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