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<HTML><HEAD><TITLE>Common Public License - v 0.5</TITLE>
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<H1 align=center>Common Public License - v 0.5</H1>
<P>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.</P>
<OL type=1>
<LI>
<H4>DEFINITIONS</H4>
<P><EM>"Contribution"</EM> means:
<OL type=A>
<LI>in the case of the initial Contributor, the initial code and
documentation distributed under this Agreement, and
<LI>in the case of each subsequent Contributor:
<OL type=i>
<LI>changes to the Program, and
<LI>additions to the Program; </LI></OL></LI></OL>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.
<P></P>
<P><EM>"Contributor"</EM> means any person or entity that distributes the
Program.</P>
<P><EM>"Licensed Patents"</EM> 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.</P>
<P><EM>"Program"</EM> means the Contributions distributed in accordance with
this Agreement.</P>
<P><EM>"Recipient"</EM> means anyone who receives the Program under this
Agreement, including all Contributors.</P>
<LI>
<H4>GRANT OF RIGHTS</H4>
<P>
<OL type=A>
<LI>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.
<LI>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.
<LI>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.
<LI>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. </LI></OL>
<P></P>
<LI>
<H4>REQUIREMENTS</H4>
<P>A Contributor may choose to distribute the Program in object code form
under its own license agreement, provided that:
<OL type=A>
<LI>it complies with the terms and conditions of this Agreement; and
<LI>its license agreement:
<OL type=i>
<LI>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;
<LI>effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and consequential
damages, such as lost profits;
<LI>states that any provisions which differ from this Agreement are
offered by that Contributor alone and not by any other party; and
<LI>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.
</LI></OL></LI></OL>
<P></P>
<P>When the Program is made available in source code form:
<OL type=A>
<LI>it must be made available under this Agreement; and
<LI>a copy of this Agreement must be included with each copy of the Program.
</LI></OL>
<P></P>
<P>Contributors may not remove or alter any copyright notices contained within
the Program.</P>
<P>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.</P>
<LI>
<H4>COMMERCIAL DISTRIBUTION</H4>
<P>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 (<EM>"Commercial Contributor"</EM>) hereby agrees
to defend and indemnify every other Contributor ("Indemnified Contributor")
against any losses, damages and costs (collectively <EM>"Losses"</EM>) 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.</P>
<P>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.</P>
<LI>
<H4>NO WARRANTY</H4>
<P>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON
AN <EM>"AS IS"</EM> 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.</P>
<LI>
<H4>DISCLAIMER OF LIABILITY</H4>
<P>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.</P>
<LI>
<H4>GENERAL</H4>
<P>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.</P>
<P>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.</P>
<P>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.</P>
<P>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.</P>
<P></P>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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