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