*Common Public License - v 1.0*

*Updated 16 Apr 2009*

*As of 25 Feb 2009, IBM has assigned the Agreement Steward role for the

CPL to the Eclipse Foundation. Eclipse has designated the Eclipse Public

License (EPL) as the follow-on version of the CPL.*

**

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

    grantsRecipient a non-exclusive, worldwide, royalty-free copyright

    license toreproduce, 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 disclaimson 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. 

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 issolely responsible for

determining the appropriateness of using and distributing the Programand

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.