Common Public License

From: Subject: Common Public License - v 1.0 Date: Sun, 21 Jan 2007 09:08:54 +0100 MIME-Version: 1.0 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.openquasar.de/de/quasar/cpl-v10_sdm.html X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3028 Common Public License - v 1.0

Common Public License - v 1.0 (sd&m AG) =

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS = OF THIS=20 COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR = DISTRIBUTION OF=20 THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. THIS = AGREEMENT=20 IS BASED ON THE INITIAL COMMON PUBLIC LICENSE OF IBM=20 (http://www.eclipse.org/legal/cpl-v10.html)

1. DEFINITIONS

"Contribution" means:

a) in the case of the initial Contributor, the = initial code=20 and documentation distributed under this Agreement, and
b) in=20 the case of each subsequent Contributor:

i) changes to the Program, and

ii) additions to the Program;

where such changes and/or additions to the Program = originate=20 from and are distributed by that particular Contributor.

A=20 Contribution 'originates' from a Contributor if it was added to the = Program by=20 such Contributor itself or anyone acting on such Contributor's behalf. =

Contributions do not include additions to the = Program=20 which: (i) are separate modules of software distributed in conjunction = with=20 the Program under their own license agreement, and (ii) are not = derivative=20 works of the Program.

"Contributor" means any person or entity that = distributes the=20 Program.

"Licensed Patents " mean patent claims licensable by a = Contributor which are necessarily infringed by the use or sale of its=20 Contribution alone or when combined with the Program.

"Program" means the = Contributions=20 distributed in accordance with this Agreement.

"Recipient" means anyone who receives the Program = under this=20 Agreement, including all Contributors.

2. GRANT OF RIGHTS

Subject to the=20 terms of this Agreement, each Contributor hereby grants

=20 Recipient a non-exclusive, worldwide, royalty-free copyright license=20 to

reproduce, prepare=20 derivative works of, publicly display, publicly perform, distribute = and=20 sublicense the Contribution of such Contributor, if any, and such = derivative=20 works, in source code and object code form.

b) Subject to the terms of this = Agreement, each Contributor hereby grants

Recipient a=20 non-exclusive, worldwide,

royalty-free patent license under Licensed Patents to make, = use, sell,=20 offer to sell, import and otherwise transfer the Contribution of such=20 Contributor, if any, in source code and object code form. This patent = license=20 shall apply to the combination of the Contribution and the Program if, = at the=20 time the Contribution is added by the Contributor, such addition of = the=20 Contribution causes such combination to be covered by the Licensed = Patents.=20 The patent license shall not apply to any other combinations which = include the=20 Contribution. No hardware per se is licensed hereunder.

c) Recipient understands that although each = Contributor=20 grants the licenses to its Contributions set forth herein, no = assurances are=20 provided by any Contributor that the Program does not infringe the = patent or=20 other intellectual property rights of any other entity. Each = Contributor=20 disclaims any liability to Recipient for claims brought by any other = entity=20 based on infringement of intellectual property rights or otherwise. As = a=20 condition to exercising the rights and licenses granted hereunder, = each=20 Recipient hereby assumes sole responsibility to secure any other = intellectual=20 property rights needed, if any. For example, if a third party patent = license=20 is required to allow Recipient to distribute the Program, it is = Recipient's=20 responsibility to acquire that license before distributing the = Program.

d) Each Contributor represents that to its knowledge = it has=20 sufficient copyright rights in its Contribution, if any, to grant the=20 copyright license set forth in this Agreement.

3. REQUIREMENTS

A Contributor may choose to distribute the = Program in=20 object code form under its own license agreement, provided that: =

a) it complies with the terms and conditions of this=20 Agreement; and

b) its license agreement:

i) effectively disclaims

on = behalf of all=20 Contributors all warranties and conditions, express and implied, = including=20 warranties or conditions of title and non-infringement, and implied = warranties=20 or conditions of merchantability and fitness for a particular purpose; =

ii) effectively excludes on behalf of all = Contributors all=20 liability for damages, including direct, indirect, special, incidental = and=20 consequential damages, such as lost profits;

iii)

states that any provisions = which=20 differ from this Agreement are offered by that Contributor alone and = not by=20 any other party; and

iv) states that source code for the Program is = available from=20 such Contributor, and informs licensees how to obtain it in a = reasonable=20 manner on or through a medium customarily used for software=20 exchange.

When the Program is made available in source code = form:=20

a) it must be made available under this Agreement; = and=20

b) a copy of this Agreement must be included with = each copy=20 of the Program.

Contributors=20 may not remove or alter any copyright notices contained within the = Program.=20

Each Contributor must identify itself as the = originator of its=20 Contribution, if any, in a manner that reasonably allows subsequent = Recipients=20 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.=20 While this license is intended to facilitate the commercial use of the = Program,=20 the Contributor who includes the Program in a commercial product = offering should=20 do so in a manner which does not create potential liability for other=20 Contributors. Therefore, if a Contributor includes the Program in a = commercial=20 product offering, such Contributor ("Commercial Contributor") hereby = agrees to=20 defend and indemnify every other Contributor ("Indemnified Contributor") = against=20 any losses, damages and costs (collectively "Losses") arising from = claims,=20 lawsuits and other legal actions brought by a third party against the=20 Indemnified Contributor to the extent caused by the acts or omissions of = such=20 Commercial Contributor in connection with its distribution of the = Program in a=20 commercial product offering. The obligations in this section do not = apply to any=20 claims or Losses relating to any actual or alleged intellectual property = infringement. In order to qualify, an Indemnified Contributor must: a) = promptly=20 notify the Commercial Contributor in writing of such claim, and b) allow = the=20 Commercial Contributor to control, and cooperate with the Commercial = Contributor=20 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=20 commercial product offering, Product X. That Contributor is then a = Commercial=20 Contributor. If that Commercial Contributor then makes performance = claims, or=20 offers warranties related to Product X, those performance claims and = warranties=20 are such Commercial Contributor's responsibility alone. Under this = section, the=20 Commercial Contributor would have to defend claims against the other=20 Contributors related to those performance claims and warranties, and if = a court=20 requires any other Contributor to pay any damages as a result, the = Commercial=20 Contributor must pay those damages.

5. NO = WARRANTY=20

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE = PROGRAM IS=20 PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY = KIND,=20 EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES = OR=20 CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A=20 PARTICULAR PURPOSE. Each Recipient is solely = responsible for=20 determining the appropriateness of using and distributing the Program and assumes all risks = associated with its=20 exercise of rights under this Agreement, including = but not=20 limited to the risks and costs of program errors, compliance with = applicable=20 laws, damage to or loss of data, programs or = equipment, and=20 unavailability or interruption of operations. =

6. DISCLAIMER OF = LIABILITY=20

EXCEPT AS EXPRESSLY SET FORTH IN = THIS=20 AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY = LIABILITY FOR=20 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL = DAMAGES=20 (INCLUDING WITHOUT LIMITATION LOST = PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN = CONTRACT,=20 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN = ANY WAY=20 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY = RIGHTS=20 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH = DAMAGES.=20

7. GENERAL

If any provision of this = Agreement is=20 invalid or unenforceable under applicable law, it shall not affect the = validity=20 or enforceability of the remainder of the terms of this Agreement, and = without=20 further action by the parties hereto, such provision shall be reformed = to the=20 minimum extent necessary to make such provision valid and = enforceable.=20

If Recipient institutes patent litigation against a = Contributor=20 with respect to a patent applicable to software (including a cross-claim = or=20 counterclaim in a lawsuit), then any patent licenses granted by that = Contributor=20 to such Recipient under this Agreement shall terminate as of the date = such=20 litigation is filed. In addition, if Recipient institutes patent = litigation=20 against any entity (including a cross-claim or counterclaim in a = lawsuit)=20 alleging that the Program itself (excluding combinations of the Program = with=20 other software or hardware) infringes such Recipient's patent(s), then = such=20 Recipient's rights granted under Section 2(b) shall terminate as of the = date=20 such litigation is filed.

All Recipient's rights under this Agreement shall = terminate if=20 it fails to comply with any of the material terms or conditions of this=20 Agreement and does not cure such failure in a reasonable period of time = after=20 becoming aware of such noncompliance. If all Recipient's rights under = this=20 Agreement terminate, Recipient agrees to cease use and distribution of = the=20 Program as soon as reasonably practicable. However, Recipient's = obligations=20 under this Agreement and any licenses granted by Recipient relating to = the=20 Program shall continue and survive.

Everyone is permitted to copy and distribute copies of = this=20 Agreement, but in order to avoid inconsistency the Agreement is = copyrighted and=20 may only be modified in the following manner. The Agreement Steward = reserves the=20 right to publish new versions (including = revisions) of this=20 Agreement from time to time. No one other than the = Agreement=20 Steward has the right to modify this Agreement. software design & = management=20 AG is the initial Agreement Steward. software = design=20 & management AG may assign the responsibility = to serve=20 as the Agreement Steward to a suitable separate entity. Each=20 new version of the Agreement will be given a distinguishing version = number. The=20 Program (including Contributions) may always be distributed subject to = the=20 version of the Agreement under which it was received. In addition, after = a new=20 version of the Agreement is published, Contributor may elect to = distribute the=20 Program (including its Contributions) under the new version.=20 Except as expressly stated in Sections 2(a) and = 2(b) above,=20 Recipient receives no rights or licenses to the intellectual property of = any=20 Contributor under this Agreement, whether expressly, by=20 implication, estoppel or otherwise. All=20 rights in the Program not expressly granted under this Agreement are=20 reserved.

This Agreement is governed by the laws of the State of = New York=20 and the intellectual property laws of the United States of America. No = party to=20 this Agreement will bring a legal action under this Agreement more than = one year=20 after the cause of action arose. Each party waives its rights to a jury = trial in=20 any resulting litigation.