215 lines
11 KiB
Text
215 lines
11 KiB
Text
IBM Public License Version 1.0
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM
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PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
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OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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1. DEFINITIONS
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"Contribution" means:
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a. in the case of International Business Machines Corporation ("IBM"), the Original Program, and
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b. in the case of each Contributor,
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i. changes to the Program, and
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ii. additions to the Program;
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where such changes and/or additions to the Program originate from and
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are distributed by that particular Contributor. A Contribution
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'originates' from a Contributor if it was added to the Program by
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such Contributor itself or anyone acting on such Contributor's
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behalf. Contributions do not include additions to the Program which:
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(i) are separate modules of software distributed in conjunction with
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the Program under their own license agreement, and (ii) are not
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derivative works of the Program.
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"Contributor" means IBM and any other entity that distributes the Program.
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"Licensed Patents " mean patent claims licensable by a
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Contributor which are necessarily infringed by the use or sale of its
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Contribution alone or when combined with the Program.
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"Original Program" means the original version of the software
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accompanying this Agreement as released by IBM, including source
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code, object code and documentation, if any.
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"Program" means the Original Program and Contributions.
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"Recipient" means anyone who receives the Program under this
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Agreement, including all Contributors.
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2. GRANT OF RIGHTS
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a. Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free copyright
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license to reproduce, prepare derivative works of, publicly display,
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publicly perform, distribute and sublicense the Contribution of such
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Contributor, if any, and such derivative works, in source code and
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object code form.
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b. Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free patent
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license under Licensed Patents to make, use, sell, offer to sell,
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import and otherwise transfer the Contribution of such Contributor,
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if any, in source code and object code form. This patent license
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shall apply to the combination of the Contribution and the Program
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if, at the time the Contribution is added by the Contributor, such
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addition of the Contribution causes such combination to be covered by
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the Licensed Patents. The patent license shall not apply to any
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other combinations which include the Contribution. No hardware per
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se is licensed hereunder.
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c. Recipient understands that although each Contributor grants the
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licenses to its Contributions set forth herein, no assurances are
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provided by any Contributor that the Program does not infringe the
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patent or other intellectual property rights of any other entity.
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Each Contributor disclaims any liability to Recipient for claims
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brought by any other entity based on infringement of intellectual
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property rights or otherwise. As a condition to exercising the
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rights and licenses granted hereunder, each Recipient hereby assumes
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sole responsibility to secure any other intellectual property rights
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needed, if any. For example, if a third party patent license is
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required to allow Recipient to distribute the Program, it is
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Recipient's responsibility to acquire that license before
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distributing the Program.
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d. Each Contributor represents that to its knowledge it has
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sufficient copyright rights in its Contribution, if any, to grant the
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copyright license set forth in this Agreement.
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3. REQUIREMENTS
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A Contributor may choose to distribute
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the Program in object code form under its own license agreement,
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provided that:
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a. it complies with the terms and conditions of this Agreement; and
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b. its license agreement:
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i. effectively disclaims on behalf of all Contributors all warranties
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and conditions, express and implied, including warranties or
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conditions of title and non-infringement, and implied warranties or
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conditions of merchantability and fitness for a particular purpose;
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ii. effectively excludes on behalf of all Contributors all liability
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for damages, including direct, indirect, special, incidental and
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consequential damages, such as lost profits;
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iii. states that any provisions which differ from this Agreement are
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offered by that Contributor alone and not by any other party; and
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iv. states that source code for the Program is available from such
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Contributor, and informs licensees how to obtain it in a reasonable
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manner on or through a medium customarily used for software exchange.
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When the Program is made available in source code form:
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a. it must be made available under this Agreement; and
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b. a copy of this Agreement must be included with each copy of the
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Program.
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Each Contributor must include the following in a conspicuous location in the Program:
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Copyright (C) 1996, 1999 International Business Machines Corporation and others. All Rights Reserved.
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In addition, each Contributor must identify itself as the originator
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of its Contribution, if any, in a manner that reasonably allows
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subsequent Recipients to identify the originator of the Contribution.
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4. COMMERCIAL DISTRIBUTION
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Commercial distributors of software may accept certain
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responsibilities with respect to end users, business partners and the
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like. While this license is intended to facilitate the commercial
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use of the Program, the Contributor who includes the Program in a
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commercial product offering should do so in a manner which does not
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create potential liability for other Contributors. Therefore, if a
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Contributor includes the Program in a commercial product offering,
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such Contributor ("Commercial Contributor") hereby agrees to defend
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and indemnify every other Contributor ("Indemnified Contributor")
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against any losses, damages and costs (collectively "Losses") arising
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from claims, lawsuits and other legal actions brought by a third
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party against the Indemnified Contributor to the extent caused by the
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acts or omissions of such Commercial Contributor in connection with
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its distribution of the Program in a commercial product offering.
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The obligations in this section do not apply to any claims or Losses
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relating to any actual or alleged intellectual property infringement.
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In order to qualify, an Indemnified Contributor must: a) promptly
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notify the Commercial Contributor in writing of such claim, and b)
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allow the Commercial Contributor to control, and cooperate with the
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Commercial Contributor in, the defense and any related settlement
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negotiations. The Indemnified Contributor may participate in any
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such claim at its own expense.
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For example, a Contributor might include the Program in a commercial
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product offering, Product X. That Contributor is then a Commercial
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Contributor. If that Commercial Contributor then makes performance
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claims, or offers warranties related to Product X, those performance
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claims and warranties are such Commercial Contributor's
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responsibility alone. Under this section, the Commercial Contributor
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would have to defend claims against the other Contributors related to
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those performance claims and warranties, and if a court requires any
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other Contributor to pay any damages as a result, the Commercial
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Contributor must pay those damages.
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5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
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PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
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KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
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WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
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OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
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responsible for determining the appropriateness of using and
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distributing the Program and assumes all risks associated with its
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exercise of rights under this Agreement, including but not limited to
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the risks and costs of program errors, compliance with applicable
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laws, damage to or loss of data, programs or equipment, and
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unavailability or interruption of operations.
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6. DISCLAIMER OF LIABILITY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
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NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
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INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
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(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
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ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
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TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
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THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
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GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. GENERAL
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If any provision of this Agreement is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of
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the remainder of the terms of this Agreement, and without further
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action by the parties hereto, such provision shall be reformed to the
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minimum extent necessary to make such provision valid and enforceable.
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If Recipient institutes patent litigation against a Contributor with
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respect to a patent applicable to software (including a cross-claim
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or counterclaim in a lawsuit), then any patent licenses granted by
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that Contributor to such Recipient under this Agreement shall
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terminate as of the date such litigation is filed. In addition, if
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Recipient institutes patent litigation against any entity (including
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a cross-claim or counterclaim in a lawsuit) alleging that the Program
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itself (excluding combinations of the Program with other software or
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hardware) infringes such Recipient's patent(s), then such Recipient's
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rights granted under Section 2(b) shall terminate as of the date such
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litigation is filed.
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All Recipient's rights under this Agreement shall terminate if it
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fails to comply with any of the material terms or conditions of this
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Agreement and does not cure such failure in a reasonable period of
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time after becoming aware of such noncompliance. If all Recipient's
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rights under this Agreement terminate, Recipient agrees to cease use
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and distribution of the Program as soon as reasonably practicable.
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However, Recipient's obligations under this Agreement and any
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licenses granted by Recipient relating to the Program shall continue
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and survive.
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IBM may publish new versions (including revisions) of this Agreement
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from time to time. Each new version of the Agreement will be given a
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distinguishing version number. The Program (including Contributions)
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may always be distributed subject to the version of the Agreement
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under which it was received. In addition, after a new version of the
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Agreement is published, Contributor may elect to distribute the
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Program (including its Contributions) under the new version. No one
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other than IBM has the right to modify this Agreement. Except as
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expressly stated in Sections 2(a) and 2(b) above, Recipient receives
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no rights or licenses to the intellectual property of any Contributor
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under this Agreement, whether expressly, by implication, estoppel or
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otherwise. All rights in the Program not expressly granted under
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this Agreement are reserved.
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This Agreement is governed by the laws of the State of New York and
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the intellectual property laws of the United States of America. No
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party to this Agreement will bring a legal action under this
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Agreement more than one year after the cause of action arose. Each
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party waives its rights to a jury trial in any resulting litigation.
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