00001 
00002 Commercial licences including full support and maintenance are
00003 available by negotiation with William Data Systems.
00004 Find your local office at http://www.willdata.com
00005 
00006 
00007 Common Public License Version 1.0
00008 
00009 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
00010 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
00011 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
00012 
00013 1. DEFINITIONS
00014 
00015 "Contribution" means:
00016 
00017 a) in the case of the initial Contributor, the initial code and
00018 documentation distributed under this Agreement, and
00019 
00020 b) in the case of each subsequent Contributor:
00021 
00022 i) changes to the Program, and
00023 
00024 ii) additions to the Program;
00025 
00026 where such changes and/or additions to the Program originate from and are
00027 distributed by that particular Contributor. A Contribution 'originates' from a
00028 Contributor if it was added to the Program by such Contributor itself or anyone
00029 acting on such Contributor's behalf. Contributions do not include additions to
00030 the Program which: (i) are separate modules of software distributed in
00031 conjunction with the Program under their own license agreement, and (ii) are not
00032 derivative works of the Program.
00033 
00034 "Contributor" means any person or entity that distributes the Program.
00035 
00036 "Licensed Patents " mean patent claims licensable by a Contributor which are
00037 necessarily infringed by the use or sale of its Contribution alone or when
00038 combined with the Program.
00039 
00040 "Program" means the Contributions distributed in accordance with this Agreement.
00041 
00042 "Recipient" means anyone who receives the Program under this Agreement,
00043 including all Contributors.
00044 
00045 2. GRANT OF RIGHTS
00046 
00047 a) Subject to the terms of this Agreement, each Contributor hereby grants
00048 Recipient a non-exclusive, worldwide, royalty-free copyright license to
00049 reproduce, prepare derivative works of, publicly display, publicly perform,
00050 distribute and sublicense the Contribution of such Contributor, if any, and such
00051 derivative works, in source code and object code form.
00052 
00053 b) Subject to the terms of this Agreement, each Contributor hereby grants
00054 Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
00055 Patents to make, use, sell, offer to sell, import and otherwise transfer the
00056 Contribution of such Contributor, if any, in source code and object code form.
00057 This patent license shall apply to the combination of the Contribution and the
00058 Program if, at the time the Contribution is added by the Contributor, such
00059 addition of the Contribution causes such combination to be covered by the
00060 Licensed Patents. The patent license shall not apply to any other combinations
00061 which include the Contribution. No hardware per se is licensed hereunder.
00062 
00063 c) Recipient understands that although each Contributor grants the licenses
00064 to its Contributions set forth herein, no assurances are provided by any
00065 Contributor that the Program does not infringe the patent or other intellectual
00066 property rights of any other entity. Each Contributor disclaims any liability to
00067 Recipient for claims brought by any other entity based on infringement of
00068 intellectual property rights or otherwise. As a condition to exercising the
00069 rights and licenses granted hereunder, each Recipient hereby assumes sole
00070 responsibility to secure any other intellectual property rights needed, if any.
00071 For example, if a third party patent license is required to allow Recipient to
00072 distribute the Program, it is Recipient's responsibility to acquire that license
00073 before distributing the Program.
00074 
00075 d) Each Contributor represents that to its knowledge it has sufficient
00076 copyright rights in its Contribution, if any, to grant the copyright license set
00077 forth in this Agreement.
00078 
00079 3. REQUIREMENTS
00080 
00081 A Contributor may choose to distribute the Program in object code form under its
00082 own license agreement, provided that:
00083 
00084 a) it complies with the terms and conditions of this Agreement; and
00085 
00086 b) its license agreement:
00087 
00088 i) effectively disclaims on behalf of all Contributors all warranties and
00089 conditions, express and implied, including warranties or conditions of title and
00090 non-infringement, and implied warranties or conditions of merchantability and
00091 fitness for a particular purpose;
00092 
00093 ii) effectively excludes on behalf of all Contributors all liability for
00094 damages, including direct, indirect, special, incidental and consequential
00095 damages, such as lost profits;
00096 
00097 iii) states that any provisions which differ from this Agreement are offered
00098 by that Contributor alone and not by any other party; and
00099 
00100 iv) states that source code for the Program is available from such
00101 Contributor, and informs licensees how to obtain it in a reasonable manner on or
00102 through a medium customarily used for software exchange.
00103 
00104 When the Program is made available in source code form:
00105 
00106 a) it must be made available under this Agreement; and
00107 
00108 b) a copy of this Agreement must be included with each copy of the Program.
00109 
00110 Contributors may not remove or alter any copyright notices contained within the
00111 Program.
00112 
00113 Each Contributor must identify itself as the originator of its Contribution, if
00114 any, in a manner that reasonably allows subsequent Recipients to identify the
00115 originator of the Contribution.
00116 
00117 4. COMMERCIAL DISTRIBUTION
00118 
00119 Commercial distributors of software may accept certain responsibilities with
00120 respect to end users, business partners and the like. While this license is
00121 intended to facilitate the commercial use of the Program, the Contributor who
00122 includes the Program in a commercial product offering should do so in a manner
00123 which does not create potential liability for other Contributors. Therefore, if
00124 a Contributor includes the Program in a commercial product offering, such
00125 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
00126 every other Contributor ("Indemnified Contributor") against any losses, damages
00127 and costs (collectively "Losses") arising from claims, lawsuits and other legal
00128 actions brought by a third party against the Indemnified Contributor to the
00129 extent caused by the acts or omissions of such Commercial Contributor in
00130 connection with its distribution of the Program in a commercial product
00131 offering. The obligations in this section do not apply to any claims or Losses
00132 relating to any actual or alleged intellectual property infringement. In order
00133 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
00134 Contributor in writing of such claim, and b) allow the Commercial Contributor to
00135 control, and cooperate with the Commercial Contributor in, the defense and any
00136 related settlement negotiations. The Indemnified Contributor may participate in
00137 any such claim at its own expense.
00138 
00139 For example, a Contributor might include the Program in a commercial product
00140 offering, Product X. That Contributor is then a Commercial Contributor. If that
00141 Commercial Contributor then makes performance claims, or offers warranties
00142 related to Product X, those performance claims and warranties are such
00143 Commercial Contributor's responsibility alone. Under this section, the
00144 Commercial Contributor would have to defend claims against the other
00145 Contributors related to those performance claims and warranties, and if a court
00146 requires any other Contributor to pay any damages as a result, the Commercial
00147 Contributor must pay those damages.
00148 
00149 5. NO WARRANTY
00150 
00151 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
00152 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
00153 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
00154 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
00155 Recipient is solely responsible for determining the appropriateness of using and
00156 distributing the Program and assumes all risks associated with its exercise of
00157 rights under this Agreement, including but not limited to the risks and costs of
00158 program errors, compliance with applicable laws, damage to or loss of data,
00159 programs or equipment, and unavailability or interruption of operations.
00160 
00161 6. DISCLAIMER OF LIABILITY
00162 
00163 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
00164 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
00165 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
00166 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
00167 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
00168 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
00169 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
00170 
00171 7. GENERAL
00172 
00173 If any provision of this Agreement is invalid or unenforceable under applicable
00174 law, it shall not affect the validity or enforceability of the remainder of the
00175 terms of this Agreement, and without further action by the parties hereto, such
00176 provision shall be reformed to the minimum extent necessary to make such
00177 provision valid and enforceable.
00178 
00179 If Recipient institutes patent litigation against a Contributor with respect to
00180 a patent applicable to software (including a cross-claim or counterclaim in a
00181 lawsuit), then any patent licenses granted by that Contributor to such Recipient
00182 under this Agreement shall terminate as of the date such litigation is filed. In
00183 addition, if Recipient institutes patent litigation against any entity
00184 (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
00185 itself (excluding combinations of the Program with other software or hardware)
00186 infringes such Recipient's patent(s), then such Recipient's rights granted under
00187 Section 2(b) shall terminate as of the date such litigation is filed.
00188 
00189 All Recipient's rights under this Agreement shall terminate if it fails to
00190 comply with any of the material terms or conditions of this Agreement and does
00191 not cure such failure in a reasonable period of time after becoming aware of
00192 such noncompliance. If all Recipient's rights under this Agreement terminate,
00193 Recipient agrees to cease use and distribution of the Program as soon as
00194 reasonably practicable. However, Recipient's obligations under this Agreement
00195 and any licenses granted by Recipient relating to the Program shall continue and
00196 survive.
00197 
00198 Everyone is permitted to copy and distribute copies of this Agreement, but in
00199 order to avoid inconsistency the Agreement is copyrighted and may only be
00200 modified in the following manner. The Agreement Steward reserves the right to
00201 publish new versions (including revisions) of this Agreement from time to time.
00202 No one other than the Agreement Steward has the right to modify this Agreement.
00203 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
00204 as the Agreement Steward to a suitable separate entity. Each new version of the
00205 Agreement will be given a distinguishing version number. The Program (including
00206 Contributions) may always be distributed subject to the version of the Agreement
00207 under which it was received. In addition, after a new version of the Agreement
00208 is published, Contributor may elect to distribute the Program (including its
00209 Contributions) under the new version. Except as expressly stated in Sections
00210 2(a) and 2(b) above, Recipient receives no rights or licenses to the
00211 intellectual property of any Contributor under this Agreement, whether
00212 expressly, by implication, estoppel or otherwise. All rights in the Program not
00213 expressly granted under this Agreement are reserved.
00214 
00215 This Agreement is governed by the laws of the State of New York and the
00216 intellectual property laws of the United States of America. No party to this
00217 Agreement will bring a legal action under this Agreement more than one year
00218 after the cause of action arose. Each party waives its rights to a jury trial in
00219 any resulting litigation.