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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 IBM and any other 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.
"Original Program" means the original version of the software
accompanying this Agreement as released by IBM, including source code,
object code and documentation, if any.
"Program" means the Original Program and Contributions.
"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.
Each Contributor must include the following in a conspicuous location
in the Program:
Copyright © {date here}, International Business Machines Corporation
and others. All Rights Reserved.
In addition, 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")
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