1999-08-16 21:50:52 +00:00
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<meta HTTP-EQUIV="Content-Type" CONTENT="text/html; charset=Latin-1">
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<title>IBM's Public License - IBM's Classes for Unicode</title>
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<b>
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2000-01-11 19:30:59 +00:00
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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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1999-08-16 21:50:52 +00:00
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</b><font size="2">
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<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC LICENSE
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("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
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RECIPIENT’S ACCEPTANCE OF THIS AGREEMENT.</p>
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<b>
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<p>1. DEFINITIONS</p>
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</b>
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<p>"Contribution" means: </p>
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<blockquote>
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<blockquote>
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<p>a) in the case of International Business Machines Corporation ("IBM"), the
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Original Program, and </p>
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<p>b) in the case of each Contributor, </p>
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<blockquote>
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<p>i) changes to the Program, and</p>
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<p>ii) additions to the Program;</p>
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</blockquote>
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</blockquote>
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<p>where such changes and/or additions to the Program originate from and are distributed
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by that particular Contributor. A Contribution ‘originates’ from a Contributor
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if it was added to the Program by such Contributor itself or anyone acting on such
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Contributor’s behalf. Contributions do not include additions to the Program which:
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(i) are separate modules of software distributed in conjunction with the Program under
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their own license agreement, and (ii) are not derivative works of the Program.</p>
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</blockquote>
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<p>"Contributor" means IBM and any other entity that distributes the Program.</p>
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<p>"Licensed Patents " mean patent claims licensable by a Contributor which are
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necessarily infringed by the use or sale of its Contribution alone or when combined with
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the Program. </p>
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<p>"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 and documentation,
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if any.</p>
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<p>"Program" means the Original Program and Contributions.</p>
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<p>"Recipient" means anyone who receives the Program under this Agreement,
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including all Contributors.</p>
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<b>
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<p>2. GRANT OF RIGHTS</p>
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<blockquote>
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<blockquote>
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</b><p>a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient
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a non-exclusive, worldwide, royalty-free copyright license to<font COLOR="#ff0000"> </font>reproduce,
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prepare derivative works of, publicly display, publicly perform, distribute and sublicense
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the Contribution of such Contributor, if any, and such derivative works, in source code
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and object code form.</p>
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<p>b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a
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non-exclusive, worldwide,<font COLOR="#008000"> </font>royalty-free patent license under
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Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the
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Contribution of such Contributor, if any, in source code and object code form. This patent
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license shall apply to the combination of the Contribution and the Program if, at the time
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the Contribution is added by the Contributor, such addition of the Contribution causes
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such combination to be covered by the Licensed Patents. The patent license shall not apply
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to any other combinations which include the Contribution. No hardware per se is licensed
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hereunder. </p>
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<p>c) Recipient understands that although each Contributor grants the licenses to its
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Contributions set forth herein, no assurances are provided by any Contributor that the
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Program does not infringe the patent or other intellectual property rights of any other
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entity. Each Contributor disclaims any liability to Recipient for claims brought by any
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other entity based on infringement of intellectual property rights or otherwise. As a
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condition to exercising the rights and licenses granted hereunder, each Recipient hereby
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assumes sole responsibility to secure any other intellectual property rights needed, if
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any. For example, if a third party patent license is required to allow Recipient to
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distribute the Program, it is Recipient’s responsibility to acquire that license
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before distributing the Program.</p>
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<p>d) Each Contributor represents that to its knowledge it has sufficient copyright rights
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in its Contribution, if any, to grant the copyright license set forth in this Agreement. </p>
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</blockquote>
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</blockquote>
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<b>
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<p>3. REQUIREMENTS</p>
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</b>
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<p>A Contributor may choose to distribute the Program in object code form under its own
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license agreement, provided that:</p>
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<blockquote>
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<blockquote>
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<p>a) it complies with the terms and conditions of this Agreement; and</p>
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<p>b) its license agreement:</p>
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<blockquote>
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<p>i) effectively disclaims on behalf of all Contributors all warranties and conditions,
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express and implied, including warranties or conditions of title and non-infringement, and
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implied warranties or conditions of merchantability and fitness for a particular purpose; </p>
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<p>ii) effectively excludes on behalf of all Contributors all liability for damages,
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including direct, indirect, special, incidental and consequential damages, such as lost
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profits; </p>
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<p>iii) states that any provisions which differ from this Agreement are offered by that
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Contributor alone and not by any other party; and</p>
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<p>iv) states that source code for the Program is available from such Contributor, and
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informs licensees how to obtain it in a reasonable manner on or through a medium
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customarily used for software exchange.<font COLOR="#0000ff"> </p>
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</font>
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</blockquote>
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</blockquote>
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</blockquote>
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<p>When the Program is made available in source code form:</p>
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<blockquote>
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<blockquote>
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<p>a) it must be made available under this Agreement; and </p>
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<p>b) a copy of this Agreement must be included with each copy of the Program. </p>
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<font COLOR="#0000ff"><strike>
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</blockquote>
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</blockquote>
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</strike></font>
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<p>Each Contributor must include the following in a conspicuous location in the Program: </p>
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<blockquote>
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<p>Copyright <font FACE="Times New Roman"><EFBFBD></font><font COLOR="#ff0000"> </font>1999,
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International Business Machines Corporation and others. All Rights Reserved. </p>
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</blockquote>
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<p>In addition, each Contributor must identify itself as the originator of its
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Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify
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the originator of the Contribution. </p>
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<b>
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<p>4. COMMERCIAL DISTRIBUTION</p>
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</b>
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<p>Commercial distributors of software may accept certain responsibilities with respect to
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end users, business partners and the like. While this license is intended to facilitate
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the commercial use of the Program, the Contributor who includes the Program in a
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commercial product offering should do so in a manner which does not create potential
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liability for other Contributors. Therefore, if a Contributor includes the Program in a
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commercial product offering, such Contributor ("Commercial Contributor") hereby
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agrees to defend and indemnify every other Contributor ("Indemnified
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Contributor") against any losses, damages and costs (collectively "Losses")
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arising from claims, lawsuits and other legal actions brought by a third party against the
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Indemnified Contributor to the extent caused by the acts or omissions of such Commercial
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Contributor in connection with its distribution of the Program in a commercial product
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offering. The obligations in this section do not apply to any claims or Losses relating to
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any actual or alleged intellectual property infringement. In order to qualify, an
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Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of
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such claim, and b) allow the Commercial Contributor to control, and cooperate with the
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Commercial Contributor in, the defense and any related settlement negotiations. The
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Indemnified Contributor may participate in any such claim at its own expense.</p>
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<p>For example, a Contributor might include the Program in a commercial product offering,
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Product X. That Contributor is then a Commercial Contributor. If that Commercial
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Contributor then makes performance claims, or offers warranties related to Product X,
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those performance claims and warranties are such Commercial Contributor’s
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responsibility alone. Under this section, the Commercial Contributor would have to defend
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claims against the other Contributors related to those performance claims and warranties,
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and if a court requires any other Contributor to pay any damages as a result, the
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Commercial Contributor must pay those damages.</p>
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<b>
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<p>5. NO WARRANTY</p>
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</b>
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<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS
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IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED
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INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
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MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible
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for determining the appropriateness of using and distributing the Program and assumes all
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risks associated with its exercise of rights under this Agreement, including but not
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limited to the risks and costs of program errors, compliance with applicable laws, damage
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to or loss of data, programs or equipment, and unavailability or interruption of
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operations. </p>
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<b>
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<p>6. DISCLAIMER OF LIABILITY</p>
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</b>
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<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
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SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
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CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
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ANY THEORY OF 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 OF THE PROGRAM
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OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES.</p>
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<b>
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<p>7. GENERAL</p>
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</b>
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<p>If any provision of this Agreement is invalid or unenforceable under applicable law, it
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shall not affect the validity or enforceability of the remainder of the terms of this
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Agreement, and without further action by the parties hereto, such provision shall be
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reformed to the minimum extent necessary to make such provision valid and enforceable.</p>
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<p>If Recipient institutes patent litigation against a Contributor with respect to a
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patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then
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any patent licenses granted by that Contributor to such Recipient under this Agreement
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shall terminate 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 or counterclaim
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in a lawsuit) alleging that the Program itself (excluding combinations of the Program with
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other software or hardware) infringes such Recipient’s patent(s), then such
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Recipient’s rights granted under Section 2(b) shall terminate as of the date such
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litigation is filed. </p>
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<p>All Recipient’s rights under this Agreement shall terminate if it fails to comply
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with any of the material terms or conditions of this Agreement and does not cure such
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failure in a reasonable period of time after becoming aware of such noncompliance. If all
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Recipient’s rights under this Agreement terminate, Recipient agrees to cease use and
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distribution 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 relating to the
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Program shall continue and survive. </p>
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<p>IBM may publish new versions (including revisions) of this Agreement from time to time.
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Each new version of the Agreement will be given a distinguishing version number. The
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Program (including Contributions) may always be distributed subject to the version of the
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Agreement under 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 its
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Contributions) under the new version. No one other than IBM has the right to modify this
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Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives
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no rights or licenses to the intellectual property of any Contributor under this
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Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the
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Program not expressly granted under this Agreement are reserved.</p>
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<p>This Agreement is governed by the laws of the State of New York and the intellectual
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property laws of the United States of America. No party to this Agreement will bring a
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legal action under this Agreement more than one year after the cause of action arose. Each
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party waives its rights to a jury trial in any resulting litigation. </p>
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</font>
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</body>
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</html>
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