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

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