license.txt

Common Public License Version 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
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 the initial Contributor, the initial code and
     documentation distributed under this Agreement, and 

  b) in the case of each subsequent 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 any person or 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.

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

"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.  Contributors may not remove or alter any copyright
     notices contained within the Program.

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.
 
Everyone is permitted to copy and distribute copies of this Agreement,
but in order to avoid inconsistency the Agreement is copyrighted and
may only be modified in the following manner. The Agreement Steward
reserves the right to publish new versions (including revisions) of
this Agreement from time to time. No one other than the Agreement
Steward has the right to modify this Agreement. IBM is the initial
Agreement Steward. IBM may assign the responsibility to serve as the
Agreement Steward to a suitable separate entity. 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. 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.