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