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  1. <!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" "http://www.w3c.org/TR/1999/REC-html401-19991224/loose.dtd">
  2. <!-- saved from url=(0078)http://oss.software.ibm.com/developerworks/opensource/coin/OpenTS/license.html -->
  3. <HTML><HEAD><TITLE>Common Public License - v 0.5</TITLE>
  4. <META http-equiv=Content-Type content="text/html; charset=windows-1252">
  5. <META content="MSHTML 6.00.2600.0" name=GENERATOR></HEAD>
  6. <BODY>
  7. <H1 align=center>Common Public License - v 0.5</H1>
  8. <P>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC 
  9. LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM 
  10. CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.</P>
  11. <OL type=1>
  12.   <LI>
  13.   <H4>DEFINITIONS</H4>
  14.   <P><EM>"Contribution"</EM> means: 
  15.   <OL type=A>
  16.     <LI>in the case of the initial Contributor, the initial code and 
  17.     documentation distributed under this Agreement, and 
  18.     <LI>in the case of each subsequent Contributor: 
  19.     <OL type=i>
  20.       <LI>changes to the Program, and 
  21.       <LI>additions to the Program; </LI></OL></LI></OL>where such changes and/or 
  22.   additions to the Program originate from and are distributed by that particular 
  23.   Contributor. A Contribution 'originates' from a Contributor if it was added to 
  24.   the Program by such Contributor itself or anyone acting on such Contributor's 
  25.   behalf. Contributions do not include additions to the Program which: (i) are 
  26.   separate modules of software distributed in conjunction with the Program under 
  27.   their own license agreement, and (ii) are not derivative works of the Program. 
  28.  
  29.   <P></P>
  30.   <P><EM>"Contributor"</EM> means any person or entity that distributes the 
  31.   Program.</P>
  32.   <P><EM>"Licensed Patents"</EM> mean patent claims licensable by a Contributor 
  33.   which are necessarily infringed by the use or sale of its Contribution alone 
  34.   or when combined with the Program.</P>
  35.   <P><EM>"Program"</EM> means the Contributions distributed in accordance with 
  36.   this Agreement.</P>
  37.   <P><EM>"Recipient"</EM> means anyone who receives the Program under this 
  38.   Agreement, including all Contributors.</P>
  39.   <LI>
  40.   <H4>GRANT OF RIGHTS</H4>
  41.   <P>
  42.   <OL type=A>
  43.     <LI>Subject to the terms of this Agreement, each Contributor hereby grants 
  44.     Recipient a non-exclusive, worldwide, royalty-free copyright license to 
  45.     reproduce, prepare derivative works of, publicly display, publicly perform, 
  46.     distribute and sublicense the Contribution of such Contributor, if any, and 
  47.     such derivative works, in source code and object code form. 
  48.     <LI>Subject to the terms of this Agreement, each Contributor hereby grants 
  49.     Recipient a non-exclusive, worldwide, royalty-free patent license under 
  50.     Licensed Patents to make, use, sell, offer to sell, import and otherwise 
  51.     transfer the Contribution of such Contributor, if any, in source code and 
  52.     object code form. This patent license shall apply to the combination of the 
  53.     Contribution and the Program if, at the time the Contribution is added by 
  54.     the Contributor, such addition of the Contribution causes such combination 
  55.     to be covered by the Licensed Patents. The patent license shall not apply to 
  56.     any other combinations which include the Contribution. No hardware per se is 
  57.     licensed hereunder. 
  58.     <LI>Recipient understands that although each Contributor grants the licenses 
  59.     to its Contributions set forth herein, no assurances are provided by any 
  60.     Contributor that the Program does not infringe the patent or other 
  61.     intellectual property rights of any other entity. Each Contributor disclaims 
  62.     any liability to Recipient for claims brought by any other entity based on 
  63.     infringement of intellectual property rights or otherwise. As a condition to 
  64.     exercising the rights and licenses granted hereunder, each Recipient hereby 
  65.     assumes sole responsibility to secure any other intellectual property rights 
  66.     needed, if any. For example, if a third party patent license is required to 
  67.     allow Recipient to distribute the Program, it is Recipient's responsibility 
  68.     to acquire that license before distributing the Program. 
  69.     <LI>Each Contributor represents that to its knowledge it has sufficient 
  70.     copyright rights in its Contribution, if any, to grant the copyright license 
  71.     set forth in this Agreement. </LI></OL>
  72.   <P></P>
  73.   <LI>
  74.   <H4>REQUIREMENTS</H4>
  75.   <P>A Contributor may choose to distribute the Program in object code form 
  76.   under its own license agreement, provided that: 
  77.   <OL type=A>
  78.     <LI>it complies with the terms and conditions of this Agreement; and 
  79.     <LI>its license agreement: 
  80.     <OL type=i>
  81.       <LI>effectively disclaims on behalf of all Contributors all warranties and 
  82.       conditions, express and implied, including warranties or conditions of 
  83.       title and non-infringement, and implied warranties or conditions of 
  84.       merchantability and fitness for a particular purpose; 
  85.       <LI>effectively excludes on behalf of all Contributors all liability for 
  86.       damages, including direct, indirect, special, incidental and consequential 
  87.       damages, such as lost profits; 
  88.       <LI>states that any provisions which differ from this Agreement are 
  89.       offered by that Contributor alone and not by any other party; and 
  90.       <LI>states that source code for the Program is available from such 
  91.       Contributor, and informs licensees how to obtain it in a reasonable manner 
  92.       on or through a medium customarily used for software exchange. 
  93.     </LI></OL></LI></OL>
  94.   <P></P>
  95.   <P>When the Program is made available in source code form: 
  96.   <OL type=A>
  97.     <LI>it must be made available under this Agreement; and 
  98.     <LI>a copy of this Agreement must be included with each copy of the Program. 
  99.     </LI></OL>
  100.   <P></P>
  101.   <P>Contributors may not remove or alter any copyright notices contained within 
  102.   the Program.</P>
  103.   <P>Each Contributor must identify itself as the originator of its 
  104.   Contribution, if any, in a manner that reasonably allows subsequent Recipients 
  105.   to identify the originator of the Contribution.</P>
  106.   <LI>
  107.   <H4>COMMERCIAL DISTRIBUTION</H4>
  108.   <P>Commercial distributors of software may accept certain responsibilities 
  109.   with respect to end users, business partners and the like. While this license 
  110.   is intended to facilitate the commercial use of the Program, the Contributor 
  111.   who includes the Program in a commercial product offering should do so in a 
  112.   manner which does not create potential liability for other Contributors. 
  113.   Therefore, if a Contributor includes the Program in a commercial product 
  114.   offering, such Contributor (<EM>"Commercial Contributor"</EM>) hereby agrees 
  115.   to defend and indemnify every other Contributor ("Indemnified Contributor") 
  116.   against any losses, damages and costs (collectively <EM>"Losses"</EM>) arising 
  117.   from claims, lawsuits and other legal actions brought by a third party against 
  118.   the Indemnified Contributor to the extent caused by the acts or omissions of 
  119.   such Commercial Contributor in connection with its distribution of the Program 
  120.   in a commercial product offering. The obligations in this section do not apply 
  121.   to any claims or Losses relating to any actual or alleged intellectual 
  122.   property infringement. In order to qualify, an Indemnified Contributor must: 
  123.   a) promptly notify the Commercial Contributor in writing of such claim, and b) 
  124.   allow the Commercial Contributor to control, and cooperate with the Commercial 
  125.   Contributor in, the defense and any related settlement negotiations. The 
  126.   Indemnified Contributor may participate in any such claim at its own 
  127.   expense.</P>
  128.   <P>For example, a Contributor might include the Program in a commercial 
  129.   product offering, Product X. That Contributor is then a Commercial 
  130.   Contributor. If that Commercial Contributor then makes performance claims, or 
  131.   offers warranties related to Product X, those performance claims and 
  132.   warranties are such Commercial Contributor's responsibility alone. Under this 
  133.   section, the Commercial Contributor would have to defend claims against the 
  134.   other Contributors related to those performance claims and warranties, and if 
  135.   a court requires any other Contributor to pay any damages as a result, the 
  136.   Commercial Contributor must pay those damages.</P>
  137.   <LI>
  138.   <H4>NO WARRANTY</H4>
  139.   <P>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON 
  140.   AN <EM>"AS IS"</EM> BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, 
  141.   EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR 
  142.   CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A 
  143.   PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the 
  144.   appropriateness of using and distributing the Program and assumes all risks 
  145.   associated with its exercise of rights under this Agreement, including but not 
  146.   limited to the risks and costs of program errors, compliance with applicable 
  147.   laws, damage to or loss of data, programs or equipment, and unavailability or 
  148.   interruption of operations.</P>
  149.   <LI>
  150.   <H4>DISCLAIMER OF LIABILITY</H4>
  151.   <P>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY 
  152.   CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, 
  153.   SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION 
  154.   LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN 
  155.   CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) 
  156.   ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE 
  157.   EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY 
  158.   OF SUCH DAMAGES.</P>
  159.   <LI>
  160.   <H4>GENERAL</H4>
  161.   <P>If any provision of this Agreement is invalid or unenforceable under 
  162.   applicable law, it shall not affect the validity or enforceability of the 
  163.   remainder of the terms of this Agreement, and without further action by the 
  164.   parties hereto, such provision shall be reformed to the minimum extent 
  165.   necessary to make such provision valid and enforceable.</P>
  166.   <P>If Recipient institutes patent litigation against a Contributor with 
  167.   respect to a patent applicable to software (including a cross-claim or 
  168.   counterclaim in a lawsuit), then any patent licenses granted by that 
  169.   Contributor to such Recipient under this Agreement shall terminate as of the 
  170.   date such litigation is filed. In addition, If Recipient institutes patent 
  171.   litigation against any entity (including a cross-claim or counterclaim in a 
  172.   lawsuit) alleging that the Program itself (excluding combinations of the 
  173.   Program with other software or hardware) infringes such Recipient's patent(s), 
  174.   then such Recipient's rights granted under Section 2(b) shall terminate as of 
  175.   the date such litigation is filed.</P>
  176.   <P>All Recipient's rights under this Agreement shall terminate if it fails to 
  177.   comply with any of the material terms or conditions of this Agreement and does 
  178.   not cure such failure in a reasonable period of time after becoming aware of 
  179.   such noncompliance. If all Recipient's rights under this Agreement terminate, 
  180.   Recipient agrees to cease use and distribution of the Program as soon as 
  181.   reasonably practicable. However, Recipient's obligations under this Agreement 
  182.   and any licenses granted by Recipient relating to the Program shall continue 
  183.   and survive.</P>
  184.   <P>Everyone is permitted to copy and distribute copies of this Agreement, but 
  185.   in order to avoid inconsistency the Agreement is copyrighted and may only be 
  186.   modified in the following manner. The Agreement Steward reserves the right to 
  187.   publish new versions (including revisions) of this Agreement from time to 
  188.   time. No one other than the Agreement Steward has the right to modify this 
  189.   Agreement. IBM is the initial Agreement Steward. IBM may assign the 
  190.   responsibility to serve as the Agreement Steward to a suitable separate 
  191.   entity. Each new version of the Agreement will be given a distinguishing 
  192.   version number. The Program (including Contributions) may always be 
  193.   distributed subject to the version of the Agreement under which it was 
  194.   received. In addition, after a new version of the Agreement is published, 
  195.   Contributor may elect to distribute the Program (including its Contributions) 
  196.   under the new version. Except as expressly stated in Sections 2(a) and 2(b) 
  197.   above, Recipient receives no rights or licenses to the intellectual property 
  198.   of any Contributor under this Agreement, whether expressly, by implication, 
  199.   estoppel or otherwise. All rights in the Program not expressly granted under 
  200.   this Agreement are reserved.</P>
  201.   <P></P>This Agreement is governed by the laws of the State of New York and the 
  202.   intellectual property laws of the United States of America. No party to this 
  203.   Agreement will bring a legal action under this Agreement more than one year 
  204.   after the cause of action arose. Each party waives its rights to a jury trial 
  205.   in any resulting litigation.
  206.   <P></P></LI></OL></BODY></HTML>
# Change User Description Committed
#1 1820 Paul Robert Dymecki mondrian: Integrate latest from //guest/julian_hyde 23 years ago
//guest/julian_hyde/mondrian/LICENSE.html
#1 1453 Julian Hyde mondrian: first source check-in 23 years ago