IBM Public License Version 1.0 

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM 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 International Business Machines Corporation ("IBM"), the 
       Original Program, and 
    b) in the case of each 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 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") 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. 

IBM may publish new versions (including revisions) of this Agreement from time 
to time. 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. No one other than IBM has the right to modify this Agreement. 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. 
