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| <p ALIGN="CENTER"><big>IBM PUBLIC LICENSE - IBM’s Classes for Unicode VERSION 1.0</big></p> |
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| <p>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.</p> |
| <b> |
| |
| <p>1. DEFINITIONS</p> |
| </b> |
| |
| <p>"Contribution" means: </p> |
| |
| <blockquote> |
| <blockquote> |
| <p>a) in the case of International Business Machines Corporation ("IBM"), the |
| Original Program, and </p> |
| <p>b) in the case of each Contributor, </p> |
| <blockquote> |
| <p>i) changes to the Program, and</p> |
| <p>ii) additions to the Program;</p> |
| </blockquote> |
| </blockquote> |
| <p>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.</p> |
| </blockquote> |
| |
| <p>"Contributor" means IBM and any other entity that distributes the Program.</p> |
| |
| <p>"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. </p> |
| |
| <p>"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.</p> |
| |
| <p>"Program" means the Original Program and Contributions.</p> |
| |
| <p>"Recipient" means anyone who receives the Program under this Agreement, |
| including all Contributors.</p> |
| <b> |
| |
| <p>2. GRANT OF RIGHTS</p> |
| |
| <blockquote> |
| <blockquote> |
| </b><p>a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient |
| a non-exclusive, worldwide, royalty-free copyright license to<font COLOR="#ff0000"> </font>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.</p> |
| <p>b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a |
| non-exclusive, worldwide,<font COLOR="#008000"> </font>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. </p> |
| <p>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.</p> |
| <p>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. </p> |
| </blockquote> |
| </blockquote> |
| <b> |
| |
| <p>3. REQUIREMENTS</p> |
| </b> |
| |
| <p>A Contributor may choose to distribute the Program in object code form under its own |
| license agreement, provided that:</p> |
| |
| <blockquote> |
| <blockquote> |
| <p>a) it complies with the terms and conditions of this Agreement; and</p> |
| <p>b) its license agreement:</p> |
| <blockquote> |
| <p>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; </p> |
| <p>ii) effectively excludes on behalf of all Contributors all liability for damages, |
| including direct, indirect, special, incidental and consequential damages, such as lost |
| profits; </p> |
| <p>iii) states that any provisions which differ from this Agreement are offered by that |
| Contributor alone and not by any other party; and</p> |
| <p>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.<font COLOR="#0000ff"> </p> |
| </font> |
| </blockquote> |
| </blockquote> |
| </blockquote> |
| |
| <p>When the Program is made available in source code form:</p> |
| |
| <blockquote> |
| <blockquote> |
| <p>a) it must be made available under this Agreement; and </p> |
| <p>b) a copy of this Agreement must be included with each copy of the Program. </p> |
| <font COLOR="#0000ff"><strike> |
| </blockquote> |
| </blockquote> |
| </strike></font> |
| |
| <p>Each Contributor must include the following in a conspicuous location in the Program: </p> |
| |
| <blockquote> |
| <p>Copyright <font FACE="Times New Roman">©</font><font COLOR="#ff0000"> </font>1999, |
| International Business Machines Corporation and others. All Rights Reserved. </p> |
| </blockquote> |
| |
| <p>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. </p> |
| <b> |
| |
| <p>4. COMMERCIAL DISTRIBUTION</p> |
| </b> |
| |
| <p>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.</p> |
| |
| <p>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.</p> |
| <b> |
| |
| <p>5. NO WARRANTY</p> |
| </b> |
| |
| <p>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. </p> |
| <b> |
| |
| <p>6. DISCLAIMER OF LIABILITY</p> |
| </b> |
| |
| <p>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.</p> |
| <b> |
| |
| <p>7. GENERAL</p> |
| </b> |
| |
| <p>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.</p> |
| |
| <p>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. </p> |
| |
| <p>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. </p> |
| |
| <p>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.</p> |
| |
| <p>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. </p> |
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