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                       Common Public License - v 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.   [DEL: :DEL]   [DEL: :DEL] 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.

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