Common Public License Version 0.5

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 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. 

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 is solely responsible for determining the appropriateness of using and 
distributing the Program and 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.