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
