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237 lines
11 KiB
237 lines
11 KiB
IBM Public License Version 1.0
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM
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PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
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OF 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 International Business Machines Corporation ("IBM"), the
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Original Program, and
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b. in the case of each Contributor,
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i. changes to the Program, and
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ii. additions to the Program; where such changes and/or additions to the Program
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originate from 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 such Contributor
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itself or anyone acting on such Contributor's behalf. Contributions do not
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include additions to the Program which:
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(i) are separate modules of software distributed in conjunction with
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the Program under their own license agreement, and (ii) are not
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derivative works of the Program.
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"Contributor" means IBM and any other entity that distributes the Program.
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"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
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combined with the Program.
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"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
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documentation, if any.
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"Program" means the Original Program and Contributions.
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"Recipient" means anyone who receives the Program under this Agreement, including
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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 grants
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Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce,
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prepare derivative works of, publicly display, publicly perform, distribute
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and sublicense the 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 grants
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Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
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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.
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This patent license shall apply to the combination of the Contribution and
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the Program if, at the time the Contribution is added by the Contributor,
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such addition of the Contribution causes such combination to be covered by
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the Licensed Patents. The patent license shall not apply to any other combinations
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which include the Contribution. No hardware per 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 assumes
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sole responsibility to secure any other intellectual property rights
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needed, if any. For example, if a third party patent license is
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required to allow Recipient to distribute the Program, it is
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Recipient's responsibility to acquire that license before
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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 the
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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 under
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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 warranties and
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conditions, express and implied, including warranties or conditions of title
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and non-infringement, and implied warranties or conditions of merchantability
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and fitness for a particular purpose;
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ii. effectively excludes on behalf of all Contributors all liability for damages,
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including direct, indirect, special, incidental and consequential damages,
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such as lost profits;
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iii. states that any provisions which differ from this Agreement are offered
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by that Contributor alone and not by any other party; and
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iv. states that source code for the Program is available from such Contributor,
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and informs licensees how to obtain it in a reasonable manner on or through
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a medium customarily used for software 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 Program.
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Each Contributor must include the following in a conspicuous location in the
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Program:
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Copyright (C) 1996, 1999 International Business Machines Corporation and others.
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All Rights Reserved.
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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
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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 responsibilities with
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respect to end users, business partners and the like. While this license is
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intended to facilitate the commercial use of the Program, the Contributor
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who includes the Program in a commercial product offering should do so in
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a manner which does not create potential liability for other Contributors.
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Therefore, if a Contributor includes the Program in a commercial product offering,
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such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
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every other Contributor ("Indemnified Contributor") against any losses, damages
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and costs (collectively "Losses") arising from claims, lawsuits and other
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legal actions brought by a third party against the Indemnified Contributor
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to the extent caused by the acts or omissions of such Commercial Contributor
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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
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relating to any actual or alleged intellectual property infringement. In order
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to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
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Contributor in writing of such claim, and b) allow the Commercial Contributor
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to control, and cooperate with the Commercial Contributor in, the defense
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and any related settlement negotiations. The Indemnified Contributor may participate
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in any such claim at its own expense.
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For example, a Contributor might include the Program in a commercial product
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offering, Product X. That Contributor is then a Commercial Contributor. If
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that Commercial Contributor then makes performance claims, or offers warranties
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related to Product X, those performance claims and warranties are such Commercial
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Contributor's responsibility alone. Under this section, the Commercial Contributor
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would have to defend claims against the other Contributors related to those
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performance claims and warranties, and if a court requires any other Contributor
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to pay any damages as a result, the Commercial Contributor must pay those
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damages.
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5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON
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AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
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OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
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TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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Each Recipient is solely responsible for determining the appropriateness of
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using and 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 the
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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
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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 ANY
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CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
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LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
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STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
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WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
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GRANTED 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 applicable
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law, it shall not affect the validity or enforceability of the remainder of
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the terms of this Agreement, and without further action by the parties hereto,
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such provision shall be reformed to the minimum extent necessary to make such
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provision valid and enforceable.
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If Recipient institutes patent litigation against a Contributor with respect
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to a patent applicable to software (including a cross-claim or counterclaim
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in a lawsuit), then any patent licenses granted by that Contributor to such
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Recipient under this Agreement shall terminate as of the date such litigation
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is filed. In addition, if Recipient institutes patent litigation against any
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entity (including a cross-claim or counterclaim in a lawsuit) alleging that
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the Program itself (excluding combinations of the Program with other software
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or hardware) infringes such Recipient's patent(s), then such Recipient's rights
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granted under Section 2(b) shall terminate as of the date such litigation
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is filed.
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All Recipient's rights under this Agreement shall terminate if it fails to
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comply with any of the material terms or conditions of this Agreement and
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does not cure such failure in a reasonable period of time after becoming aware
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of such noncompliance. If all Recipient's rights under this Agreement terminate,
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Recipient agrees to cease use and distribution of the Program as soon as reasonably
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practicable. However, Recipient's obligations under this Agreement and any
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licenses granted by Recipient relating to the Program shall continue and survive.
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IBM may publish new versions (including revisions) of this Agreement from
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time to time. Each new version of the Agreement will be given a distinguishing
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version number. The Program (including Contributions) may always be distributed
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subject to 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 elect to
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distribute the Program (including its Contributions) under the new version.
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No one other than IBM has the right to modify this Agreement. Except as expressly
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stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses
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to the intellectual property of any Contributor under this Agreement, whether
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expressly, by implication, estoppel or otherwise. All rights in the Program
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not 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 the intellectual
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property laws of the United States of America. No party to this Agreement
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will bring a legal action under this Agreement more than one year after the
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cause of action arose. Each party waives its rights to a jury trial in any
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resulting litigation.
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