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:
in the case of International Business Machines Corporation ("IBM"), the Original
Program, and in the case of each Contributor, changes to the Program, and 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
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.
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.
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.
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:
it complies with the terms and conditions of this Agreement; and
its license agreement:
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;
effectively excludes on behalf of all Contributors all liability for damages,
including direct, indirect, special, incidental and consequential damages,
such as lost profits;
states that any provisions which differ from this Agreement are offered by
that Contributor alone and not by any other party; and
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:
it must be made available under this Agreement; and
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.
