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| 1 | +This software is Copyright (C) 2002, 2003 University of Massachusetts |
| 2 | +Amherst, Department of Computer Science, and is licensed under the |
| 3 | +terms of the Common Public License, Version 1.0 or (at your option) |
| 4 | +any subsequent version. |
| 5 | + |
| 6 | +The license is approved by the Open Source Initiative, and is available |
| 7 | +from their website at http://www.opensource.org. |
| 8 | + |
| 9 | +===================== |
| 10 | + |
| 11 | +Common Public License Version 1.0 |
| 12 | + |
| 13 | +THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON |
| 14 | +PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF |
| 15 | +THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
| 16 | + |
| 17 | +1. DEFINITIONS |
| 18 | + |
| 19 | +"Contribution" means: |
| 20 | + |
| 21 | +a) in the case of the initial Contributor, the initial code and |
| 22 | +documentation distributed under this Agreement, and |
| 23 | + |
| 24 | +b) in the case of each subsequent Contributor: |
| 25 | + |
| 26 | +i) changes to the Program, and |
| 27 | + |
| 28 | +ii) additions to the Program; |
| 29 | + |
| 30 | +where such changes and/or additions to the Program originate from and |
| 31 | +are distributed by that particular Contributor. A Contribution |
| 32 | +'originates' from a Contributor if it was added to the Program by such |
| 33 | +Contributor itself or anyone acting on such Contributor's |
| 34 | +behalf. Contributions do not include additions to the Program which: |
| 35 | +(i) are separate modules of software distributed in conjunction with |
| 36 | +the Program under their own license agreement, and (ii) are not |
| 37 | +derivative works of the Program. |
| 38 | + |
| 39 | +"Contributor" means any person or entity that distributes the Program. |
| 40 | + |
| 41 | +"Licensed Patents " mean patent claims licensable by a Contributor |
| 42 | +which are necessarily infringed by the use or sale of its Contribution |
| 43 | +alone or when combined with the Program. |
| 44 | + |
| 45 | +"Program" means the Contributions distributed in accordance with this |
| 46 | +Agreement. |
| 47 | + |
| 48 | +"Recipient" means anyone who receives the Program under this |
| 49 | +Agreement, including all Contributors. |
| 50 | + |
| 51 | +2. GRANT OF RIGHTS |
| 52 | + |
| 53 | +a) Subject to the terms of this Agreement, each Contributor hereby |
| 54 | +grants Recipient a non-exclusive, worldwide, royalty-free copyright |
| 55 | +license to reproduce, prepare derivative works of, publicly display, |
| 56 | +publicly perform, distribute and sublicense the Contribution of such |
| 57 | +Contributor, if any, and such derivative works, in source code and |
| 58 | +object code form. |
| 59 | + |
| 60 | +b) Subject to the terms of this Agreement, each Contributor hereby |
| 61 | +grants Recipient a non-exclusive, worldwide, royalty-free patent |
| 62 | +license under Licensed Patents to make, use, sell, offer to sell, |
| 63 | +import and otherwise transfer the Contribution of such Contributor, if |
| 64 | +any, in source code and object code form. This patent license shall |
| 65 | +apply to the combination of the Contribution and the Program if, at |
| 66 | +the time the Contribution is added by the Contributor, such addition |
| 67 | +of the Contribution causes such combination to be covered by the |
| 68 | +Licensed Patents. The patent license shall not apply to any other |
| 69 | +combinations which include the Contribution. No hardware per se is |
| 70 | +licensed hereunder. |
| 71 | + |
| 72 | +c) Recipient understands that although each Contributor grants the |
| 73 | +licenses to its Contributions set forth herein, no assurances are |
| 74 | +provided by any Contributor that the Program does not infringe the |
| 75 | +patent or other intellectual property rights of any other entity. Each |
| 76 | +Contributor disclaims any liability to Recipient for claims brought by |
| 77 | +any other entity based on infringement of intellectual property rights |
| 78 | +or otherwise. As a condition to exercising the rights and licenses |
| 79 | +granted hereunder, each Recipient hereby assumes sole responsibility |
| 80 | +to secure any other intellectual property rights needed, if any. For |
| 81 | +example, if a third party patent license is required to allow |
| 82 | +Recipient to distribute the Program, it is Recipient's responsibility |
| 83 | +to acquire that license before distributing the Program. |
| 84 | + |
| 85 | +d) Each Contributor represents that to its knowledge it has sufficient |
| 86 | +copyright rights in its Contribution, if any, to grant the copyright |
| 87 | +license set forth in this Agreement. |
| 88 | + |
| 89 | +3. REQUIREMENTS |
| 90 | + |
| 91 | +A Contributor may choose to distribute the Program in object code form |
| 92 | +under its own license agreement, provided that: |
| 93 | + |
| 94 | +a) it complies with the terms and conditions of this Agreement; and |
| 95 | + |
| 96 | +b) its license agreement: |
| 97 | + |
| 98 | +i) effectively disclaims on behalf of all Contributors all warranties |
| 99 | +and conditions, express and implied, including warranties or |
| 100 | +conditions of title and non-infringement, and implied warranties or |
| 101 | +conditions of merchantability and fitness for a particular purpose; |
| 102 | + |
| 103 | +ii) effectively excludes on behalf of all Contributors all liability |
| 104 | +for damages, including direct, indirect, special, incidental and |
| 105 | +consequential damages, such as lost profits; |
| 106 | + |
| 107 | +iii) states that any provisions which differ from this Agreement are |
| 108 | +offered by that Contributor alone and not by any other party; and |
| 109 | + |
| 110 | +iv) states that source code for the Program is available from such |
| 111 | +Contributor, and informs licensees how to obtain it in a reasonable |
| 112 | +manner on or through a medium customarily used for software exchange. |
| 113 | + |
| 114 | +When the Program is made available in source code form: |
| 115 | + |
| 116 | +a) it must be made available under this Agreement; and |
| 117 | + |
| 118 | +b) a copy of this Agreement must be included with each copy of the |
| 119 | +Program. |
| 120 | + |
| 121 | +Contributors may not remove or alter any copyright notices contained |
| 122 | +within the Program. |
| 123 | + |
| 124 | +Each Contributor must identify itself as the originator of its |
| 125 | +Contribution, if any, in a manner that reasonably allows subsequent |
| 126 | +Recipients to identify the originator of the Contribution. |
| 127 | + |
| 128 | +4. COMMERCIAL DISTRIBUTION |
| 129 | + |
| 130 | +Commercial distributors of software may accept certain |
| 131 | +responsibilities with respect to end users, business partners and the |
| 132 | +like. While this license is intended to facilitate the commercial use |
| 133 | +of the Program, the Contributor who includes the Program in a |
| 134 | +commercial product offering should do so in a manner which does not |
| 135 | +create potential liability for other Contributors. Therefore, if a |
| 136 | +Contributor includes the Program in a commercial product offering, |
| 137 | +such Contributor ("Commercial Contributor") hereby agrees to defend |
| 138 | +and indemnify every other Contributor ("Indemnified Contributor") |
| 139 | +against any losses, damages and costs (collectively "Losses") arising |
| 140 | +from claims, lawsuits and other legal actions brought by a third party |
| 141 | +against the Indemnified Contributor to the extent caused by the acts |
| 142 | +or omissions of such Commercial Contributor in connection with its |
| 143 | +distribution of the Program in a commercial product offering. The |
| 144 | +obligations in this section do not apply to any claims or Losses |
| 145 | +relating to any actual or alleged intellectual property |
| 146 | +infringement. In order to qualify, an Indemnified Contributor must: a) |
| 147 | +promptly notify the Commercial Contributor in writing of such claim, |
| 148 | +and b) allow the Commercial Contributor to control, and cooperate with |
| 149 | +the Commercial Contributor in, the defense and any related settlement |
| 150 | +negotiations. The Indemnified Contributor may participate in any such |
| 151 | +claim at its own expense. |
| 152 | + |
| 153 | +For example, a Contributor might include the Program in a commercial |
| 154 | +product offering, Product X. That Contributor is then a Commercial |
| 155 | +Contributor. If that Commercial Contributor then makes performance |
| 156 | +claims, or offers warranties related to Product X, those performance |
| 157 | +claims and warranties are such Commercial Contributor's responsibility |
| 158 | +alone. Under this section, the Commercial Contributor would have to |
| 159 | +defend claims against the other Contributors related to those |
| 160 | +performance claims and warranties, and if a court requires any other |
| 161 | +Contributor to pay any damages as a result, the Commercial Contributor |
| 162 | +must pay those damages. |
| 163 | + |
| 164 | +5. NO WARRANTY |
| 165 | + |
| 166 | +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS |
| 167 | +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY |
| 168 | +KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY |
| 169 | +WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY |
| 170 | +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely |
| 171 | +responsible for determining the appropriateness of using and |
| 172 | +distributing the Program and assumes all risks associated with its |
| 173 | +exercise of rights under this Agreement, including but not limited to |
| 174 | +the risks and costs of program errors, compliance with applicable |
| 175 | +laws, damage to or loss of data, programs or equipment, and |
| 176 | +unavailability or interruption of operations. |
| 177 | + |
| 178 | +6. DISCLAIMER OF LIABILITY |
| 179 | + |
| 180 | +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR |
| 181 | +ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, |
| 182 | +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
| 183 | +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF |
| 184 | +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
| 185 | +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR |
| 186 | +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED |
| 187 | +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 188 | + |
| 189 | +7. GENERAL |
| 190 | + |
| 191 | +If any provision of this Agreement is invalid or unenforceable under |
| 192 | +applicable law, it shall not affect the validity or enforceability of |
| 193 | +the remainder of the terms of this Agreement, and without further |
| 194 | +action by the parties hereto, such provision shall be reformed to the |
| 195 | +minimum extent necessary to make such provision valid and enforceable. |
| 196 | + |
| 197 | +If Recipient institutes patent litigation against a Contributor with |
| 198 | +respect to a patent applicable to software (including a cross-claim or |
| 199 | +counterclaim in a lawsuit), then any patent licenses granted by that |
| 200 | +Contributor to such Recipient under this Agreement shall terminate as |
| 201 | +of the date such litigation is filed. In addition, if Recipient |
| 202 | +institutes patent litigation against any entity (including a |
| 203 | +cross-claim or counterclaim in a lawsuit) alleging that the Program |
| 204 | +itself (excluding combinations of the Program with other software or |
| 205 | +hardware) infringes such Recipient's patent(s), then such Recipient's |
| 206 | +rights granted under Section 2(b) shall terminate as of the date such |
| 207 | +litigation is filed. |
| 208 | + |
| 209 | +All Recipient's rights under this Agreement shall terminate if it |
| 210 | +fails to comply with any of the material terms or conditions of this |
| 211 | +Agreement and does not cure such failure in a reasonable period of |
| 212 | +time after becoming aware of such noncompliance. If all Recipient's |
| 213 | +rights under this Agreement terminate, Recipient agrees to cease use |
| 214 | +and distribution of the Program as soon as reasonably |
| 215 | +practicable. However, Recipient's obligations under this Agreement and |
| 216 | +any licenses granted by Recipient relating to the Program shall |
| 217 | +continue and survive. |
| 218 | + |
| 219 | +Everyone is permitted to copy and distribute copies of this Agreement, |
| 220 | +but in order to avoid inconsistency the Agreement is copyrighted and |
| 221 | +may only be modified in the following manner. The Agreement Steward |
| 222 | +reserves the right to publish new versions (including revisions) of |
| 223 | +this Agreement from time to time. No one other than the Agreement |
| 224 | +Steward has the right to modify this Agreement. IBM is the initial |
| 225 | +Agreement Steward. IBM may assign the responsibility to serve as the |
| 226 | +Agreement Steward to a suitable separate entity. Each new version of |
| 227 | +the Agreement will be given a distinguishing version number. The |
| 228 | +Program (including Contributions) may always be distributed subject to |
| 229 | +the version of the Agreement under which it was received. In addition, |
| 230 | +after a new version of the Agreement is published, Contributor may |
| 231 | +elect to distribute the Program (including its Contributions) under |
| 232 | +the new version. Except as expressly stated in Sections 2(a) and 2(b) |
| 233 | +above, Recipient receives no rights or licenses to the intellectual |
| 234 | +property of any Contributor under this Agreement, whether expressly, |
| 235 | +by implication, estoppel or otherwise. All rights in the Program not |
| 236 | +expressly granted under this Agreement are reserved. |
| 237 | + |
| 238 | +This Agreement is governed by the laws of the State of New York and |
| 239 | +the intellectual property laws of the United States of America. No |
| 240 | +party to this Agreement will bring a legal action under this Agreement |
| 241 | +more than one year after the cause of action arose. Each party waives |
| 242 | +its rights to a jury trial in any resulting litigation. |
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