221 lines
12 KiB
Text
221 lines
12 KiB
Text
IBM PUBLIC LICENSE VERSION 1.0 - SECURE MAILER
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC
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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
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PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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1. DEFINITIONS
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"Contribution" means:
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a) in the case of International Business Machines Corporation ("IBM"),
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the Original Program, and
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b) in the case of each Contributor,
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i) changes to the Program, and
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ii) additions to the Program;
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where such changes and/or additions to the Program originate
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from and are distributed by that particular Contributor.
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A Contribution 'originates' from a Contributor if it was added
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to the Program by such Contributor itself or anyone acting on
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such Contributor's behalf.
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Contributions do not include additions to the Program which:
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(i) are separate modules of software distributed in conjunction
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with the Program under their own license agreement, and
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(ii) are not derivative works of the Program.
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"Contributor" means IBM and any other entity that distributes the Program.
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"Licensed Patents " mean patent claims licensable by a Contributor which
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are necessarily infringed by the use or sale of its Contribution alone
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or when combined with the Program.
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"Original Program" means the original version of the software accompanying
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this Agreement as released by IBM, including source code, object code
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and documentation, if any.
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"Program" means the Original Program and Contributions.
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"Recipient" means anyone who receives the Program under this Agreement,
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including all Contributors.
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2. GRANT OF RIGHTS
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a) Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free copyright
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license to reproduce, prepare derivative works of, publicly display,
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publicly perform, distribute and sublicense the Contribution of such
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Contributor, if any, and such derivative works, in source code and
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object code form.
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b) Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free patent
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license under Licensed Patents to make, use, sell, offer to sell,
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import and otherwise transfer the Contribution of such Contributor,
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if any, in source code and object code form. This patent license
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shall apply to the combination of the Contribution and the Program
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if, at the time the Contribution is added by the Contributor, such
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addition of the Contribution causes such combination to be covered
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by the Licensed Patents. The patent license shall not apply to any
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other combinations which include the Contribution. No hardware per
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se is licensed hereunder.
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c) Recipient understands that although each Contributor grants the
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licenses to its Contributions set forth herein, no assurances are
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provided by any Contributor that the Program does not infringe the
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patent or other intellectual property rights of any other entity.
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Each Contributor disclaims any liability to Recipient for claims
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brought by any other entity based on infringement of intellectual
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property rights or otherwise. As a condition to exercising the rights
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and licenses granted hereunder, each Recipient hereby assumes sole
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responsibility to secure any other intellectual property rights
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needed, if any. For example, if a third party patent license
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is required to allow Recipient to distribute the Program, it is
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Recipient's responsibility to acquire that license before distributing
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the Program.
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d) Each Contributor represents that to its knowledge it has sufficient
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copyright rights in its Contribution, if any, to grant the copyright
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license set forth in this Agreement.
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3. REQUIREMENTS
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A Contributor may choose to distribute the Program in object code form
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under its own license agreement, provided that:
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a) it complies with the terms and conditions of this Agreement; and
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b) its license agreement:
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i) effectively disclaims on behalf of all Contributors all
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warranties and conditions, express and implied, including
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warranties or conditions of title and non-infringement, and
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implied warranties or conditions of merchantability and fitness
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for a particular purpose;
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ii) effectively excludes on behalf of all Contributors all
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liability for damages, including direct, indirect, special,
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incidental and consequential damages, such as lost profits;
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iii) states that any provisions which differ from this Agreement
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are offered by that Contributor alone and not by any other
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party; and
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iv) states that source code for the Program is available from
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such Contributor, and informs licensees how to obtain it in a
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reasonable manner on or through a medium customarily used for
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software exchange.
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When the Program is made available in source code form:
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a) it must be made available under this Agreement; and
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b) a copy of this Agreement must be included with each copy of the
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Program.
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Each Contributor must include the following in a conspicuous location
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in the Program:
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Copyright (c) 1997,1998,1999, International Business Machines
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Corporation and others. All Rights Reserved.
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In addition, each Contributor must identify itself as the originator of
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its Contribution, if any, in a manner that reasonably allows subsequent
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Recipients to identify the originator of the Contribution.
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4. COMMERCIAL DISTRIBUTION
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Commercial distributors of software may accept certain responsibilities
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with respect to end users, business partners and the like. While this
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license is intended to facilitate the commercial use of the Program, the
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Contributor who includes the Program in a commercial product offering
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should do so in a manner which does not create potential liability for
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other Contributors. Therefore, if a Contributor includes the Program in
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a commercial product offering, such Contributor ("Commercial Contributor")
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hereby agrees to defend and indemnify every other Contributor
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("Indemnified Contributor") against any losses, damages and costs
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(collectively "Losses") arising from claims, lawsuits and other legal
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actions brought by a third party against the Indemnified Contributor to
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the extent caused by the acts or omissions of such Commercial Contributor
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in connection with its distribution of the Program in a commercial
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product offering. The obligations in this section do not apply to any
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claims or Losses relating to any actual or alleged intellectual property
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infringement. In order to qualify, an Indemnified Contributor must:
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a) promptly notify the Commercial Contributor in writing of such claim,
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and
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b) allow the Commercial Contributor to control, and cooperate with
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the Commercial Contributor in, the defense and any related
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settlement negotiations. The Indemnified Contributor may
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participate in any such claim at its own expense.
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For example, a Contributor might include the Program in a commercial
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product offering, Product X. That Contributor is then a Commercial
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Contributor. If that Commercial Contributor then makes performance
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claims, or offers warranties related to Product X, those performance
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claims and warranties are such Commercial Contributor's responsibility
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alone. Under this section, the Commercial Contributor would have to
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defend claims against the other Contributors related to those performance
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claims and warranties, and if a court requires any other Contributor to
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pay any damages as a result, the Commercial Contributor must pay those
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damages.
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5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
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ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
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EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
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CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
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PARTICULAR PURPOSE. Each Recipient is solely responsible for determining
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the appropriateness of using and distributing the Program and assumes
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all risks associated with its exercise of rights under this Agreement,
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including but not limited to the risks and costs of program errors,
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compliance with applicable laws, damage to or loss of data, programs or
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equipment, and unavailability or interruption of operations.
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6. DISCLAIMER OF LIABILITY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
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ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
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INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
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WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
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NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION
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OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. GENERAL
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If any provision of this Agreement is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of
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the remainder of the terms of this Agreement, and without further action
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by the parties hereto, such provision shall be reformed to the minimum
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extent necessary to make such provision valid and enforceable.
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If Recipient institutes patent litigation against a Contributor with
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respect to a patent applicable to software (including a cross-claim or
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counterclaim in a lawsuit), then any patent licenses granted by that
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Contributor to such Recipient under this Agreement shall terminate
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as of the date such litigation is filed. In addition, If Recipient
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institutes patent litigation against any entity (including a cross-claim
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or counterclaim in a lawsuit) alleging that the Program itself (excluding
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combinations of the Program with other software or hardware) infringes
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such Recipient's patent(s), then such Recipient's rights granted under
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Section 2(b) shall terminate as of the date such litigation is filed.
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All Recipient's rights under this Agreement shall terminate if it fails
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to comply with any of the material terms or conditions of this Agreement
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and does not cure such failure in a reasonable period of time after
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becoming aware of such noncompliance. If all Recipient's rights under
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this Agreement terminate, Recipient agrees to cease use and distribution
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of the Program as soon as reasonably practicable. However, Recipient's
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obligations under this Agreement and any licenses granted by Recipient
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relating to the Program shall continue and survive.
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IBM may publish new versions (including revisions) of this Agreement
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from time to time. Each new version of the Agreement will be given a
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distinguishing version number. The Program (including Contributions)
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may always be distributed subject to the version of the Agreement under
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which it was received. In addition, after a new version of the Agreement
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is published, Contributor may elect to distribute the Program (including
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its Contributions) under the new version. No one other than IBM has the
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right to modify this Agreement. Except as expressly stated in Sections
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2(a) and 2(b) above, Recipient receives no rights or licenses to the
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intellectual property of any Contributor under this Agreement, whether
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expressly, by implication, estoppel or otherwise. All rights in the
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Program not expressly granted under this Agreement are reserved.
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This Agreement is governed by the laws of the State of New York and the
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intellectual property laws of the United States of America. No party to
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this Agreement will bring a legal action under this Agreement more than
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one year after the cause of action arose. Each party waives its rights
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to a jury trial in any resulting litigation.
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