IBM PUBLIC LICENSE - IBM’s Components for Unicode in Java 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 © 1999, + 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.
+ + +