	forth in this Agreement.
    96 any provisions which differ from this Agreement are offered by that Contributor
    73 
    97 alone and not by any other party; and iv) states that source code for the
    74 	3. REQUIREMENTS
    98 Program is available from such Contributor, and informs licensees how to obtain
    75 
    99 it in a reasonable manner on or through a medium customarily used for software
    76 	A Contributor may choose to distribute the Program in object code form under its
   100 exchange.  When the Program is made available in source code form: a) it must
    77 	own license agreement, provided that:
   101 be made available under this Agreement; and b) a copy of this Agreement must be
    78 
   102 included with each copy of the Program.  Contributors may not remove or alter
    79 	a) it complies with the terms and conditions of this Agreement; and
   103 any copyright notices contained within the Program.  Each Contributor must
    80 
   104 identify itself as the originator of its Contribution, if any, in a manner that
    81 	b) its license agreement:
   105 reasonably allows subsequent Recipients to identify the originator of the
    82 
   106 Contribution.  4. COMMERCIAL DISTRIBUTION Commercial distributors of software
    83 	i) effectively disclaims on behalf of all Contributors all warranties and
   107 may accept certain responsibilities with respect to end users, business
    84 	conditions, express and implied, including warranties or conditions of title and
   108 partners and the like. While this license is intended to facilitate the
    85 	non-infringement, and implied warranties or conditions of merchantability and
   109 commercial use of the Program, the Contributor who includes the Program in a
    86 	fitness for a particular purpose;
   110 commercial product offering should do so in a manner which does not create
    87 
   111 potential liability for other Contributors. Therefore, if a Contributor
    88 	ii) effectively excludes on behalf of all Contributors all liability for
   112 includes the Program in a commercial product offering, such Contributor
    89 	damages, including direct, indirect, special, incidental and consequential
   113 ("Commercial Contributor") hereby agrees to defend and indemnify every other
    90 	damages, such as lost profits;
   114 Contributor ("Indemnified Contributor") against any losses, damages and costs
    91 
   115 (collectively "Losses") arising from claims, lawsuits and other legal actions
    92 	iii) states that any provisions which differ from this Agreement are offered
   116 brought by a third party against the Indemnified Contributor to the extent
    93 	by that Contributor alone and not by any other party; and
   117 caused by the acts or omissions of such Commercial Contributor in connection
    94 
   118 with its distribution of the Program in a commercial product offering. The
    95 	iv) states that source code for the Program is available from such
   119 obligations in this section do not apply to any claims or Losses relating to
    96 	Contributor, and informs licensees how to obtain it in a reasonable manner on or
   120 any actual or alleged intellectual property infringement. In order to qualify,
    97 	through a medium customarily used for software exchange.
   121 an Indemnified Contributor must: a) promptly notify the Commercial Contributor
    98 
   122 in writing of such claim, and b) allow the Commercial Contributor to control,
    99 	When the Program is made available in source code form:
   123 and cooperate with the Commercial Contributor in, the defense and any related
   100 
   124 settlement negotiations. The Indemnified Contributor may participate in any
   101 	a) it must be made available under this Agreement; and
   125 such claim at its own expense.  For example, a Contributor might include the
   102 
   126 Program in a commercial product offering, Product X. That Contributor is then a
   103 	b) a copy of this Agreement must be included with each copy of the Program.
   127 Commercial Contributor. If that Commercial Contributor then makes performance
   104 
   128 claims, or offers warranties related to Product X, those performance claims and
   105 	Contributors may not remove or alter any copyright notices contained within the
   129 warranties are such Commercial Contributor's responsibility alone. Under this
   106 	Program.
   130 section, the Commercial Contributor would have to defend claims against the
   107 
   131 other Contributors related to those performance claims and warranties, and if a
   108 	Each Contributor must identify itself as the originator of its Contribution, if
   132 court requires any other Contributor to pay any damages as a result, the
   109 	any, in a manner that reasonably allows subsequent Recipients to identify the
   133 Commercial Contributor must pay those damages.  5. NO WARRANTY EXCEPT AS
   110 	originator of the Contribution.
   134 EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS"
   111 
   135 BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED
   112 	4. COMMERCIAL DISTRIBUTION
   136 INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
   113 
   137 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
   114 	Commercial distributors of software may accept certain responsibilities with
   138 Recipient is solely responsible for determining the appropriateness of using
   115 	respect to end users, business partners and the like. While this license is
   139 and distributing the Program and assumes all risks associated with its exercise
   116 	intended to facilitate the commercial use of the Program, the Contributor who
   140 of rights under this Agreement, including but not limited to the risks and
   117 	includes the Program in a commercial product offering should do so in a manner
   141 costs of program errors, compliance with applicable laws, damage to or loss of
   118 	which does not create potential liability for other Contributors. Therefore, if
   142 data, programs or equipment, and unavailability or interruption of operations.
   119 	a Contributor includes the Program in a commercial product offering, such
   143 6. DISCLAIMER OF LIABILITY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
   120 	Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
   144 NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
   121 	every other Contributor ("Indemnified Contributor") against any losses, damages
   145 INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
   122 	and costs (collectively "Losses") arising from claims, lawsuits and other legal
   146 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
   123 	actions brought by a third party against the Indemnified Contributor to the
   147 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
   124 	extent caused by the acts or omissions of such Commercial Contributor in
   148 OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM
   125 	connection with its distribution of the Program in a commercial product
   149 OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
   126 	offering. The obligations in this section do not apply to any claims or Losses
   150 POSSIBILITY OF SUCH DAMAGES.  7. GENERAL If any provision of this Agreement is
   127 	relating to any actual or alleged intellectual property infringement. In order
   151 invalid or unenforceable under applicable law, it shall not affect the validity
   128 	to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
   152 or enforceability of the remainder of the terms of this Agreement, and without
   129 	Contributor in writing of such claim, and b) allow the Commercial Contributor to
   153 further action by the parties hereto, such provision shall be reformed to the
   130 	control, and cooperate with the Commercial Contributor in, the defense and any
   154 minimum extent necessary to make such provision valid and enforceable.  If
   131 	related settlement negotiations. The Indemnified Contributor may participate in
   155 Recipient institutes patent litigation against a Contributor with respect to a
   132 	any such claim at its own expense.
   156 patent applicable to software (including a cross-claim or counterclaim in a
   133 
   157 lawsuit), then any patent licenses granted by that Contributor to such
   134 	For example, a Contributor might include the Program in a commercial product
   158 Recipient under this Agreement shall terminate as of the date such litigation
   135 	offering, Product X. That Contributor is then a Commercial Contributor. If that
   159 is filed. In addition, if Recipient institutes patent litigation against any
   136 	Commercial Contributor then makes performance claims, or offers warranties
   160 entity (including a cross-claim or counterclaim in a lawsuit) alleging that the
   137 	related to Product X, those performance claims and warranties are such
   161 Program itself (excluding combinations of the Program with other software or
   138 	Commercial Contributor's responsibility alone. Under this section, the
   162 hardware) infringes such Recipient's patent(s), then such Recipient's rights
   139 	Commercial Contributor would have to defend claims against the other
   163 granted under Section 2(b) shall terminate as of the date such litigation is
   140 	Contributors related to those performance claims and warranties, and if a court
   164 filed.  All Recipient's rights under this Agreement shall terminate if it fails
   141 	requires any other Contributor to pay any damages as a result, the Commercial
   165 to comply with any of the material terms or conditions of this Agreement and
   142 	Contributor must pay those damages.
   166 does not cure such failure in a reasonable period of time after becoming aware
   143 
   167 of such noncompliance. If all Recipient's rights under this Agreement
   144 	5. NO WARRANTY
   168 terminate, Recipient agrees to cease use and distribution of the Program as
   145 
   169 soon as reasonably practicable. However, Recipient's obligations under this
   146 	EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
   170 Agreement and any licenses granted by Recipient relating to the Program shall
   147 	"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
   171 continue and survive.  Everyone is permitted to copy and distribute copies of
   148 	IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
   172 this Agreement, but in order to avoid inconsistency the Agreement is
   149 	NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
   173 copyrighted and may only be modified in the following manner. The Agreement
   150 	Recipient is solely responsible for determining the appropriateness of using and
   174 Steward reserves the right to publish new versions (including revisions) of
   151 	distributing the Program and assumes all risks associated with its exercise of
   175 this Agreement from time to time. No one other than the Agreement Steward has
   152 	rights under this Agreement, including but not limited to the risks and costs of
   176 the right to modify this Agreement. IBM is the initial Agreement Steward. IBM
   153 	program errors, compliance with applicable laws, damage to or loss of data,
   177 may assign the responsibility to serve as the Agreement Steward to a suitable
   154 	programs or equipment, and unavailability or interruption of operations.
   178 separate entity. Each new version of the Agreement will be given a
   155 
   179 distinguishing version number. The Program (including Contributions) may always
   156 	6. DISCLAIMER OF LIABILITY
   180 be distributed subject to the version of the Agreement under which it was
   157 
   181 received. In addition, after a new version of the Agreement is published,
   158 	EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
   182 Contributor may elect to distribute the Program (including its Contributions)
   159 	CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
   183 under the new version. Except as expressly stated in Sections 2(a) and 2(b)
   160 	SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
   184 above, Recipient receives no rights or licenses to the intellectual property of
   161 												  PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
   185 any Contributor under this Agreement, whether expressly, by implication,
   162 	STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
   186 estoppel or otherwise. All rights in the Program not expressly granted under
   163 	OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
   187 this Agreement are reserved.  This Agreement is governed by the laws of the
   164 	GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   188 State of New York and the intellectual property laws of the United States of
   165 
   189 America. No party to this Agreement will bring a legal action under this
   166 	7. GENERAL
   190 Agreement more than one year after the cause of action arose. Each party waives
   167 
   191 its rights to a jury trial in any resulting litigation.
   168 	If any provision of this Agreement is invalid or unenforceable under applicable
       
   169 	law, it shall not affect the validity or enforceability of the remainder of the
       
   170 	terms of this Agreement, and without further action by the parties hereto, such
       
   171 	provision shall be reformed to the minimum extent necessary to make such
       
   172 	provision valid and enforceable.
       
   173 
       
   174 	If Recipient institutes patent litigation against a Contributor with respect to
       
   175 	a patent applicable to software (including a cross-claim or counterclaim in a
       
   176 									 lawsuit), then any patent licenses granted by that Contributor to such Recipient
       
   177 	under this Agreement shall terminate as of the date such litigation is filed. In
       
   178 	addition, if Recipient institutes patent litigation against any entity
       
   179 	(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
       
   180 	itself (excluding combinations of the Program with other software or hardware)
       
   181 infringes such Recipient's patent(s), then such Recipient's rights granted under
       
   182 Section 2(b) shall terminate as of the date such litigation is filed.
       
   183 
       
   184 All Recipient's rights under this Agreement shall terminate if it fails to
       
   185 comply with any of the material terms or conditions of this Agreement and does
       
   186 not cure such failure in a reasonable period of time after becoming aware of
       
   187 such noncompliance. If all Recipient's rights under this Agreement terminate,
       
   188 	 Recipient agrees to cease use and distribution of the Program as soon as
       
   189 	 reasonably practicable. However, Recipient's obligations under this Agreement
       
   190 	 and any licenses granted by Recipient relating to the Program shall continue and
       
   191 	 survive.
       
   192 
       
   193 	 Everyone is permitted to copy and distribute copies of this Agreement, but in
       
   194 	 order to avoid inconsistency the Agreement is copyrighted and may only be
       
   195 	 modified in the following manner. The Agreement Steward reserves the right to
       
   196 	 publish new versions (including revisions) of this Agreement from time to time.
       
   197 	 No one other than the Agreement Steward has the right to modify this Agreement.
       
   198 	 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
       
   199 	 as the Agreement Steward to a suitable separate entity. Each new version of the
       
   200 	 Agreement will be given a distinguishing version number. The Program (including
       
   201 																		   Contributions) may always be distributed subject to the version of the Agreement
       
   202 	 under which it was received. In addition, after a new version of the Agreement
       
   203 	 is published, Contributor may elect to distribute the Program (including its
       
   204 																	Contributions) under the new version. Except as expressly stated in Sections
       
   205 	 2(a) and 2(b) above, Recipient receives no rights or licenses to the
       
   206 	 intellectual property of any Contributor under this Agreement, whether
       
   207 	 expressly, by implication, estoppel or otherwise. All rights in the Program not
       
   208 	 expressly granted under this Agreement are reserved.
       
   209 
       
   210 	 This Agreement is governed by the laws of the State of New York and the
       
   211 	 intellectual property laws of the United States of America. No party to this
       
   212 	 Agreement will bring a legal action under this Agreement more than one year
       
   213 	 after the cause of action arose. Each party waives its rights to a jury trial in
       
   214 	 any resulting litigation.
       
   215