IBM Public License 1.0

From MattWiki
Jump to: navigation, search

IBM Public License Version 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBMPUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTIONOF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:

  1. in the case of International Business Machines Corporation ("IBM"), the Original Program, and
  2. in the case of each Contributor,
    1. changes to the Program, and
    2. additions to the Program; where such changes and/or additions to the Program originate from andare distributed by that particular Contributor. A Contribution'originates' from a Contributor if it was added to the Program bysuch Contributor itself or anyone acting on such Contributor'sbehalf. Contributions do not include additions to the Program which:(i) are separate modules of software distributed in conjunction withthe Program under their own license agreement, and (ii) are notderivative works of the Program.

"Contributor" means IBM and any other entity that distributes the Program.

"Licensed Patents " mean patent claims licensable by aContributor which are necessarily infringed by the use or sale of itsContribution alone or when combined with the Program.

"Original Program" means the original version of the softwareaccompanying this Agreement as released by IBM, including sourcecode, object code and documentation, if any.

"Program" means the Original Program and Contributions.

"Recipient" means anyone who receives the Program under thisAgreement, including all Contributors.

2. GRANT OF RIGHTS

  1. Subject to the terms of this Agreement, each Contributor herebygrants Recipient a non-exclusive, worldwide, royalty-free copyrightlicense to reproduce, prepare derivative works of, publicly display,publicly perform, distribute and sublicense the Contribution of suchContributor, if any, and such derivative works, in source code andobject code form.
  2. Subject to the terms of this Agreement, each Contributor herebygrants Recipient a non-exclusive, worldwide, royalty-free patentlicense 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 licenseshall apply to the combination of the Contribution and the Programif, at the time the Contribution is added by the Contributor, suchaddition of the Contribution causes such combination to be covered bythe Licensed Patents. The patent license shall not apply to anyother combinations which include the Contribution. No hardware perse is licensed hereunder.
  3. Recipient understands that although each Contributor grants thelicenses to its Contributions set forth herein, no assurances areprovided by any Contributor that the Program does not infringe thepatent or other intellectual property rights of any other entity.Each Contributor disclaims any liability to Recipient for claimsbrought by any other entity based on infringement of intellectualproperty rights or otherwise. As a condition to exercising therights and licenses granted hereunder, each Recipient hereby assumessole responsibility to secure any other intellectual property rightsneeded, if any. For example, if a third party patent license isrequired to allow Recipient to distribute the Program, it isRecipient's responsibility to acquire that license beforedistributing the Program.
  4. Each Contributor represents that to its knowledge it hassufficient copyright rights in its Contribution, if any, to grant thecopyright license set forth in this Agreement.

3. REQUIREMENTS

A Contributor may choose to distributethe Program in object code form under its own license agreement,provided that:

  1. it complies with the terms and conditions of this Agreement; and
  2. its license agreement:
    1. effectively disclaims on behalf of all Contributors all warrantiesand conditions, express and implied, including warranties orconditions of title and non-infringement, and implied warranties orconditions of merchantability and fitness for a particular purpose;
    2. effectively excludes on behalf of all Contributors all liabilityfor damages, including direct, indirect, special, incidental andconsequential damages, such as lost profits;
    3. states that any provisions which differ from this Agreement areoffered by that Contributor alone and not by any other party; and
    4. states that source code for the Program is available from suchContributor, and informs licensees how to obtain it in a reasonablemanner on or through a medium customarily used for software exchange.

When the Program is made available in source code form:

  1. it must be made available under this Agreement; and
  2. a copy of this Agreement must be included with each copy of theProgram.

Each Contributor must include the following in a conspicuous location in the Program:

Copyright (C) 1996, 1999 International Business Machines Corporation and others. All Rights Reserved.

In addition, each Contributor must identify itself as the originatorof its Contribution, if any, in a manner that reasonably allowssubsequent Recipients to identify the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certainresponsibilities with respect to end users, business partners and thelike. While this license is intended to facilitate the commercialuse of the Program, the Contributor who includes the Program in acommercial product offering should do so in a manner which does notcreate potential liability for other Contributors. Therefore, if aContributor includes the Program in a commercial product offering,such Contributor ("Commercial Contributor") hereby agrees to defendand indemnify every other Contributor ("Indemnified Contributor")against any losses, damages and costs (collectively "Losses") arisingfrom claims, lawsuits and other legal actions brought by a thirdparty against the Indemnified Contributor to the extent caused by theacts or omissions of such Commercial Contributor in connection withits distribution of the Program in a commercial product offering.The obligations in this section do not apply to any claims or Lossesrelating to any actual or alleged intellectual property infringement.In order to qualify, an Indemnified Contributor must: a) promptlynotify the Commercial Contributor in writing of such claim, and b)allow the Commercial Contributor to control, and cooperate with theCommercial Contributor in, the defense and any related settlementnegotiations. The Indemnified Contributor may participate in anysuch claim at its own expense.

For example, a Contributor might include the Program in a commercialproduct offering, Product X. That Contributor is then a CommercialContributor. If that Commercial Contributor then makes performanceclaims, or offers warranties related to Product X, those performanceclaims and warranties are such Commercial Contributor'sresponsibility alone. Under this section, the Commercial Contributorwould have to defend claims against the other Contributors related tothose performance claims and warranties, and if a court requires anyother Contributor to pay any damages as a result, the CommercialContributor must pay those damages.

5. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM ISPROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANYKIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANYWARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solelyresponsible for determining the appropriateness of using anddistributing the Program and assumes all risks associated with itsexercise of rights under this Agreement, including but not limited tothe risks and costs of program errors, compliance with applicablelaws, damage to or loss of data, programs or equipment, andunavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENTNOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ONANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, ORTORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OFTHE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTSGRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is invalid or unenforceable underapplicable law, it shall not affect the validity or enforceability ofthe remainder of the terms of this Agreement, and without furtheraction by the parties hereto, such provision shall be reformed to theminimum extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against a Contributor withrespect to a patent applicable to software (including a cross-claimor counterclaim in a lawsuit), then any patent licenses granted bythat Contributor to such Recipient under this Agreement shallterminate as of the date such litigation is filed. In addition, ifRecipient institutes patent litigation against any entity (includinga cross-claim or counterclaim in a lawsuit) alleging that the Programitself (excluding combinations of the Program with other software orhardware) infringes such Recipient's patent(s), then such Recipient'srights granted under Section 2(b) shall terminate as of the date suchlitigation is filed.

All Recipient's rights under this Agreement shall terminate if itfails to comply with any of the material terms or conditions of thisAgreement and does not cure such failure in a reasonable period oftime after becoming aware of such noncompliance. If all Recipient'srights under this Agreement terminate, Recipient agrees to cease useand distribution of the Program as soon as reasonably practicable.However, Recipient's obligations under this Agreement and anylicenses granted by Recipient relating to the Program shall continueand survive.

IBM may publish new versions (including revisions) of this Agreementfrom time to time. Each new version of the Agreement will be given adistinguishing version number. The Program (including Contributions)may always be distributed subject to the version of the Agreementunder which it was received. In addition, after a new version of theAgreement is published, Contributor may elect to distribute theProgram (including its Contributions) under the new version. No oneother than IBM has the right to modify this Agreement. Except asexpressly stated in Sections 2(a) and 2(b) above, Recipient receivesno rights or licenses to the intellectual property of any Contributorunder this Agreement, whether expressly, by implication, estoppel orotherwise. All rights in the Program not expressly granted underthis Agreement are reserved.

This Agreement is governed by the laws of the State of New York andthe intellectual property laws of the United States of America. Noparty to this Agreement will bring a legal action under thisAgreement more than one year after the cause of action arose. Eachparty waives its rights to a jury trial in any resulting litigation.