
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 {date here}, 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.
