218 lines
11 KiB
Text
218 lines
11 KiB
Text
IBM Public License Version 1.0
|
|
|
|
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM
|
|
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 International Business Machines Corporation ("IBM"), the
|
|
Original Program, and
|
|
|
|
b. in the case of each 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 IBM and any other 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.
|
|
|
|
"Original Program" means the original version of the software
|
|
accompanying this Agreement as released by IBM, including source
|
|
code, object code and documentation, if any.
|
|
|
|
"Program" means the Original Program and Contributions.
|
|
|
|
"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.
|
|
|
|
Each Contributor must include the following in a conspicuous location in the
|
|
Program:
|
|
|
|
Copyright (C) 1996, 1999 International Business Machines Corporation and
|
|
others. All Rights Reserved.
|
|
|
|
In addition, 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.
|
|
|
|
IBM may publish new versions (including revisions) of this Agreement
|
|
from time to time. 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. No one
|
|
other than IBM has the right to modify this Agreement. 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.
|