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IBM Public License Version 10

By Warren Murphy,2014-11-07 19:39
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IBM Public License Version 1.0 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. ..

IBM Public License Version 1.0

     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.

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