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-
- AT&T has previously made versions of this software available under the AT&T
- Source Code Agreement, version 1.2D and earlier. If you received a copy of
- the software under that license agreement, you may continue to use and
- distribute the same version of the software subject to the terms and
- conditions of the license agreement under which the software was received.
- However, current versions of the software are now licensed on an open source
- basis only under The Common Public License.
-
- To download this software, you need to accept the terms of the following
- license agreement. PLEASE READ THE ENTIRE AGREEMENT CAREFULLY. By clicking
- on the button that follows the agreement, you will indicate your acceptance
- of the entire agreement and will be bound to use the software only in
- accordance with the terms and conditions of the agreement. Once you manifest
- your acceptance of the license agreement by clicking on the button, a new
- web page will appear for downloading the software.
-
- Common Public License Version 1.0
-
- THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON 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 the initial Contributor, the initial code and
- documentation distributed under this Agreement, and
-
- b) in the case of each subsequent 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 any person or 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.
-
- "Program" means the Contributions distributed in accordance with this
- Agreement.
-
- "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.
-
- Contributors may not remove or alter any copyright notices contained within
- the Program.
-
- 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.
-
- Everyone is permitted to copy and distribute copies of this Agreement, but
- in order to avoid inconsistency the Agreement is copyrighted and may only be
- modified in the following manner. The Agreement Steward reserves the right
- to publish new versions (including revisions) of this Agreement from time to
- time. No one other than the Agreement Steward has the right to modify this
- Agreement. IBM is the initial Agreement Steward. IBM may assign the
- responsibility to serve as the Agreement Steward to a suitable separate
- entity. 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. 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.