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| 8 | +Open Source Initiative OSI - Common Public License Version 1.0:Licensing </title> |
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| 21 | +<h1>Common Public License Version 1.0</h1> |
| 22 | + |
| 23 | +<tt> |
| 24 | + |
| 25 | +<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC |
| 26 | + LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
| 27 | + CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. </p> |
| 28 | + |
| 29 | + |
| 30 | + |
| 31 | +<p><b>1. DEFINITIONS </b></p> |
| 32 | + |
| 33 | +<p>"Contribution" means:</p> |
| 34 | + |
| 35 | +<blockquote> |
| 36 | +<p>a) in the case of the initial Contributor, the initial code and documentation |
| 37 | + distributed under this Agreement, and </p> |
| 38 | +<p> |
| 39 | +b) in the case of each subsequent Contributor:</p> |
| 40 | +<p> |
| 41 | +i) changes to the Program, and</p> |
| 42 | +<p> |
| 43 | +ii) additions to the Program;</p> |
| 44 | + |
| 45 | +<p>where such changes and/or additions to the Program originate from and are |
| 46 | + distributed by that particular Contributor. A Contribution 'originates' from a |
| 47 | + Contributor if it was added to the Program by such Contributor itself or anyone |
| 48 | + acting on such Contributor's behalf. Contributions do not include additions to |
| 49 | + the Program which: (i) are separate modules of software distributed in |
| 50 | + conjunction with the Program under their own license agreement, and (ii) are |
| 51 | + not derivative works of the Program.</p> |
| 52 | +</blockquote> |
| 53 | + |
| 54 | + |
| 55 | + |
| 56 | +<p>"Contributor" means any person or entity that distributes the Program. </p> |
| 57 | + |
| 58 | + |
| 59 | + |
| 60 | +<p>"Licensed Patents " mean patent claims licensable by a Contributor which are |
| 61 | + necessarily infringed by the use or sale of its Contribution alone or when |
| 62 | + combined with the Program.</p> |
| 63 | + |
| 64 | + |
| 65 | + |
| 66 | +<p>"Program" means the Contributions distributed in accordance with this |
| 67 | + Agreement. </p> |
| 68 | + |
| 69 | + |
| 70 | + |
| 71 | +<p>"Recipient" means anyone who receives the Program under this Agreement, |
| 72 | + including all Contributors. </p> |
| 73 | + |
| 74 | + |
| 75 | + |
| 76 | +<p><b>2. GRANT OF RIGHTS</b></p> |
| 77 | + |
| 78 | +<blockquote> |
| 79 | +<p>a) Subject to the terms of this Agreement, each Contributor hereby grants |
| 80 | + Recipient a non-exclusive, worldwide, royalty-free copyright license to |
| 81 | + reproduce, prepare derivative works of, publicly display, publicly perform, |
| 82 | + distribute and sublicense the Contribution of such Contributor, if any, and |
| 83 | + such derivative works, in source code and object code form.</p> |
| 84 | +<p> |
| 85 | + |
| 86 | +b) Subject to the terms of this Agreement, each Contributor hereby grants |
| 87 | + Recipient a non-exclusive, worldwide, royalty-free patent license under |
| 88 | + Licensed Patents to make, use, sell, offer to sell, import and otherwise |
| 89 | + transfer the Contribution of such Contributor, if any, in source code and |
| 90 | + object code form. This patent license shall apply to the combination of the |
| 91 | + Contribution and the Program if, at the time the Contribution is added by the |
| 92 | + Contributor, such addition of the Contribution causes such combination to be |
| 93 | + covered by the Licensed Patents. The patent license shall not apply to any |
| 94 | + other combinations which include the Contribution. No hardware per se is |
| 95 | + licensed hereunder.</p> |
| 96 | + |
| 97 | +<p>c) Recipient understands that although each Contributor grants the licenses |
| 98 | + to its Contributions set forth herein, no assurances are provided by any |
| 99 | + Contributor that the Program does not infringe the patent or other intellectual |
| 100 | + property rights of any other entity. Each Contributor disclaims any liability |
| 101 | + to Recipient for claims brought by any other entity based on infringement of |
| 102 | + intellectual property rights or otherwise. As a condition to exercising the |
| 103 | + rights and licenses granted hereunder, each Recipient hereby assumes sole |
| 104 | + responsibility to secure any other intellectual property rights needed, if any. |
| 105 | + For example, if a third party patent license is required to allow Recipient to |
| 106 | + distribute the Program, it is Recipient's responsibility to acquire that |
| 107 | + license before distributing the Program.</p> |
| 108 | + |
| 109 | +<p>d) Each Contributor represents that to its knowledge it has sufficient |
| 110 | + copyright rights in its Contribution, if any, to grant the copyright license |
| 111 | + set forth in this Agreement.</p></blockquote> |
| 112 | + |
| 113 | + |
| 114 | +<p><strong>3. REQUIREMENTS</strong> </p> |
| 115 | + |
| 116 | +<p>A Contributor may choose to distribute the Program in object code form under |
| 117 | + its own license agreement, provided that: </p> |
| 118 | + |
| 119 | +<blockquote> |
| 120 | +<p>a) it complies with the terms and conditions of this Agreement; and</p> |
| 121 | +<p> |
| 122 | +b) its license agreement:</p> |
| 123 | + |
| 124 | +<p>i) effectively disclaims on behalf of all Contributors all warranties and |
| 125 | + conditions, express and implied, including warranties or conditions of title |
| 126 | + and non-infringement, and implied warranties or conditions of merchantability |
| 127 | + and fitness for a particular purpose; |
| 128 | +</p> |
| 129 | +<p>ii) effectively excludes on behalf of all Contributors all liability for |
| 130 | + damages, including direct, indirect, special, incidental and consequential |
| 131 | + damages, such as lost profits; |
| 132 | +</p> |
| 133 | +<p>iii) states that any provisions which differ from this Agreement are offered |
| 134 | + by that Contributor alone and not by any other party; and |
| 135 | +</p> |
| 136 | +<p>iv) states that source code for the Program is available from such |
| 137 | + Contributor, and informs licensees how to obtain it in a reasonable manner on |
| 138 | + or through a medium customarily used for software exchange. |
| 139 | +</p></blockquote> |
| 140 | + |
| 141 | +<p> |
| 142 | + |
| 143 | +When the Program is made available in source code form:</p> |
| 144 | +<blockquote><p> |
| 145 | + a) it must be made available under this Agreement; and</p> |
| 146 | + <p> |
| 147 | + b) a copy of this Agreement must be included with each copy of the Program. |
| 148 | +</p></blockquote> |
| 149 | + |
| 150 | + |
| 151 | +<p>Contributors may not remove or alter any copyright notices contained within |
| 152 | + the Program.</p> |
| 153 | + |
| 154 | + |
| 155 | + |
| 156 | + |
| 157 | + |
| 158 | +<p>Each Contributor must identify itself as the originator of its Contribution, |
| 159 | + if any, in a manner that reasonably allows subsequent Recipients to identify |
| 160 | + the originator of the Contribution. </p> |
| 161 | + |
| 162 | + |
| 163 | + |
| 164 | +<p><strong>4. COMMERCIAL DISTRIBUTION</strong> </p> |
| 165 | + |
| 166 | +<p>Commercial distributors of software may accept certain responsibilities with |
| 167 | + respect to end users, business partners and the like. While this license is |
| 168 | + intended to facilitate the commercial use of the Program, the Contributor who |
| 169 | + includes the Program in a commercial product offering should do so in a manner |
| 170 | + which does not create potential liability for other Contributors. Therefore, if |
| 171 | + a Contributor includes the Program in a commercial product offering, such |
| 172 | + Contributor ("Commercial Contributor") hereby agrees to defend and indemnify |
| 173 | + every other Contributor ("Indemnified Contributor") against any losses, damages |
| 174 | + and costs (collectively "Losses") arising from claims, lawsuits and other legal |
| 175 | + actions brought by a third party against the Indemnified Contributor to the |
| 176 | + extent caused by the acts or omissions of such Commercial Contributor in |
| 177 | + connection with its distribution of the Program in a commercial product |
| 178 | + offering. The obligations in this section do not apply to any claims or Losses |
| 179 | + relating to any actual or alleged intellectual property infringement. In order |
| 180 | + to qualify, an Indemnified Contributor must: a) promptly notify the Commercial |
| 181 | + Contributor in writing of such claim, and b) allow the Commercial Contributor |
| 182 | + to control, and cooperate with the Commercial Contributor in, the defense and |
| 183 | + any related settlement negotiations. The Indemnified Contributor may |
| 184 | + participate in any such claim at its own expense. |
| 185 | +</p> |
| 186 | + |
| 187 | + |
| 188 | +<p>For example, a Contributor might include the Program in a commercial product |
| 189 | + offering, Product X. That Contributor is then a Commercial Contributor. If that |
| 190 | + Commercial Contributor then makes performance claims, or offers warranties |
| 191 | + related to Product X, those performance claims and warranties are such |
| 192 | + Commercial Contributor's responsibility alone. Under this section, the |
| 193 | + Commercial Contributor would have to defend claims against the other |
| 194 | + Contributors related to those performance claims and warranties, and if a court |
| 195 | + requires any other Contributor to pay any damages as a result, the Commercial |
| 196 | + Contributor must pay those damages. |
| 197 | +</p> |
| 198 | + |
| 199 | +<p><strong>5. NO WARRANTY</strong></p> |
| 200 | + |
| 201 | +<p> |
| 202 | +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN |
| 203 | + "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
| 204 | + IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
| 205 | + NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each |
| 206 | + Recipient is solely responsible for determining the appropriateness of using |
| 207 | + and distributing the Program and assumes all risks associated with its exercise |
| 208 | + of rights under this Agreement, including but not limited to the risks and |
| 209 | + costs of program errors, compliance with applicable laws, damage to or loss of |
| 210 | + data, programs or equipment, and unavailability or interruption of operations. |
| 211 | + </p> |
| 212 | + |
| 213 | + |
| 214 | +<p><strong> |
| 215 | +6. DISCLAIMER OF LIABILITY </strong></p> |
| 216 | + |
| 217 | +<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
| 218 | + CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| 219 | + SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
| 220 | + PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
| 221 | + STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY |
| 222 | + WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
| 223 | + GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 224 | +</p> |
| 225 | + |
| 226 | +<p><strong>7. GENERAL</strong></p> |
| 227 | + |
| 228 | +<p>If any provision of this Agreement is invalid or unenforceable under |
| 229 | + applicable law, it shall not affect the validity or enforceability of the |
| 230 | + remainder of the terms of this Agreement, and without further action by the |
| 231 | + parties hereto, such provision shall be reformed to the minimum extent |
| 232 | + necessary to make such provision valid and enforceable. </p> |
| 233 | + |
| 234 | + |
| 235 | + |
| 236 | +<p>If Recipient institutes patent litigation against a Contributor with respect |
| 237 | + to a patent applicable to software (including a cross-claim or counterclaim in |
| 238 | + a lawsuit), then any patent licenses granted by that Contributor to such |
| 239 | + Recipient under this Agreement shall terminate as of the date such litigation |
| 240 | + is filed. In addition, if Recipient institutes patent litigation against any |
| 241 | + entity (including a cross-claim or counterclaim in a lawsuit) alleging that the |
| 242 | + Program itself (excluding combinations of the Program with other software or |
| 243 | + hardware) infringes such Recipient's patent(s), then such Recipient's rights |
| 244 | + granted under Section 2(b) shall terminate as of the date such litigation is |
| 245 | + filed.</p> |
| 246 | + |
| 247 | + |
| 248 | + |
| 249 | +<p>All Recipient's rights under this Agreement shall terminate if it fails to |
| 250 | + comply with any of the material terms or conditions of this Agreement and does |
| 251 | + not cure such failure in a reasonable period of time after becoming aware of |
| 252 | + such noncompliance. If all Recipient's rights under this Agreement terminate, |
| 253 | + Recipient agrees to cease use and distribution of the Program as soon as |
| 254 | + reasonably practicable. However, Recipient's obligations under this Agreement |
| 255 | + and any licenses granted by Recipient relating to the Program shall continue |
| 256 | + and survive. </p> |
| 257 | + |
| 258 | + |
| 259 | + |
| 260 | +<p>Everyone is permitted to copy and distribute copies of this Agreement, but in |
| 261 | + order to avoid inconsistency the Agreement is copyrighted and may only be |
| 262 | + modified in the following manner. The Agreement Steward reserves the right to |
| 263 | + publish new versions (including revisions) of this Agreement from time to time. |
| 264 | + No one other than the Agreement Steward has the right to modify this Agreement. |
| 265 | + IBM is the initial Agreement Steward. IBM may assign the responsibility to |
| 266 | + serve as the Agreement Steward to a suitable separate entity. Each new version |
| 267 | + of the Agreement will be given a distinguishing version number. The Program |
| 268 | + (including Contributions) may always be distributed subject to the version of |
| 269 | + the Agreement under which it was received. In addition, after a new version of |
| 270 | + the Agreement is published, Contributor may elect to distribute the Program |
| 271 | + (including its Contributions) under the new version. Except as expressly stated |
| 272 | + in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to |
| 273 | + the intellectual property of any Contributor under this Agreement, whether |
| 274 | + expressly, by implication, estoppel or otherwise. All rights in the Program not |
| 275 | + expressly granted under this Agreement are reserved. </p> |
| 276 | + |
| 277 | + |
| 278 | + |
| 279 | +<p>This Agreement is governed by the laws of the State of New York and the |
| 280 | + intellectual property laws of the United States of America. No party to this |
| 281 | + Agreement will bring a legal action under this Agreement more than one year |
| 282 | + after the cause of action arose. Each party waives its rights to a jury trial |
| 283 | + in any resulting litigation.</p> |
| 284 | + |
| 285 | + |
| 286 | + |
| 287 | +</tt> |
| 288 | + |
| 289 | + |
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