SITools2

Common Public License Version 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON 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 the initial Contributor, the initial code and

documentation distributed under this Agreement, and

    b) in 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 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 any person or 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.

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

"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. 

Contributors may not remove or alter any copyright notices contained within the

Program.

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.

Everyone is permitted to copy and distribute copies of this Agreement, but in

order to avoid inconsistency the Agreement is copyrighted and may only be

modified in the following manner. The Agreement Steward reserves the right to

publish new versions (including revisions) of this Agreement from time to time.

No one other than the Agreement Steward has the right to modify this Agreement.

IBM is the initial Agreement Steward. IBM may assign the responsibility to serve

as the Agreement Steward to a suitable separate entity. 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. 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.