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262 lines
15 KiB
HTML
262 lines
15 KiB
HTML
<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0//EN">
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<HTML>
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<HEAD>
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<TITLE>Common Public License - v 1.0</TITLE>
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<meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1">
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</HEAD>
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<BODY BGCOLOR="#FFFFFF" VLINK="#800000">
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<P ALIGN="CENTER"><B>Common Public License - v 1.0</B>
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<P><B></B><FONT SIZE="3"></FONT>
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<P><FONT SIZE="3"></FONT><FONT SIZE="2">THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
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AGREEMENT.</FONT>
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<P><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2"><B>1. DEFINITIONS</B></FONT>
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<P><FONT SIZE="2">"Contribution" means:</FONT>
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<UL><FONT SIZE="2">a) in the case of the initial Contributor, the initial code and documentation distributed under this
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Agreement, and<BR CLEAR="LEFT">
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b) in the case of each subsequent Contributor:</FONT></UL>
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<UL><FONT SIZE="2">i) changes to the Program, and</FONT></UL>
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<UL><FONT SIZE="2">ii) additions to the Program;</FONT></UL>
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<UL><FONT SIZE="2">where such changes and/or additions to the Program originate from and are distributed by that
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particular Contributor. </FONT><FONT SIZE="2">A Contribution 'originates' from a Contributor if it was added to the
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Program by such Contributor itself or anyone acting on such Contributor's behalf. </FONT><FONT SIZE="2">Contributions
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do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with
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the Program under their own license agreement, and (ii) are not derivative works of the Program. </FONT></UL>
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<P><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2">"Contributor" means any person or entity that distributes the Program.</FONT>
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<P><FONT SIZE="2"></FONT><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2">"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by
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the use or sale of its Contribution alone or when combined with the Program. </FONT>
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<P><FONT SIZE="2"></FONT><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2"></FONT><FONT SIZE="2">"Program" means the Contributions distributed in accordance with this
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Agreement.</FONT>
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<P><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2">"Recipient" means anyone who receives the Program under this Agreement, including all
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Contributors.</FONT>
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<P><FONT SIZE="2"><B></B></FONT>
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<P><FONT SIZE="2"><B>2. GRANT OF RIGHTS</B></FONT>
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<UL><FONT SIZE="2"></FONT><FONT SIZE="2">a) </FONT><FONT SIZE="2">Subject to the terms of this Agreement, each
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Contributor hereby grants</FONT><FONT SIZE="2"> Recipient a non-exclusive, worldwide, royalty-free copyright license
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to</FONT><FONT SIZE="2" COLOR="#FF0000"> </FONT><FONT SIZE="2">reproduce, prepare derivative works of, publicly
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display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative
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works, in source code and object code form.</FONT></UL>
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<UL><FONT SIZE="2"></FONT></UL>
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<UL><FONT SIZE="2"></FONT><FONT SIZE="2">b) Subject to the terms of this Agreement, each Contributor hereby
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grants </FONT><FONT SIZE="2">Recipient a non-exclusive, worldwide,</FONT><FONT SIZE="2" COLOR="#008000"> </FONT><FONT
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SIZE="2">royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise
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transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall
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apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the
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Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The
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patent license shall not apply to any other combinations which include the Contribution. No hardware per se is
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licensed hereunder. </FONT></UL>
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<UL><FONT SIZE="2"></FONT></UL>
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<UL><FONT SIZE="2">c) Recipient understands that although each Contributor grants the licenses to its Contributions set
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forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other
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intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims
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brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to
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exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any
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other intellectual property rights needed, if any. For example, if a third party patent license is required to allow
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Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the
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Program.</FONT></UL>
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<UL><FONT SIZE="2"></FONT></UL>
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<UL><FONT SIZE="2">d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its
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Contribution, if any, to grant the copyright license set forth in this Agreement. </FONT></UL>
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<UL><FONT SIZE="2"></FONT></UL>
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<P><FONT SIZE="2"><B>3. REQUIREMENTS</B></FONT>
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<P><FONT SIZE="2"><B></B>A Contributor may choose to distribute the Program in object code form under its own license
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agreement, provided that:</FONT>
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<UL><FONT SIZE="2">a) it complies with the terms and conditions of this Agreement; and</FONT></UL>
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<UL><FONT SIZE="2">b) its license agreement:</FONT></UL>
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<UL><FONT SIZE="2">i) effectively disclaims</FONT><FONT SIZE="2"> on behalf of all Contributors all warranties and
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conditions, express and implied, including warranties or conditions of title and non-infringement, and implied
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warranties or conditions of merchantability and fitness for a particular purpose; </FONT></UL>
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<UL><FONT SIZE="2">ii) effectively excludes on behalf of all Contributors all liability for damages, including direct,
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indirect, special, incidental and consequential damages, such as lost profits; </FONT></UL>
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<UL><FONT SIZE="2">iii)</FONT><FONT SIZE="2"> states that any provisions which differ from this Agreement are offered by
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that Contributor alone and not by any other party; and</FONT></UL>
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<UL><FONT SIZE="2">iv) states that source code for the Program is available from such Contributor, and informs licensees
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how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.</FONT><FONT
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SIZE="2" COLOR="#0000FF"> </FONT><FONT SIZE="2" COLOR="#FF0000"></FONT></UL>
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<UL><FONT SIZE="2" COLOR="#FF0000"></FONT><FONT SIZE="2"></FONT></UL>
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<P><FONT SIZE="2">When the Program is made available in source code form:</FONT>
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<UL><FONT SIZE="2">a) it must be made available under this Agreement; and </FONT></UL>
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<UL><FONT SIZE="2">b) a copy of this Agreement must be included with each copy of the Program. </FONT></UL>
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<P><FONT SIZE="2"></FONT><FONT SIZE="2" COLOR="#0000FF"><STRIKE></STRIKE></FONT>
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<P><FONT SIZE="2" COLOR="#0000FF"><STRIKE></STRIKE></FONT><FONT SIZE="2">Contributors may not remove or alter any
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copyright notices contained within the Program. </FONT>
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<P><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2">Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that
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reasonably allows subsequent Recipients to identify the originator of the Contribution. </FONT>
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<P><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2"><B>4. COMMERCIAL DISTRIBUTION</B></FONT>
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<P><FONT SIZE="2">Commercial distributors of software may accept certain responsibilities with respect to end users,
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business partners and the like. While this license is intended to facilitate the commercial use of the Program, the
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Contributor who includes the Program in a commercial product offering should do so in a manner which does not create
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potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product
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offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor
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("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims,
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lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by
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the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a
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commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any
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actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a)
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promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to
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control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The
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Indemnified Contributor may participate in any such claim at its own expense.</FONT>
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<P><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2">For example, a Contributor might include the Program in a commercial product offering, Product X. That
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Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers
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warranties related to Product X, those performance claims and warranties are such Commercial Contributor's
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responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other
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Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay
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any damages as a result, the Commercial Contributor must pay those damages.</FONT>
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<P><FONT SIZE="2"></FONT><FONT SIZE="2" COLOR="#0000FF"></FONT>
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<P><FONT SIZE="2" COLOR="#0000FF"></FONT><FONT SIZE="2"><B>5. NO WARRANTY</B></FONT>
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<P><FONT SIZE="2">EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT
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WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
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CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient
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is</FONT><FONT SIZE="2"> solely responsible for determining the appropriateness of using and distributing </FONT><FONT
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SIZE="2">the Program</FONT><FONT SIZE="2"> and assumes all risks associated with its exercise of rights under this
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Agreement</FONT><FONT SIZE="2">, including but not limited to the risks and costs of program errors, compliance with
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applicable laws, damage to or loss of data, </FONT><FONT SIZE="2">programs or equipment, and unavailability or
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interruption of operations</FONT><FONT SIZE="2">. </FONT><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2"></FONT><FONT SIZE="2"><B>6. DISCLAIMER OF LIABILITY</B></FONT>
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<P><FONT SIZE="2"></FONT><FONT SIZE="2">EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
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CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
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DAMAGES </FONT><FONT SIZE="2">(INCLUDING WITHOUT LIMITATION LOST PROFITS),</FONT><FONT SIZE="2"> HOWEVER CAUSED AND ON
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ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
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ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGES.</FONT>
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<P><FONT SIZE="2"></FONT><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2"><B>7. GENERAL</B></FONT>
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<P><FONT SIZE="2"></FONT><FONT SIZE="2">If any provision of this Agreement is invalid or unenforceable under applicable
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law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without
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further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such
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provision valid and enforceable.</FONT>
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<P><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2">If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to
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software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor
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to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if
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Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit)
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alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes
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such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date
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such litigation is filed. </FONT><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2">All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the
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material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after
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becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to
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cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under
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this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. </FONT><FONT
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SIZE="2"></FONT>
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<P><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2"></FONT><FONT SIZE="2">Everyone is permitted to copy and distribute copies of this Agreement, but in
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order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The
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Agreement Steward reserves the right to </FONT><FONT SIZE="2">publish new versions (including revisions) of this
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Agreement from time to </FONT><FONT SIZE="2">time. No one other than the Agreement Steward has the right to modify
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this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement
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Steward to a suitable separate entity. </FONT><FONT SIZE="2">Each new version of the Agreement will be given a
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distinguishing version number. The Program (including Contributions) may always be distributed subject to the version
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of the Agreement under which it was received. In addition, after a new version of the Agreement is published,
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Contributor may elect to distribute the Program (including its Contributions) under the new </FONT><FONT SIZE="2">version. </FONT><FONT
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SIZE="2">Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the
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intellectual property of any Contributor under this Agreement, whether expressly, </FONT><FONT SIZE="2">by
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implication, estoppel or otherwise</FONT><FONT SIZE="2">.</FONT><FONT SIZE="2"> All rights in the Program not
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expressly granted under this Agreement are reserved.</FONT>
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<P><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2">This Agreement is governed by the laws of the State of New York and the intellectual property laws of
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the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one
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year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.</FONT>
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<P><FONT SIZE="2"></FONT><FONT SIZE="2"></FONT>
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<P><FONT SIZE="2"></FONT>
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</BODY>
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</HTML> |