path: root/licenses/IBM

IBM Public License Version 1.0

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

1. DEFINITIONS

"Contribution" means:

a) in the case of International Business Machines Corporation ("IBM"),
   the Original Program, and

b) in the case of each Contributor,

i) changes to the Program, and

ii) additions to the Program;

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.

"Contributor" means IBM and any other entity that distributes the Program.

"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.

"Original Program" means the original version of the software accompanying
this Agreement as released by IBM, including source code, object code and
documentation, if any.

"Program" means the Original Program and Contributions.

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

2. GRANT OF RIGHTS

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.

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.

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.

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.

3. REQUIREMENTS

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

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

b) its license agreement:

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;

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

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

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.

When the Program is made available in source code form:

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

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

Each Contributor must include the following in a conspicuous location in
the Program:

Copyright � {date here}, International Business Machines Corporation and
others. All Rights Reserved.

In addition, 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.

4. COMMERCIAL DISTRIBUTION

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.

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.

5. NO WARRANTY

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.

6. DISCLAIMER OF LIABILITY

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.

7. GENERAL

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.

If Recipient institutes patent litigation against a Contributor with
respect to a patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that
Contributor to such Recipient under this Agreement shall terminate as of
the date such litigation is filed. In addition, If Recipient institutes
patent litigation against any entity (including a cross-claim or
counterclaim in a lawsuit) alleging that the Program itself (excluding
combinations of the Program with other software or hardware) infringes such
Recipient's patent(s), then such Recipient's rights granted under Section
2(b) shall terminate as of the date such litigation is filed.

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.

IBM may publish new versions (including revisions) of this Agreement from
time to time. 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. No one other than IBM has the right
to modify this Agreement. 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.

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.