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authorAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
committerAndrew Wilcox <AWilcox@Wilcox-Tech.com>2016-01-23 23:09:10 -0600
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+IBM Public License Version 1.0
+
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC
+LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
+CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
+
+1. DEFINITIONS
+
+"Contribution" means:
+
+a) in the case of International Business Machines Corporation ("IBM"),
+ the Original Program, and
+
+b) in the case of each Contributor,
+
+i) changes to the Program, and
+
+ii) additions to the Program;
+
+where such changes and/or additions to the Program originate from and are
+distributed by that particular Contributor. A Contribution 'originates'
+from a Contributor if it was added to the Program by such Contributor
+itself or anyone acting on such Contributor's behalf. Contributions do not
+include additions to the Program which: (i) are separate modules of
+software distributed in conjunction with the Program under their own
+license agreement, and (ii) are not derivative works of the Program.
+
+"Contributor" means IBM and any other entity that distributes the Program.
+
+"Licensed Patents " mean patent claims licensable by a Contributor which
+are necessarily infringed by the use or sale of its Contribution alone or
+when combined with the Program.
+
+"Original Program" means the original version of the software accompanying
+this Agreement as released by IBM, including source code, object code and
+documentation, if any.
+
+"Program" means the Original Program and Contributions.
+
+"Recipient" means anyone who receives the Program under this Agreement,
+including all Contributors.
+
+2. GRANT OF RIGHTS
+
+a) Subject to the terms of this Agreement, each Contributor hereby grants
+ Recipient a non-exclusive, worldwide, royalty-free copyright license to
+ reproduce, prepare derivative works of, publicly display, publicly
+ perform, distribute and sublicense the Contribution of such Contributor,
+ if any, and such derivative works, in source code and object code form.
+
+b) Subject to the terms of this Agreement, each Contributor hereby grants
+ Recipient a non-exclusive, worldwide, royalty-free patent license under
+ Licensed Patents to make, use, sell, offer to sell, import and otherwise
+ transfer the Contribution of such Contributor, if any, in source code
+ and object code form. This patent license shall apply to the combination
+ of the Contribution and the Program if, at the time the Contribution is
+ added by the Contributor, such addition of the Contribution causes such
+ combination to be covered by the Licensed Patents. The patent license
+ shall not apply to any other combinations which include the
+ Contribution. No hardware per se is licensed hereunder.
+
+c) Recipient understands that although each Contributor grants the licenses
+ to its Contributions set forth herein, no assurances are provided by any
+ Contributor that the Program does not infringe the patent or other
+ intellectual property rights of any other entity. Each Contributor
+ disclaims any liability to Recipient for claims brought by any other
+ entity based on infringement of intellectual property rights or
+ otherwise. As a condition to exercising the rights and licenses granted
+ hereunder, each Recipient hereby assumes sole responsibility to secure
+ any other intellectual property rights needed, if any. For example, if a
+ third party patent license is required to allow Recipient to distribute
+ the Program, it is Recipient's responsibility to acquire that license
+ before distributing the Program.
+
+d) Each Contributor represents that to its knowledge it has sufficient
+ copyright rights in its Contribution, if any, to grant the copyright
+ license set forth in this Agreement.
+
+3. REQUIREMENTS
+
+A Contributor may choose to distribute the Program in object code form
+under its own license agreement, provided that:
+
+a) it complies with the terms and conditions of this Agreement; and
+
+b) its license agreement:
+
+i) effectively disclaims on behalf of all Contributors all warranties and
+ conditions, express and implied, including warranties or conditions of
+ title and non-infringement, and implied warranties or conditions of
+ merchantability and fitness for a particular purpose;
+
+ii) effectively excludes on behalf of all Contributors all liability for
+ damages, including direct, indirect, special, incidental and
+ consequential damages, such as lost profits;
+
+iii) states that any provisions which differ from this Agreement are
+ offered by that Contributor alone and not by any other party; and
+
+iv) states that source code for the Program is available from such
+ Contributor, and informs licensees how to obtain it in a reasonable
+ manner on or through a medium customarily used for software exchange.
+
+When the Program is made available in source code form:
+
+a) it must be made available under this Agreement; and
+
+b) a copy of this Agreement must be included with each copy of the Program.
+
+Each Contributor must include the following in a conspicuous location in
+the Program:
+
+Copyright © {date here}, International Business Machines Corporation and
+others. All Rights Reserved.
+
+In addition, each Contributor must identify itself as the originator of its
+Contribution, if any, in a manner that reasonably allows subsequent
+Recipients to identify the originator of the Contribution.
+
+4. COMMERCIAL DISTRIBUTION
+
+Commercial distributors of software may accept certain responsibilities
+with respect to end users, business partners and the like. While this
+license is intended to facilitate the commercial use of the Program, the
+Contributor who includes the Program in a commercial product offering
+should do so in a manner which does not create potential liability for
+other Contributors. Therefore, if a Contributor includes the Program in a
+commercial product offering, such Contributor ("Commercial Contributor")
+hereby agrees to defend and indemnify every other Contributor ("Indemnified
+Contributor") against any losses, damages and costs (collectively "Losses")
+arising from claims, lawsuits and other legal actions brought by a third
+party against the Indemnified Contributor to the extent caused by the acts
+or omissions of such Commercial Contributor in connection with its
+distribution of the Program in a commercial product offering. The
+obligations in this section do not apply to any claims or Losses relating
+to any actual or alleged intellectual property infringement. In order to
+qualify, an Indemnified Contributor must: a) promptly notify the Commercial
+Contributor in writing of such claim, and b) allow the Commercial
+Contributor to control, and cooperate with the Commercial Contributor in,
+the defense and any related settlement negotiations. The Indemnified
+Contributor may participate in any such claim at its own expense.
+
+For example, a Contributor might include the Program in a commercial
+product offering, Product X. That Contributor is then a Commercial
+Contributor. If that Commercial Contributor then makes performance claims,
+or offers warranties related to Product X, those performance claims and
+warranties are such Commercial Contributor's responsibility alone. Under
+this section, the Commercial Contributor would have to defend claims
+against the other Contributors related to those performance claims and
+warranties, and if a court requires any other Contributor to pay any
+damages as a result, the Commercial Contributor must pay those damages.
+
+5. NO WARRANTY
+
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON
+AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
+EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
+CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
+PARTICULAR PURPOSE. Each Recipient is solely responsible for determining
+the appropriateness of using and distributing the Program and assumes all
+risks associated with its exercise of rights under this Agreement,
+including but not limited to the risks and costs of program errors,
+compliance with applicable laws, damage to or loss of data, programs or
+equipment, and unavailability or interruption of operations.
+
+6. DISCLAIMER OF LIABILITY
+
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
+CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
+SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
+LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
+CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
+ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
+EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
+POSSIBILITY OF SUCH DAMAGES.
+
+7. GENERAL
+
+If any provision of this Agreement is invalid or unenforceable under
+applicable law, it shall not affect the validity or enforceability of the
+remainder of the terms of this Agreement, and without further action by the
+parties hereto, such provision shall be reformed to the minimum extent
+necessary to make such provision valid and enforceable.
+
+If Recipient institutes patent litigation against a Contributor with
+respect to a patent applicable to software (including a cross-claim or
+counterclaim in a lawsuit), then any patent licenses granted by that
+Contributor to such Recipient under this Agreement shall terminate as of
+the date such litigation is filed. In addition, If Recipient institutes
+patent litigation against any entity (including a cross-claim or
+counterclaim in a lawsuit) alleging that the Program itself (excluding
+combinations of the Program with other software or hardware) infringes such
+Recipient's patent(s), then such Recipient's rights granted under Section
+2(b) shall terminate as of the date such litigation is filed.
+
+All Recipient's rights under this Agreement shall terminate if it fails to
+comply with any of the material terms or conditions of this Agreement and
+does not cure such failure in a reasonable period of time after becoming
+aware of such noncompliance. If all Recipient's rights under this Agreement
+terminate, Recipient agrees to cease use and distribution of the Program as
+soon as reasonably practicable. However, Recipient's obligations under this
+Agreement and any licenses granted by Recipient relating to the Program
+shall continue and survive.
+
+IBM may publish new versions (including revisions) of this Agreement from
+time to time. Each new version of the Agreement will be given a
+distinguishing version number. The Program (including Contributions) may
+always be distributed subject to the version of the Agreement under which
+it was received. In addition, after a new version of the Agreement is
+published, Contributor may elect to distribute the Program (including its
+Contributions) under the new version. No one other than IBM has the right
+to modify this Agreement. Except as expressly stated in Sections 2(a) and
+2(b) above, Recipient receives no rights or licenses to the intellectual
+property of any Contributor under this Agreement, whether expressly, by
+implication, estoppel or otherwise. All rights in the Program not expressly
+granted under this Agreement are reserved.
+
+This Agreement is governed by the laws of the State of New York and the
+intellectual property laws of the United States of America. No party to
+this Agreement will bring a legal action under this Agreement more than one
+year after the cause of action arose. Each party waives its rights to a
+jury trial in any resulting litigation.