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238 lines
12 KiB
238 lines
12 KiB
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Common Public License Version 0.5
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
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PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
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THE 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 the initial Contributor, the initial code and
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documentation distributed under this Agreement, and
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b) in the case of each subsequent 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 from
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and are distributed by that particular Contributor. A Contribution
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'originates' from a Contributor if it was added to the Program by
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such Contributor itself or anyone acting on such Contributor's
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behalf. Contributions do not include additions to the Program
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which: (i) are separate modules of software distributed in
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conjunction 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 any person or entity that distributes the Program.
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"Licensed Patents " mean patent claims licensable by a Contributor
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which are necessarily infringed by the use or sale of its Contribution
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alone or when combined with the Program.
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"Program" means the Contributions distributed in accordance with this
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Agreement.
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"Recipient" means anyone who receives the Program under this
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Agreement, 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
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display, publicly perform, distribute and sublicense the
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Contribution of such Contributor, if any, and such derivative
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works, in source code and 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
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rights and licenses granted hereunder, each Recipient hereby
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assumes sole responsibility to secure any other intellectual
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property rights needed, if any. For example, if a third party
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patent license is required to allow Recipient to distribute the
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Program, it is Recipient's responsibility to acquire that license
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before distributing the Program.
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d) Each Contributor represents that to its knowledge it has
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sufficient copyright rights in its Contribution, if any, to grant
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the copyright 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 implied
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warranties or conditions of merchantability and fitness for a
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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 party;
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and
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iv) states that source code for the Program is available from such
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Contributor, and informs licensees how to obtain it in a reasonable
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manner on or through a medium customarily used for software
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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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Contributors may not remove or alter any copyright notices contained
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within the Program.
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Each Contributor must identify itself as the originator of its
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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
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responsibilities with respect to end users, business partners and the
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like. While this license is intended to facilitate the commercial use
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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
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create potential liability for other Contributors. Therefore, if a
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Contributor includes the Program in a commercial product offering,
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such Contributor ("Commercial Contributor") hereby agrees to defend
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and indemnify every other Contributor ("Indemnified Contributor")
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against any losses, damages and costs (collectively "Losses") arising
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from claims, lawsuits and other legal actions brought by a third party
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against the Indemnified Contributor to the extent caused by the acts
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or omissions of such Commercial Contributor in connection with its
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distribution of the Program in a commercial product offering. The
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obligations in this section do not apply to any claims or Losses
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relating to any actual or alleged intellectual property infringement.
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In order to qualify, an Indemnified Contributor must: a) promptly
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notify the Commercial Contributor in writing of such claim, and b)
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allow the Commercial Contributor to control, and cooperate with the
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Commercial Contributor in, the defense and any related settlement
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negotiations. The Indemnified Contributor may participate in any such
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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
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performance claims and warranties, and if a court requires any other
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Contributor to pay any damages as a result, the Commercial Contributor
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must pay those damages.
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5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
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PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
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KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
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WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
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OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
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responsible for determining the appropriateness of using and
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distributing the Program and assumes all risks associated with its
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exercise of rights under this Agreement, including but not limited to
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the risks and costs of program errors, compliance with applicable
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laws, damage to or loss of data, programs or equipment, and
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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
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DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
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HEREUNDER, EVEN IF 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
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action by the parties hereto, such provision shall be reformed to the
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minimum 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 as
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of the date such litigation is filed. In addition, If Recipient
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institutes patent litigation against any entity (including a
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cross-claim or counterclaim in a lawsuit) alleging that the Program
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itself (excluding combinations of the Program with other software or
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hardware) infringes such Recipient's patent(s), then such Recipient's
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rights granted under Section 2(b) shall terminate as of the date such
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litigation is filed.
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All Recipient's rights under this Agreement shall terminate if it
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fails to comply with any of the material terms or conditions of this
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Agreement and does not cure such failure in a reasonable period of
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time after becoming aware of such noncompliance. If all Recipient's
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rights under this Agreement terminate, Recipient agrees to cease use
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and distribution of the Program as soon as reasonably practicable.
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However, Recipient's obligations under this Agreement and any licenses
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granted by Recipient relating to the Program shall continue and
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survive.
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Everyone is permitted to copy and distribute copies of this Agreement,
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but in order to avoid inconsistency the Agreement is copyrighted and
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may only be modified in the following manner. The Agreement Steward
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reserves the right to publish new versions (including revisions) of
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this Agreement from time to time. No one other than the Agreement
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Steward has the right to modify this Agreement. IBM is the initial
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Agreement Steward. IBM may assign the responsibility to serve as the
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Agreement Steward to a suitable separate entity. Each new version of
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the Agreement will be given a distinguishing version number. The
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Program (including Contributions) may always be distributed subject to
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the version of the Agreement under which it was received. In addition,
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after a new version of the Agreement is published, Contributor may
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elect to distribute the Program (including its Contributions) under
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the new version. Except as expressly stated in Sections 2(a) and 2(b)
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above, Recipient receives no rights or licenses to the intellectual
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property of any Contributor under this Agreement, whether expressly,
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by implication, estoppel or otherwise. All rights in the Program not
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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
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the intellectual property laws of the United States of America. No
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party to this Agreement will bring a legal action under this Agreement
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more than one year after the cause of action arose. Each party waives
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its rights to a jury trial in any resulting litigation.
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