LICENSE revision 1.1.1.2 1 1.1.1.2 christos LICENSE - SECURE MAILER
2 1.1.1.2 christos
3 1.1.1.2 christos This software is dual-licensed under both the Eclipse Public License
4 1.1.1.2 christos version 2.0 and the IBM Public License version 1.0, for those who
5 1.1.1.2 christos are more comfortable continuing with that license. Recipients can
6 1.1.1.2 christos choose to take the software under the license of their choice.
7 1.1.1.2 christos
8 1.1.1.2 christos The remainder of this text contains a copy of each license.
9 1.1.1.2 christos
10 1.1.1.2 christos Eclipse Public License - v 2.0
11 1.1.1.2 christos
12 1.1.1.2 christos THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
13 1.1.1.2 christos PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
14 1.1.1.2 christos OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
15 1.1.1.2 christos
16 1.1.1.2 christos 1. DEFINITIONS
17 1.1.1.2 christos
18 1.1.1.2 christos "Contribution" means:
19 1.1.1.2 christos
20 1.1.1.2 christos a) in the case of the initial Contributor, the initial content
21 1.1.1.2 christos Distributed under this Agreement, and
22 1.1.1.2 christos
23 1.1.1.2 christos b) in the case of each subsequent Contributor:
24 1.1.1.2 christos i) changes to the Program, and
25 1.1.1.2 christos ii) additions to the Program;
26 1.1.1.2 christos where such changes and/or additions to the Program originate from
27 1.1.1.2 christos and are Distributed by that particular Contributor. A Contribution
28 1.1.1.2 christos "originates" from a Contributor if it was added to the Program by
29 1.1.1.2 christos such Contributor itself or anyone acting on such Contributor's behalf.
30 1.1.1.2 christos Contributions do not include changes or additions to the Program that
31 1.1.1.2 christos are not Modified Works.
32 1.1.1.2 christos
33 1.1.1.2 christos "Contributor" means any person or entity that Distributes the Program.
34 1.1.1.2 christos
35 1.1.1.2 christos "Licensed Patents" mean patent claims licensable by a Contributor which
36 1.1.1.2 christos are necessarily infringed by the use or sale of its Contribution alone
37 1.1.1.2 christos or when combined with the Program.
38 1.1.1.2 christos
39 1.1.1.2 christos "Program" means the Contributions Distributed in accordance with this
40 1.1.1.2 christos Agreement.
41 1.1.1.2 christos
42 1.1.1.2 christos "Recipient" means anyone who receives the Program under this Agreement
43 1.1.1.2 christos or any Secondary License (as applicable), including Contributors.
44 1.1.1.2 christos
45 1.1.1.2 christos "Derivative Works" shall mean any work, whether in Source Code or other
46 1.1.1.2 christos form, that is based on (or derived from) the Program and for which the
47 1.1.1.2 christos editorial revisions, annotations, elaborations, or other modifications
48 1.1.1.2 christos represent, as a whole, an original work of authorship.
49 1.1.1.2 christos
50 1.1.1.2 christos "Modified Works" shall mean any work in Source Code or other form that
51 1.1.1.2 christos results from an addition to, deletion from, or modification of the
52 1.1.1.2 christos contents of the Program, including, for purposes of clarity any new file
53 1.1.1.2 christos in Source Code form that contains any contents of the Program. Modified
54 1.1.1.2 christos Works shall not include works that contain only declarations,
55 1.1.1.2 christos interfaces, types, classes, structures, or files of the Program solely
56 1.1.1.2 christos in each case in order to link to, bind by name, or subclass the Program
57 1.1.1.2 christos or Modified Works thereof.
58 1.1.1.2 christos
59 1.1.1.2 christos "Distribute" means the acts of a) distributing or b) making available
60 1.1.1.2 christos in any manner that enables the transfer of a copy.
61 1.1.1.2 christos
62 1.1.1.2 christos "Source Code" means the form of a Program preferred for making
63 1.1.1.2 christos modifications, including but not limited to software source code,
64 1.1.1.2 christos documentation source, and configuration files.
65 1.1.1.2 christos
66 1.1.1.2 christos "Secondary License" means either the GNU General Public License,
67 1.1.1.2 christos Version 2.0, or any later versions of that license, including any
68 1.1.1.2 christos exceptions or additional permissions as identified by the initial
69 1.1.1.2 christos Contributor.
70 1.1.1.2 christos
71 1.1.1.2 christos 2. GRANT OF RIGHTS
72 1.1.1.2 christos
73 1.1.1.2 christos a) Subject to the terms of this Agreement, each Contributor hereby
74 1.1.1.2 christos grants Recipient a non-exclusive, worldwide, royalty-free copyright
75 1.1.1.2 christos license to reproduce, prepare Derivative Works of, publicly display,
76 1.1.1.2 christos publicly perform, Distribute and sublicense the Contribution of such
77 1.1.1.2 christos Contributor, if any, and such Derivative Works.
78 1.1.1.2 christos
79 1.1.1.2 christos b) Subject to the terms of this Agreement, each Contributor hereby
80 1.1.1.2 christos grants Recipient a non-exclusive, worldwide, royalty-free patent
81 1.1.1.2 christos license under Licensed Patents to make, use, sell, offer to sell,
82 1.1.1.2 christos import and otherwise transfer the Contribution of such Contributor,
83 1.1.1.2 christos if any, in Source Code or other form. This patent license shall
84 1.1.1.2 christos apply to the combination of the Contribution and the Program if, at
85 1.1.1.2 christos the time the Contribution is added by the Contributor, such addition
86 1.1.1.2 christos of the Contribution causes such combination to be covered by the
87 1.1.1.2 christos Licensed Patents. The patent license shall not apply to any other
88 1.1.1.2 christos combinations which include the Contribution. No hardware per se is
89 1.1.1.2 christos licensed hereunder.
90 1.1.1.2 christos
91 1.1.1.2 christos c) Recipient understands that although each Contributor grants the
92 1.1.1.2 christos licenses to its Contributions set forth herein, no assurances are
93 1.1.1.2 christos provided by any Contributor that the Program does not infringe the
94 1.1.1.2 christos patent or other intellectual property rights of any other entity.
95 1.1.1.2 christos Each Contributor disclaims any liability to Recipient for claims
96 1.1.1.2 christos brought by any other entity based on infringement of intellectual
97 1.1.1.2 christos property rights or otherwise. As a condition to exercising the
98 1.1.1.2 christos rights and licenses granted hereunder, each Recipient hereby
99 1.1.1.2 christos assumes sole responsibility to secure any other intellectual
100 1.1.1.2 christos property rights needed, if any. For example, if a third party
101 1.1.1.2 christos patent license is required to allow Recipient to Distribute the
102 1.1.1.2 christos Program, it is Recipient's responsibility to acquire that license
103 1.1.1.2 christos before distributing the Program.
104 1.1.1.2 christos
105 1.1.1.2 christos d) Each Contributor represents that to its knowledge it has
106 1.1.1.2 christos sufficient copyright rights in its Contribution, if any, to grant
107 1.1.1.2 christos the copyright license set forth in this Agreement.
108 1.1.1.2 christos
109 1.1.1.2 christos e) Notwithstanding the terms of any Secondary License, no
110 1.1.1.2 christos Contributor makes additional grants to any Recipient (other than
111 1.1.1.2 christos those set forth in this Agreement) as a result of such Recipient's
112 1.1.1.2 christos receipt of the Program under the terms of a Secondary License
113 1.1.1.2 christos (if permitted under the terms of Section 3).
114 1.1.1.2 christos
115 1.1.1.2 christos 3. REQUIREMENTS
116 1.1.1.2 christos
117 1.1.1.2 christos 3.1 If a Contributor Distributes the Program in any form, then:
118 1.1.1.2 christos
119 1.1.1.2 christos a) the Program must also be made available as Source Code, in
120 1.1.1.2 christos accordance with section 3.2, and the Contributor must accompany
121 1.1.1.2 christos the Program with a statement that the Source Code for the Program
122 1.1.1.2 christos is available under this Agreement, and informs Recipients how to
123 1.1.1.2 christos obtain it in a reasonable manner on or through a medium customarily
124 1.1.1.2 christos used for software exchange; and
125 1.1.1.2 christos
126 1.1.1.2 christos b) the Contributor may Distribute the Program under a license
127 1.1.1.2 christos different than this Agreement, provided that such license:
128 1.1.1.2 christos i) effectively disclaims on behalf of all other Contributors all
129 1.1.1.2 christos warranties and conditions, express and implied, including
130 1.1.1.2 christos warranties or conditions of title and non-infringement, and
131 1.1.1.2 christos implied warranties or conditions of merchantability and fitness
132 1.1.1.2 christos for a particular purpose;
133 1.1.1.2 christos
134 1.1.1.2 christos ii) effectively excludes on behalf of all other Contributors all
135 1.1.1.2 christos liability for damages, including direct, indirect, special,
136 1.1.1.2 christos incidental and consequential damages, such as lost profits;
137 1.1.1.2 christos
138 1.1.1.2 christos iii) does not attempt to limit or alter the recipients' rights
139 1.1.1.2 christos in the Source Code under section 3.2; and
140 1.1.1.2 christos
141 1.1.1.2 christos iv) requires any subsequent distribution of the Program by any
142 1.1.1.2 christos party to be under a license that satisfies the requirements
143 1.1.1.2 christos of this section 3.
144 1.1.1.2 christos
145 1.1.1.2 christos 3.2 When the Program is Distributed as Source Code:
146 1.1.1.2 christos
147 1.1.1.2 christos a) it must be made available under this Agreement, or if the
148 1.1.1.2 christos Program (i) is combined with other material in a separate file or
149 1.1.1.2 christos files made available under a Secondary License, and (ii) the initial
150 1.1.1.2 christos Contributor attached to the Source Code the notice described in
151 1.1.1.2 christos Exhibit A of this Agreement, then the Program may be made available
152 1.1.1.2 christos under the terms of such Secondary Licenses, and
153 1.1.1.2 christos
154 1.1.1.2 christos b) a copy of this Agreement must be included with each copy of
155 1.1.1.2 christos the Program.
156 1.1.1.2 christos
157 1.1.1.2 christos 3.3 Contributors may not remove or alter any copyright, patent,
158 1.1.1.2 christos trademark, attribution notices, disclaimers of warranty, or limitations
159 1.1.1.2 christos of liability ("notices") contained within the Program from any copy of
160 1.1.1.2 christos the Program which they Distribute, provided that Contributors may add
161 1.1.1.2 christos their own appropriate notices.
162 1.1.1.2 christos
163 1.1.1.2 christos 4. COMMERCIAL DISTRIBUTION
164 1.1.1.2 christos
165 1.1.1.2 christos Commercial distributors of software may accept certain responsibilities
166 1.1.1.2 christos with respect to end users, business partners and the like. While this
167 1.1.1.2 christos license is intended to facilitate the commercial use of the Program,
168 1.1.1.2 christos the Contributor who includes the Program in a commercial product
169 1.1.1.2 christos offering should do so in a manner which does not create potential
170 1.1.1.2 christos liability for other Contributors. Therefore, if a Contributor includes
171 1.1.1.2 christos the Program in a commercial product offering, such Contributor
172 1.1.1.2 christos ("Commercial Contributor") hereby agrees to defend and indemnify every
173 1.1.1.2 christos other Contributor ("Indemnified Contributor") against any losses,
174 1.1.1.2 christos damages and costs (collectively "Losses") arising from claims, lawsuits
175 1.1.1.2 christos and other legal actions brought by a third party against the Indemnified
176 1.1.1.2 christos Contributor to the extent caused by the acts or omissions of such
177 1.1.1.2 christos Commercial Contributor in connection with its distribution of the Program
178 1.1.1.2 christos in a commercial product offering. The obligations in this section do not
179 1.1.1.2 christos apply to any claims or Losses relating to any actual or alleged
180 1.1.1.2 christos intellectual property infringement. In order to qualify, an Indemnified
181 1.1.1.2 christos Contributor must: a) promptly notify the Commercial Contributor in
182 1.1.1.2 christos writing of such claim, and b) allow the Commercial Contributor to control,
183 1.1.1.2 christos and cooperate with the Commercial Contributor in, the defense and any
184 1.1.1.2 christos related settlement negotiations. The Indemnified Contributor may
185 1.1.1.2 christos participate in any such claim at its own expense.
186 1.1.1.2 christos
187 1.1.1.2 christos For example, a Contributor might include the Program in a commercial
188 1.1.1.2 christos product offering, Product X. That Contributor is then a Commercial
189 1.1.1.2 christos Contributor. If that Commercial Contributor then makes performance
190 1.1.1.2 christos claims, or offers warranties related to Product X, those performance
191 1.1.1.2 christos claims and warranties are such Commercial Contributor's responsibility
192 1.1.1.2 christos alone. Under this section, the Commercial Contributor would have to
193 1.1.1.2 christos defend claims against the other Contributors related to those performance
194 1.1.1.2 christos claims and warranties, and if a court requires any other Contributor to
195 1.1.1.2 christos pay any damages as a result, the Commercial Contributor must pay
196 1.1.1.2 christos those damages.
197 1.1.1.2 christos
198 1.1.1.2 christos 5. NO WARRANTY
199 1.1.1.2 christos
200 1.1.1.2 christos EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
201 1.1.1.2 christos PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"
202 1.1.1.2 christos BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
203 1.1.1.2 christos IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
204 1.1.1.2 christos TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
205 1.1.1.2 christos PURPOSE. Each Recipient is solely responsible for determining the
206 1.1.1.2 christos appropriateness of using and distributing the Program and assumes all
207 1.1.1.2 christos risks associated with its exercise of rights under this Agreement,
208 1.1.1.2 christos including but not limited to the risks and costs of program errors,
209 1.1.1.2 christos compliance with applicable laws, damage to or loss of data, programs
210 1.1.1.2 christos or equipment, and unavailability or interruption of operations.
211 1.1.1.2 christos
212 1.1.1.2 christos 6. DISCLAIMER OF LIABILITY
213 1.1.1.2 christos
214 1.1.1.2 christos EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
215 1.1.1.2 christos PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
216 1.1.1.2 christos SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
217 1.1.1.2 christos EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
218 1.1.1.2 christos PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
219 1.1.1.2 christos CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
220 1.1.1.2 christos ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
221 1.1.1.2 christos EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
222 1.1.1.2 christos POSSIBILITY OF SUCH DAMAGES.
223 1.1.1.2 christos
224 1.1.1.2 christos 7. GENERAL
225 1.1.1.2 christos
226 1.1.1.2 christos If any provision of this Agreement is invalid or unenforceable under
227 1.1.1.2 christos applicable law, it shall not affect the validity or enforceability of
228 1.1.1.2 christos the remainder of the terms of this Agreement, and without further
229 1.1.1.2 christos action by the parties hereto, such provision shall be reformed to the
230 1.1.1.2 christos minimum extent necessary to make such provision valid and enforceable.
231 1.1.1.2 christos
232 1.1.1.2 christos If Recipient institutes patent litigation against any entity
233 1.1.1.2 christos (including a cross-claim or counterclaim in a lawsuit) alleging that the
234 1.1.1.2 christos Program itself (excluding combinations of the Program with other software
235 1.1.1.2 christos or hardware) infringes such Recipient's patent(s), then such Recipient's
236 1.1.1.2 christos rights granted under Section 2(b) shall terminate as of the date such
237 1.1.1.2 christos litigation is filed.
238 1.1.1.2 christos
239 1.1.1.2 christos All Recipient's rights under this Agreement shall terminate if it
240 1.1.1.2 christos fails to comply with any of the material terms or conditions of this
241 1.1.1.2 christos Agreement and does not cure such failure in a reasonable period of
242 1.1.1.2 christos time after becoming aware of such noncompliance. If all Recipient's
243 1.1.1.2 christos rights under this Agreement terminate, Recipient agrees to cease use
244 1.1.1.2 christos and distribution of the Program as soon as reasonably practicable.
245 1.1.1.2 christos However, Recipient's obligations under this Agreement and any licenses
246 1.1.1.2 christos granted by Recipient relating to the Program shall continue and survive.
247 1.1.1.2 christos
248 1.1.1.2 christos Everyone is permitted to copy and distribute copies of this Agreement,
249 1.1.1.2 christos but in order to avoid inconsistency the Agreement is copyrighted and
250 1.1.1.2 christos may only be modified in the following manner. The Agreement Steward
251 1.1.1.2 christos reserves the right to publish new versions (including revisions) of
252 1.1.1.2 christos this Agreement from time to time. No one other than the Agreement
253 1.1.1.2 christos Steward has the right to modify this Agreement. The Eclipse Foundation
254 1.1.1.2 christos is the initial Agreement Steward. The Eclipse Foundation may assign the
255 1.1.1.2 christos responsibility to serve as the Agreement Steward to a suitable separate
256 1.1.1.2 christos entity. Each new version of the Agreement will be given a distinguishing
257 1.1.1.2 christos version number. The Program (including Contributions) may always be
258 1.1.1.2 christos Distributed subject to the version of the Agreement under which it was
259 1.1.1.2 christos received. In addition, after a new version of the Agreement is published,
260 1.1.1.2 christos Contributor may elect to Distribute the Program (including its
261 1.1.1.2 christos Contributions) under the new version.
262 1.1.1.2 christos
263 1.1.1.2 christos Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
264 1.1.1.2 christos receives no rights or licenses to the intellectual property of any
265 1.1.1.2 christos Contributor under this Agreement, whether expressly, by implication,
266 1.1.1.2 christos estoppel or otherwise. All rights in the Program not expressly granted
267 1.1.1.2 christos under this Agreement are reserved. Nothing in this Agreement is intended
268 1.1.1.2 christos to be enforceable by any entity that is not a Contributor or Recipient.
269 1.1.1.2 christos No third-party beneficiary rights are created under this Agreement.
270 1.1.1.2 christos
271 1.1.1.2 christos Exhibit A - Form of Secondary Licenses Notice
272 1.1.1.2 christos
273 1.1.1.2 christos "This Source Code may also be made available under the following
274 1.1.1.2 christos Secondary Licenses when the conditions for such availability set forth
275 1.1.1.2 christos in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
276 1.1.1.2 christos version(s), and exceptions or additional permissions here}."
277 1.1.1.2 christos
278 1.1.1.2 christos Simply including a copy of this Agreement, including this Exhibit A
279 1.1.1.2 christos is not sufficient to license the Source Code under Secondary Licenses.
280 1.1.1.2 christos
281 1.1.1.2 christos If it is not possible or desirable to put the notice in a particular
282 1.1.1.2 christos file, then You may include the notice in a location (such as a LICENSE
283 1.1.1.2 christos file in a relevant directory) where a recipient would be likely to
284 1.1.1.2 christos look for such a notice.
285 1.1.1.2 christos
286 1.1.1.2 christos You may add additional accurate notices of copyright ownership.
287 1.1.1.2 christos
288 1.1 tron IBM PUBLIC LICENSE VERSION 1.0 - SECURE MAILER
289 1.1 tron
290 1.1 tron THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC
291 1.1 tron LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
292 1.1 tron PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
293 1.1 tron
294 1.1 tron 1. DEFINITIONS
295 1.1 tron
296 1.1 tron "Contribution" means:
297 1.1 tron a) in the case of International Business Machines Corporation ("IBM"),
298 1.1 tron the Original Program, and
299 1.1 tron b) in the case of each Contributor,
300 1.1 tron i) changes to the Program, and
301 1.1 tron ii) additions to the Program;
302 1.1 tron where such changes and/or additions to the Program originate
303 1.1 tron from and are distributed by that particular Contributor.
304 1.1 tron A Contribution 'originates' from a Contributor if it was added
305 1.1 tron to the Program by such Contributor itself or anyone acting on
306 1.1 tron such Contributor's behalf.
307 1.1 tron Contributions do not include additions to the Program which:
308 1.1 tron (i) are separate modules of software distributed in conjunction
309 1.1 tron with the Program under their own license agreement, and
310 1.1 tron (ii) are not derivative works of the Program.
311 1.1 tron
312 1.1 tron "Contributor" means IBM and any other entity that distributes the Program.
313 1.1 tron
314 1.1 tron "Licensed Patents " mean patent claims licensable by a Contributor which
315 1.1 tron are necessarily infringed by the use or sale of its Contribution alone
316 1.1 tron or when combined with the Program.
317 1.1 tron
318 1.1 tron "Original Program" means the original version of the software accompanying
319 1.1 tron this Agreement as released by IBM, including source code, object code
320 1.1 tron and documentation, if any.
321 1.1 tron
322 1.1 tron "Program" means the Original Program and Contributions.
323 1.1 tron
324 1.1 tron "Recipient" means anyone who receives the Program under this Agreement,
325 1.1 tron including all Contributors.
326 1.1 tron
327 1.1 tron 2. GRANT OF RIGHTS
328 1.1 tron
329 1.1 tron a) Subject to the terms of this Agreement, each Contributor hereby
330 1.1 tron grants Recipient a non-exclusive, worldwide, royalty-free copyright
331 1.1 tron license to reproduce, prepare derivative works of, publicly display,
332 1.1 tron publicly perform, distribute and sublicense the Contribution of such
333 1.1 tron Contributor, if any, and such derivative works, in source code and
334 1.1 tron object code form.
335 1.1 tron
336 1.1 tron b) Subject to the terms of this Agreement, each Contributor hereby
337 1.1 tron grants Recipient a non-exclusive, worldwide, royalty-free patent
338 1.1 tron license under Licensed Patents to make, use, sell, offer to sell,
339 1.1 tron import and otherwise transfer the Contribution of such Contributor,
340 1.1 tron if any, in source code and object code form. This patent license
341 1.1 tron shall apply to the combination of the Contribution and the Program
342 1.1 tron if, at the time the Contribution is added by the Contributor, such
343 1.1 tron addition of the Contribution causes such combination to be covered
344 1.1 tron by the Licensed Patents. The patent license shall not apply to any
345 1.1 tron other combinations which include the Contribution. No hardware per
346 1.1 tron se is licensed hereunder.
347 1.1 tron
348 1.1 tron c) Recipient understands that although each Contributor grants the
349 1.1 tron licenses to its Contributions set forth herein, no assurances are
350 1.1 tron provided by any Contributor that the Program does not infringe the
351 1.1 tron patent or other intellectual property rights of any other entity.
352 1.1 tron Each Contributor disclaims any liability to Recipient for claims
353 1.1 tron brought by any other entity based on infringement of intellectual
354 1.1 tron property rights or otherwise. As a condition to exercising the rights
355 1.1 tron and licenses granted hereunder, each Recipient hereby assumes sole
356 1.1 tron responsibility to secure any other intellectual property rights
357 1.1 tron needed, if any. For example, if a third party patent license
358 1.1 tron is required to allow Recipient to distribute the Program, it is
359 1.1 tron Recipient's responsibility to acquire that license before distributing
360 1.1 tron the Program.
361 1.1 tron
362 1.1 tron d) Each Contributor represents that to its knowledge it has sufficient
363 1.1 tron copyright rights in its Contribution, if any, to grant the copyright
364 1.1 tron license set forth in this Agreement.
365 1.1 tron
366 1.1 tron 3. REQUIREMENTS
367 1.1 tron
368 1.1 tron A Contributor may choose to distribute the Program in object code form
369 1.1 tron under its own license agreement, provided that:
370 1.1 tron a) it complies with the terms and conditions of this Agreement; and
371 1.1 tron b) its license agreement:
372 1.1 tron i) effectively disclaims on behalf of all Contributors all
373 1.1 tron warranties and conditions, express and implied, including
374 1.1 tron warranties or conditions of title and non-infringement, and
375 1.1 tron implied warranties or conditions of merchantability and fitness
376 1.1 tron for a particular purpose;
377 1.1 tron ii) effectively excludes on behalf of all Contributors all
378 1.1 tron liability for damages, including direct, indirect, special,
379 1.1 tron incidental and consequential damages, such as lost profits;
380 1.1 tron iii) states that any provisions which differ from this Agreement
381 1.1 tron are offered by that Contributor alone and not by any other
382 1.1 tron party; and
383 1.1 tron iv) states that source code for the Program is available from
384 1.1 tron such Contributor, and informs licensees how to obtain it in a
385 1.1 tron reasonable manner on or through a medium customarily used for
386 1.1 tron software exchange.
387 1.1 tron
388 1.1 tron When the Program is made available in source code form:
389 1.1 tron a) it must be made available under this Agreement; and
390 1.1 tron b) a copy of this Agreement must be included with each copy of the
391 1.1 tron Program.
392 1.1 tron
393 1.1 tron Each Contributor must include the following in a conspicuous location
394 1.1 tron in the Program:
395 1.1 tron
396 1.1 tron Copyright (c) 1997,1998,1999, International Business Machines
397 1.1 tron Corporation and others. All Rights Reserved.
398 1.1 tron
399 1.1 tron In addition, each Contributor must identify itself as the originator of
400 1.1 tron its Contribution, if any, in a manner that reasonably allows subsequent
401 1.1 tron Recipients to identify the originator of the Contribution.
402 1.1 tron
403 1.1 tron 4. COMMERCIAL DISTRIBUTION
404 1.1 tron
405 1.1 tron Commercial distributors of software may accept certain responsibilities
406 1.1 tron with respect to end users, business partners and the like. While this
407 1.1 tron license is intended to facilitate the commercial use of the Program, the
408 1.1 tron Contributor who includes the Program in a commercial product offering
409 1.1 tron should do so in a manner which does not create potential liability for
410 1.1 tron other Contributors. Therefore, if a Contributor includes the Program in
411 1.1 tron a commercial product offering, such Contributor ("Commercial Contributor")
412 1.1 tron hereby agrees to defend and indemnify every other Contributor
413 1.1 tron ("Indemnified Contributor") against any losses, damages and costs
414 1.1 tron (collectively "Losses") arising from claims, lawsuits and other legal
415 1.1 tron actions brought by a third party against the Indemnified Contributor to
416 1.1 tron the extent caused by the acts or omissions of such Commercial Contributor
417 1.1 tron in connection with its distribution of the Program in a commercial
418 1.1 tron product offering. The obligations in this section do not apply to any
419 1.1 tron claims or Losses relating to any actual or alleged intellectual property
420 1.1 tron infringement. In order to qualify, an Indemnified Contributor must:
421 1.1 tron a) promptly notify the Commercial Contributor in writing of such claim,
422 1.1 tron and
423 1.1 tron b) allow the Commercial Contributor to control, and cooperate with
424 1.1 tron the Commercial Contributor in, the defense and any related
425 1.1 tron settlement negotiations. The Indemnified Contributor may
426 1.1 tron participate in any such claim at its own expense.
427 1.1 tron
428 1.1 tron For example, a Contributor might include the Program in a commercial
429 1.1 tron product offering, Product X. That Contributor is then a Commercial
430 1.1 tron Contributor. If that Commercial Contributor then makes performance
431 1.1 tron claims, or offers warranties related to Product X, those performance
432 1.1 tron claims and warranties are such Commercial Contributor's responsibility
433 1.1 tron alone. Under this section, the Commercial Contributor would have to
434 1.1 tron defend claims against the other Contributors related to those performance
435 1.1 tron claims and warranties, and if a court requires any other Contributor to
436 1.1 tron pay any damages as a result, the Commercial Contributor must pay those
437 1.1 tron damages.
438 1.1 tron
439 1.1 tron 5. NO WARRANTY
440 1.1 tron
441 1.1 tron EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
442 1.1 tron ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
443 1.1 tron EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
444 1.1 tron CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
445 1.1 tron PARTICULAR PURPOSE. Each Recipient is solely responsible for determining
446 1.1 tron the appropriateness of using and distributing the Program and assumes
447 1.1 tron all risks associated with its exercise of rights under this Agreement,
448 1.1 tron including but not limited to the risks and costs of program errors,
449 1.1 tron compliance with applicable laws, damage to or loss of data, programs or
450 1.1 tron equipment, and unavailability or interruption of operations.
451 1.1 tron
452 1.1 tron 6. DISCLAIMER OF LIABILITY
453 1.1 tron
454 1.1 tron EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
455 1.1 tron ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
456 1.1 tron INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
457 1.1 tron WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
458 1.1 tron LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
459 1.1 tron NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION
460 1.1 tron OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
461 1.1 tron ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
462 1.1 tron
463 1.1 tron 7. GENERAL
464 1.1 tron
465 1.1 tron If any provision of this Agreement is invalid or unenforceable under
466 1.1 tron applicable law, it shall not affect the validity or enforceability of
467 1.1 tron the remainder of the terms of this Agreement, and without further action
468 1.1 tron by the parties hereto, such provision shall be reformed to the minimum
469 1.1 tron extent necessary to make such provision valid and enforceable.
470 1.1 tron
471 1.1 tron If Recipient institutes patent litigation against a Contributor with
472 1.1 tron respect to a patent applicable to software (including a cross-claim or
473 1.1 tron counterclaim in a lawsuit), then any patent licenses granted by that
474 1.1 tron Contributor to such Recipient under this Agreement shall terminate
475 1.1 tron as of the date such litigation is filed. In addition, If Recipient
476 1.1 tron institutes patent litigation against any entity (including a cross-claim
477 1.1 tron or counterclaim in a lawsuit) alleging that the Program itself (excluding
478 1.1 tron combinations of the Program with other software or hardware) infringes
479 1.1 tron such Recipient's patent(s), then such Recipient's rights granted under
480 1.1 tron Section 2(b) shall terminate as of the date such litigation is filed.
481 1.1 tron
482 1.1 tron All Recipient's rights under this Agreement shall terminate if it fails
483 1.1 tron to comply with any of the material terms or conditions of this Agreement
484 1.1 tron and does not cure such failure in a reasonable period of time after
485 1.1 tron becoming aware of such noncompliance. If all Recipient's rights under
486 1.1 tron this Agreement terminate, Recipient agrees to cease use and distribution
487 1.1 tron of the Program as soon as reasonably practicable. However, Recipient's
488 1.1 tron obligations under this Agreement and any licenses granted by Recipient
489 1.1 tron relating to the Program shall continue and survive.
490 1.1 tron
491 1.1 tron IBM may publish new versions (including revisions) of this Agreement
492 1.1 tron from time to time. Each new version of the Agreement will be given a
493 1.1 tron distinguishing version number. The Program (including Contributions)
494 1.1 tron may always be distributed subject to the version of the Agreement under
495 1.1 tron which it was received. In addition, after a new version of the Agreement
496 1.1 tron is published, Contributor may elect to distribute the Program (including
497 1.1 tron its Contributions) under the new version. No one other than IBM has the
498 1.1 tron right to modify this Agreement. Except as expressly stated in Sections
499 1.1 tron 2(a) and 2(b) above, Recipient receives no rights or licenses to the
500 1.1 tron intellectual property of any Contributor under this Agreement, whether
501 1.1 tron expressly, by implication, estoppel or otherwise. All rights in the
502 1.1 tron Program not expressly granted under this Agreement are reserved.
503 1.1 tron
504 1.1 tron This Agreement is governed by the laws of the State of New York and the
505 1.1 tron intellectual property laws of the United States of America. No party to
506 1.1 tron this Agreement will bring a legal action under this Agreement more than
507 1.1 tron one year after the cause of action arose. Each party waives its rights
508 1.1 tron to a jury trial in any resulting litigation.
509