LICENSE revision 1.1.1.1.2.2
1 1.1.1.1.2.2 snj IBM PUBLIC LICENSE VERSION 1.0 - SECURE MAILER 2 1.1.1.1.2.2 snj 3 1.1.1.1.2.2 snj THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC 4 1.1.1.1.2.2 snj LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE 5 1.1.1.1.2.2 snj PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 6 1.1.1.1.2.2 snj 7 1.1.1.1.2.2 snj 1. DEFINITIONS 8 1.1.1.1.2.2 snj 9 1.1.1.1.2.2 snj "Contribution" means: 10 1.1.1.1.2.2 snj a) in the case of International Business Machines Corporation ("IBM"), 11 1.1.1.1.2.2 snj the Original Program, and 12 1.1.1.1.2.2 snj b) in the case of each Contributor, 13 1.1.1.1.2.2 snj i) changes to the Program, and 14 1.1.1.1.2.2 snj ii) additions to the Program; 15 1.1.1.1.2.2 snj where such changes and/or additions to the Program originate 16 1.1.1.1.2.2 snj from and are distributed by that particular Contributor. 17 1.1.1.1.2.2 snj A Contribution 'originates' from a Contributor if it was added 18 1.1.1.1.2.2 snj to the Program by such Contributor itself or anyone acting on 19 1.1.1.1.2.2 snj such Contributor's behalf. 20 1.1.1.1.2.2 snj Contributions do not include additions to the Program which: 21 1.1.1.1.2.2 snj (i) are separate modules of software distributed in conjunction 22 1.1.1.1.2.2 snj with the Program under their own license agreement, and 23 1.1.1.1.2.2 snj (ii) are not derivative works of the Program. 24 1.1.1.1.2.2 snj 25 1.1.1.1.2.2 snj "Contributor" means IBM and any other entity that distributes the Program. 26 1.1.1.1.2.2 snj 27 1.1.1.1.2.2 snj "Licensed Patents " mean patent claims licensable by a Contributor which 28 1.1.1.1.2.2 snj are necessarily infringed by the use or sale of its Contribution alone 29 1.1.1.1.2.2 snj or when combined with the Program. 30 1.1.1.1.2.2 snj 31 1.1.1.1.2.2 snj "Original Program" means the original version of the software accompanying 32 1.1.1.1.2.2 snj this Agreement as released by IBM, including source code, object code 33 1.1.1.1.2.2 snj and documentation, if any. 34 1.1.1.1.2.2 snj 35 1.1.1.1.2.2 snj "Program" means the Original Program and Contributions. 36 1.1.1.1.2.2 snj 37 1.1.1.1.2.2 snj "Recipient" means anyone who receives the Program under this Agreement, 38 1.1.1.1.2.2 snj including all Contributors. 39 1.1.1.1.2.2 snj 40 1.1.1.1.2.2 snj 2. GRANT OF RIGHTS 41 1.1.1.1.2.2 snj 42 1.1.1.1.2.2 snj a) Subject to the terms of this Agreement, each Contributor hereby 43 1.1.1.1.2.2 snj grants Recipient a non-exclusive, worldwide, royalty-free copyright 44 1.1.1.1.2.2 snj license to reproduce, prepare derivative works of, publicly display, 45 1.1.1.1.2.2 snj publicly perform, distribute and sublicense the Contribution of such 46 1.1.1.1.2.2 snj Contributor, if any, and such derivative works, in source code and 47 1.1.1.1.2.2 snj object code form. 48 1.1.1.1.2.2 snj 49 1.1.1.1.2.2 snj b) Subject to the terms of this Agreement, each Contributor hereby 50 1.1.1.1.2.2 snj grants Recipient a non-exclusive, worldwide, royalty-free patent 51 1.1.1.1.2.2 snj license under Licensed Patents to make, use, sell, offer to sell, 52 1.1.1.1.2.2 snj import and otherwise transfer the Contribution of such Contributor, 53 1.1.1.1.2.2 snj if any, in source code and object code form. This patent license 54 1.1.1.1.2.2 snj shall apply to the combination of the Contribution and the Program 55 1.1.1.1.2.2 snj if, at the time the Contribution is added by the Contributor, such 56 1.1.1.1.2.2 snj addition of the Contribution causes such combination to be covered 57 1.1.1.1.2.2 snj by the Licensed Patents. The patent license shall not apply to any 58 1.1.1.1.2.2 snj other combinations which include the Contribution. No hardware per 59 1.1.1.1.2.2 snj se is licensed hereunder. 60 1.1.1.1.2.2 snj 61 1.1.1.1.2.2 snj c) Recipient understands that although each Contributor grants the 62 1.1.1.1.2.2 snj licenses to its Contributions set forth herein, no assurances are 63 1.1.1.1.2.2 snj provided by any Contributor that the Program does not infringe the 64 1.1.1.1.2.2 snj patent or other intellectual property rights of any other entity. 65 1.1.1.1.2.2 snj Each Contributor disclaims any liability to Recipient for claims 66 1.1.1.1.2.2 snj brought by any other entity based on infringement of intellectual 67 1.1.1.1.2.2 snj property rights or otherwise. As a condition to exercising the rights 68 1.1.1.1.2.2 snj and licenses granted hereunder, each Recipient hereby assumes sole 69 1.1.1.1.2.2 snj responsibility to secure any other intellectual property rights 70 1.1.1.1.2.2 snj needed, if any. For example, if a third party patent license 71 1.1.1.1.2.2 snj is required to allow Recipient to distribute the Program, it is 72 1.1.1.1.2.2 snj Recipient's responsibility to acquire that license before distributing 73 1.1.1.1.2.2 snj the Program. 74 1.1.1.1.2.2 snj 75 1.1.1.1.2.2 snj d) Each Contributor represents that to its knowledge it has sufficient 76 1.1.1.1.2.2 snj copyright rights in its Contribution, if any, to grant the copyright 77 1.1.1.1.2.2 snj license set forth in this Agreement. 78 1.1.1.1.2.2 snj 79 1.1.1.1.2.2 snj 3. REQUIREMENTS 80 1.1.1.1.2.2 snj 81 1.1.1.1.2.2 snj A Contributor may choose to distribute the Program in object code form 82 1.1.1.1.2.2 snj under its own license agreement, provided that: 83 1.1.1.1.2.2 snj a) it complies with the terms and conditions of this Agreement; and 84 1.1.1.1.2.2 snj b) its license agreement: 85 1.1.1.1.2.2 snj i) effectively disclaims on behalf of all Contributors all 86 1.1.1.1.2.2 snj warranties and conditions, express and implied, including 87 1.1.1.1.2.2 snj warranties or conditions of title and non-infringement, and 88 1.1.1.1.2.2 snj implied warranties or conditions of merchantability and fitness 89 1.1.1.1.2.2 snj for a particular purpose; 90 1.1.1.1.2.2 snj ii) effectively excludes on behalf of all Contributors all 91 1.1.1.1.2.2 snj liability for damages, including direct, indirect, special, 92 1.1.1.1.2.2 snj incidental and consequential damages, such as lost profits; 93 1.1.1.1.2.2 snj iii) states that any provisions which differ from this Agreement 94 1.1.1.1.2.2 snj are offered by that Contributor alone and not by any other 95 1.1.1.1.2.2 snj party; and 96 1.1.1.1.2.2 snj iv) states that source code for the Program is available from 97 1.1.1.1.2.2 snj such Contributor, and informs licensees how to obtain it in a 98 1.1.1.1.2.2 snj reasonable manner on or through a medium customarily used for 99 1.1.1.1.2.2 snj software exchange. 100 1.1.1.1.2.2 snj 101 1.1.1.1.2.2 snj When the Program is made available in source code form: 102 1.1.1.1.2.2 snj a) it must be made available under this Agreement; and 103 1.1.1.1.2.2 snj b) a copy of this Agreement must be included with each copy of the 104 1.1.1.1.2.2 snj Program. 105 1.1.1.1.2.2 snj 106 1.1.1.1.2.2 snj Each Contributor must include the following in a conspicuous location 107 1.1.1.1.2.2 snj in the Program: 108 1.1.1.1.2.2 snj 109 1.1.1.1.2.2 snj Copyright (c) 1997,1998,1999, International Business Machines 110 1.1.1.1.2.2 snj Corporation and others. All Rights Reserved. 111 1.1.1.1.2.2 snj 112 1.1.1.1.2.2 snj In addition, each Contributor must identify itself as the originator of 113 1.1.1.1.2.2 snj its Contribution, if any, in a manner that reasonably allows subsequent 114 1.1.1.1.2.2 snj Recipients to identify the originator of the Contribution. 115 1.1.1.1.2.2 snj 116 1.1.1.1.2.2 snj 4. COMMERCIAL DISTRIBUTION 117 1.1.1.1.2.2 snj 118 1.1.1.1.2.2 snj Commercial distributors of software may accept certain responsibilities 119 1.1.1.1.2.2 snj with respect to end users, business partners and the like. While this 120 1.1.1.1.2.2 snj license is intended to facilitate the commercial use of the Program, the 121 1.1.1.1.2.2 snj Contributor who includes the Program in a commercial product offering 122 1.1.1.1.2.2 snj should do so in a manner which does not create potential liability for 123 1.1.1.1.2.2 snj other Contributors. Therefore, if a Contributor includes the Program in 124 1.1.1.1.2.2 snj a commercial product offering, such Contributor ("Commercial Contributor") 125 1.1.1.1.2.2 snj hereby agrees to defend and indemnify every other Contributor 126 1.1.1.1.2.2 snj ("Indemnified Contributor") against any losses, damages and costs 127 1.1.1.1.2.2 snj (collectively "Losses") arising from claims, lawsuits and other legal 128 1.1.1.1.2.2 snj actions brought by a third party against the Indemnified Contributor to 129 1.1.1.1.2.2 snj the extent caused by the acts or omissions of such Commercial Contributor 130 1.1.1.1.2.2 snj in connection with its distribution of the Program in a commercial 131 1.1.1.1.2.2 snj product offering. The obligations in this section do not apply to any 132 1.1.1.1.2.2 snj claims or Losses relating to any actual or alleged intellectual property 133 1.1.1.1.2.2 snj infringement. In order to qualify, an Indemnified Contributor must: 134 1.1.1.1.2.2 snj a) promptly notify the Commercial Contributor in writing of such claim, 135 1.1.1.1.2.2 snj and 136 1.1.1.1.2.2 snj b) allow the Commercial Contributor to control, and cooperate with 137 1.1.1.1.2.2 snj the Commercial Contributor in, the defense and any related 138 1.1.1.1.2.2 snj settlement negotiations. The Indemnified Contributor may 139 1.1.1.1.2.2 snj participate in any such claim at its own expense. 140 1.1.1.1.2.2 snj 141 1.1.1.1.2.2 snj For example, a Contributor might include the Program in a commercial 142 1.1.1.1.2.2 snj product offering, Product X. That Contributor is then a Commercial 143 1.1.1.1.2.2 snj Contributor. If that Commercial Contributor then makes performance 144 1.1.1.1.2.2 snj claims, or offers warranties related to Product X, those performance 145 1.1.1.1.2.2 snj claims and warranties are such Commercial Contributor's responsibility 146 1.1.1.1.2.2 snj alone. Under this section, the Commercial Contributor would have to 147 1.1.1.1.2.2 snj defend claims against the other Contributors related to those performance 148 1.1.1.1.2.2 snj claims and warranties, and if a court requires any other Contributor to 149 1.1.1.1.2.2 snj pay any damages as a result, the Commercial Contributor must pay those 150 1.1.1.1.2.2 snj damages. 151 1.1.1.1.2.2 snj 152 1.1.1.1.2.2 snj 5. NO WARRANTY 153 1.1.1.1.2.2 snj 154 1.1.1.1.2.2 snj EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 155 1.1.1.1.2.2 snj ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER 156 1.1.1.1.2.2 snj EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR 157 1.1.1.1.2.2 snj CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A 158 1.1.1.1.2.2 snj PARTICULAR PURPOSE. Each Recipient is solely responsible for determining 159 1.1.1.1.2.2 snj the appropriateness of using and distributing the Program and assumes 160 1.1.1.1.2.2 snj all risks associated with its exercise of rights under this Agreement, 161 1.1.1.1.2.2 snj including but not limited to the risks and costs of program errors, 162 1.1.1.1.2.2 snj compliance with applicable laws, damage to or loss of data, programs or 163 1.1.1.1.2.2 snj equipment, and unavailability or interruption of operations. 164 1.1.1.1.2.2 snj 165 1.1.1.1.2.2 snj 6. DISCLAIMER OF LIABILITY 166 1.1.1.1.2.2 snj 167 1.1.1.1.2.2 snj EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 168 1.1.1.1.2.2 snj ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 169 1.1.1.1.2.2 snj INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 170 1.1.1.1.2.2 snj WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 171 1.1.1.1.2.2 snj LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 172 1.1.1.1.2.2 snj NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION 173 1.1.1.1.2.2 snj OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF 174 1.1.1.1.2.2 snj ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 175 1.1.1.1.2.2 snj 176 1.1.1.1.2.2 snj 7. GENERAL 177 1.1.1.1.2.2 snj 178 1.1.1.1.2.2 snj If any provision of this Agreement is invalid or unenforceable under 179 1.1.1.1.2.2 snj applicable law, it shall not affect the validity or enforceability of 180 1.1.1.1.2.2 snj the remainder of the terms of this Agreement, and without further action 181 1.1.1.1.2.2 snj by the parties hereto, such provision shall be reformed to the minimum 182 1.1.1.1.2.2 snj extent necessary to make such provision valid and enforceable. 183 1.1.1.1.2.2 snj 184 1.1.1.1.2.2 snj If Recipient institutes patent litigation against a Contributor with 185 1.1.1.1.2.2 snj respect to a patent applicable to software (including a cross-claim or 186 1.1.1.1.2.2 snj counterclaim in a lawsuit), then any patent licenses granted by that 187 1.1.1.1.2.2 snj Contributor to such Recipient under this Agreement shall terminate 188 1.1.1.1.2.2 snj as of the date such litigation is filed. In addition, If Recipient 189 1.1.1.1.2.2 snj institutes patent litigation against any entity (including a cross-claim 190 1.1.1.1.2.2 snj or counterclaim in a lawsuit) alleging that the Program itself (excluding 191 1.1.1.1.2.2 snj combinations of the Program with other software or hardware) infringes 192 1.1.1.1.2.2 snj such Recipient's patent(s), then such Recipient's rights granted under 193 1.1.1.1.2.2 snj Section 2(b) shall terminate as of the date such litigation is filed. 194 1.1.1.1.2.2 snj 195 1.1.1.1.2.2 snj All Recipient's rights under this Agreement shall terminate if it fails 196 1.1.1.1.2.2 snj to comply with any of the material terms or conditions of this Agreement 197 1.1.1.1.2.2 snj and does not cure such failure in a reasonable period of time after 198 1.1.1.1.2.2 snj becoming aware of such noncompliance. If all Recipient's rights under 199 1.1.1.1.2.2 snj this Agreement terminate, Recipient agrees to cease use and distribution 200 1.1.1.1.2.2 snj of the Program as soon as reasonably practicable. However, Recipient's 201 1.1.1.1.2.2 snj obligations under this Agreement and any licenses granted by Recipient 202 1.1.1.1.2.2 snj relating to the Program shall continue and survive. 203 1.1.1.1.2.2 snj 204 1.1.1.1.2.2 snj IBM may publish new versions (including revisions) of this Agreement 205 1.1.1.1.2.2 snj from time to time. Each new version of the Agreement will be given a 206 1.1.1.1.2.2 snj distinguishing version number. The Program (including Contributions) 207 1.1.1.1.2.2 snj may always be distributed subject to the version of the Agreement under 208 1.1.1.1.2.2 snj which it was received. In addition, after a new version of the Agreement 209 1.1.1.1.2.2 snj is published, Contributor may elect to distribute the Program (including 210 1.1.1.1.2.2 snj its Contributions) under the new version. No one other than IBM has the 211 1.1.1.1.2.2 snj right to modify this Agreement. Except as expressly stated in Sections 212 1.1.1.1.2.2 snj 2(a) and 2(b) above, Recipient receives no rights or licenses to the 213 1.1.1.1.2.2 snj intellectual property of any Contributor under this Agreement, whether 214 1.1.1.1.2.2 snj expressly, by implication, estoppel or otherwise. All rights in the 215 1.1.1.1.2.2 snj Program not expressly granted under this Agreement are reserved. 216 1.1.1.1.2.2 snj 217 1.1.1.1.2.2 snj This Agreement is governed by the laws of the State of New York and the 218 1.1.1.1.2.2 snj intellectual property laws of the United States of America. No party to 219 1.1.1.1.2.2 snj this Agreement will bring a legal action under this Agreement more than 220 1.1.1.1.2.2 snj one year after the cause of action arose. Each party waives its rights 221 1.1.1.1.2.2 snj to a jury trial in any resulting litigation. 222
Indexes created Sat Aug 15 00:25:12 UTC 2026