123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185 |
-
- 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.
|