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 |    1 JUnit | 
 |    2  | 
 |    3 Common Public License - v 1.0 | 
 |    4  | 
 |    5 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC | 
 |    6 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM | 
 |    7 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. | 
 |    8  | 
 |    9 1. DEFINITIONS | 
 |   10  | 
 |   11 "Contribution" means: | 
 |   12  | 
 |   13       a) in the case of the initial Contributor, the initial code and | 
 |   14          documentation distributed under this Agreement, and | 
 |   15       b) in the case of each subsequent Contributor: | 
 |   16  | 
 |   17       i) changes to the Program, and | 
 |   18  | 
 |   19       ii) additions to the Program; | 
 |   20  | 
 |   21       where such changes and/or additions to the Program originate from and are | 
 |   22 distributed by that particular Contributor. A Contribution 'originates' from a | 
 |   23 Contributor if it was added to the Program by such Contributor itself or anyone | 
 |   24 acting on such Contributor's behalf. Contributions do not include additions to | 
 |   25 the Program which: (i) are separate modules of software distributed in | 
 |   26 conjunction with the Program under their own license agreement, and (ii) are | 
 |   27 not derivative works of the Program.  | 
 |   28  | 
 |   29 "Contributor" means any person or entity that distributes the Program. | 
 |   30  | 
 |   31 "Licensed Patents " mean patent claims licensable by a Contributor which are | 
 |   32 necessarily infringed by the use or sale of its Contribution alone or when | 
 |   33 combined with the Program. | 
 |   34  | 
 |   35 "Program" means the Contributions distributed in accordance with this Agreement. | 
 |   36  | 
 |   37 "Recipient" means anyone who receives the Program under this Agreement, | 
 |   38 including all Contributors. | 
 |   39  | 
 |   40 2. GRANT OF RIGHTS | 
 |   41  | 
 |   42       a) Subject to the terms of this Agreement, each Contributor hereby grants | 
 |   43 Recipient a non-exclusive, worldwide, royalty-free copyright license to | 
 |   44 reproduce, prepare derivative works of, publicly display, publicly perform, | 
 |   45 distribute and sublicense the Contribution of such Contributor, if any, and | 
 |   46 such derivative works, in source code and object code form. | 
 |   47  | 
 |   48       b) Subject to the terms of this Agreement, each Contributor hereby grants | 
 |   49 Recipient a non-exclusive, worldwide, royalty-free patent license under | 
 |   50 Licensed Patents to make, use, sell, offer to sell, import and otherwise | 
 |   51 transfer the Contribution of such Contributor, if any, in source code and | 
 |   52 object code form. This patent license shall apply to the combination of the | 
 |   53 Contribution and the Program if, at the time the Contribution is added by the | 
 |   54 Contributor, such addition of the Contribution causes such combination to be | 
 |   55 covered by the Licensed Patents. The patent license shall not apply to any | 
 |   56 other combinations which include the Contribution. No hardware per se is | 
 |   57 licensed hereunder.  | 
 |   58  | 
 |   59       c) Recipient understands that although each Contributor grants the | 
 |   60 licenses to its Contributions set forth herein, no assurances are provided by | 
 |   61 any Contributor that the Program does not infringe the patent or other | 
 |   62 intellectual property rights of any other entity. Each Contributor disclaims | 
 |   63 any liability to Recipient for claims brought by any other entity based on | 
 |   64 infringement of intellectual property rights or otherwise. As a condition to | 
 |   65 exercising the rights and licenses granted hereunder, each Recipient hereby | 
 |   66 assumes sole responsibility to secure any other intellectual property rights | 
 |   67 needed, if any. For example, if a third party patent license is required to | 
 |   68 allow Recipient to distribute the Program, it is Recipient's responsibility to | 
 |   69 acquire that license before distributing the Program. | 
 |   70  | 
 |   71       d) Each Contributor represents that to its knowledge it has sufficient | 
 |   72 copyright rights in its Contribution, if any, to grant the copyright license | 
 |   73 set forth in this Agreement.  | 
 |   74  | 
 |   75 3. REQUIREMENTS | 
 |   76  | 
 |   77 A Contributor may choose to distribute the Program in object code form under | 
 |   78 its own license agreement, provided that: | 
 |   79  | 
 |   80       a) it complies with the terms and conditions of this Agreement; and | 
 |   81  | 
 |   82       b) its license agreement: | 
 |   83  | 
 |   84       i) effectively disclaims on behalf of all Contributors all warranties and | 
 |   85 conditions, express and implied, including warranties or conditions of title | 
 |   86 and non-infringement, and implied warranties or conditions of merchantability | 
 |   87 and fitness for a particular purpose;  | 
 |   88  | 
 |   89       ii) effectively excludes on behalf of all Contributors all liability for | 
 |   90 damages, including direct, indirect, special, incidental and consequential | 
 |   91 damages, such as lost profits;  | 
 |   92  | 
 |   93       iii) states that any provisions which differ from this Agreement are | 
 |   94 offered by that Contributor alone and not by any other party; and | 
 |   95  | 
 |   96       iv) states that source code for the Program is available from such | 
 |   97 Contributor, and informs licensees how to obtain it in a reasonable manner on | 
 |   98 or through a medium customarily used for software exchange.  | 
 |   99  | 
 |  100 When the Program is made available in source code form: | 
 |  101  | 
 |  102       a) it must be made available under this Agreement; and  | 
 |  103  | 
 |  104       b) a copy of this Agreement must be included with each copy of the | 
 |  105 Program.  | 
 |  106  | 
 |  107 Contributors may not remove or alter any copyright notices contained within the | 
 |  108 Program. | 
 |  109  | 
 |  110 Each Contributor must identify itself as the originator of its Contribution, if | 
 |  111 any, in a manner that reasonably allows subsequent Recipients to identify the | 
 |  112 originator of the Contribution. | 
 |  113  | 
 |  114 4. COMMERCIAL DISTRIBUTION | 
 |  115  | 
 |  116 Commercial distributors of software may accept certain responsibilities with | 
 |  117 respect to end users, business partners and the like. While this license is | 
 |  118 intended to facilitate the commercial use of the Program, the Contributor who | 
 |  119 includes the Program in a commercial product offering should do so in a manner | 
 |  120 which does not create potential liability for other Contributors. Therefore, if | 
 |  121 a Contributor includes the Program in a commercial product offering, such | 
 |  122 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify | 
 |  123 every other Contributor ("Indemnified Contributor") against any losses, damages | 
 |  124 and costs (collectively "Losses") arising from claims, lawsuits and other legal | 
 |  125 actions brought by a third party against the Indemnified Contributor to the | 
 |  126 extent caused by the acts or omissions of such Commercial Contributor in | 
 |  127 connection with its distribution of the Program in a commercial product | 
 |  128 offering. The obligations in this section do not apply to any claims or Losses | 
 |  129 relating to any actual or alleged intellectual property infringement. In order | 
 |  130 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial | 
 |  131 Contributor in writing of such claim, and b) allow the Commercial Contributor | 
 |  132 to control, and cooperate with the Commercial Contributor in, the defense and | 
 |  133 any related settlement negotiations. The Indemnified Contributor may | 
 |  134 participate in any such claim at its own expense. | 
 |  135  | 
 |  136 For example, a Contributor might include the Program in a commercial product | 
 |  137 offering, Product X. That Contributor is then a Commercial Contributor. If that | 
 |  138 Commercial Contributor then makes performance claims, or offers warranties | 
 |  139 related to Product X, those performance claims and warranties are such | 
 |  140 Commercial Contributor's responsibility alone. Under this section, the | 
 |  141 Commercial Contributor would have to defend claims against the other | 
 |  142 Contributors related to those performance claims and warranties, and if a court | 
 |  143 requires any other Contributor to pay any damages as a result, the Commercial | 
 |  144 Contributor must pay those damages. | 
 |  145  | 
 |  146 5. NO WARRANTY | 
 |  147  | 
 |  148 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN | 
 |  149 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR | 
 |  150 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, | 
 |  151 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each | 
 |  152 Recipient is solely responsible for determining the appropriateness of using | 
 |  153 and distributing the Program and assumes all risks associated with its exercise | 
 |  154 of rights under this Agreement, including but not limited to the risks and | 
 |  155 costs of program errors, compliance with applicable laws, damage to or loss of | 
 |  156 data, programs or equipment, and unavailability or interruption of operations. | 
 |  157  | 
 |  158 6. DISCLAIMER OF LIABILITY | 
 |  159  | 
 |  160 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY | 
 |  161 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, | 
 |  162 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST | 
 |  163 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, | 
 |  164 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY | 
 |  165 WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS | 
 |  166 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. | 
 |  167  | 
 |  168 7. GENERAL | 
 |  169  | 
 |  170 If any provision of this Agreement is invalid or unenforceable under applicable | 
 |  171 law, it shall not affect the validity or enforceability of the remainder of the | 
 |  172 terms of this Agreement, and without further action by the parties hereto, such | 
 |  173 provision shall be reformed to the minimum extent necessary to make such | 
 |  174 provision valid and enforceable. | 
 |  175  | 
 |  176 If Recipient institutes patent litigation against a Contributor with respect to | 
 |  177 a patent applicable to software (including a cross-claim or counterclaim in a | 
 |  178 lawsuit), then any patent licenses granted by that Contributor to such | 
 |  179 Recipient under this Agreement shall terminate as of the date such litigation | 
 |  180 is filed. In addition, if Recipient institutes patent litigation against any | 
 |  181 entity (including a cross-claim or counterclaim in a lawsuit) alleging that the | 
 |  182 Program itself (excluding combinations of the Program with other software or | 
 |  183 hardware) infringes such Recipient's patent(s), then such Recipient's rights | 
 |  184 granted under Section 2(b) shall terminate as of the date such litigation is | 
 |  185 filed. | 
 |  186  | 
 |  187 All Recipient's rights under this Agreement shall terminate if it fails to | 
 |  188 comply with any of the material terms or conditions of this Agreement and does | 
 |  189 not cure such failure in a reasonable period of time after becoming aware of | 
 |  190 such noncompliance. If all Recipient's rights under this Agreement terminate, | 
 |  191 Recipient agrees to cease use and distribution of the Program as soon as | 
 |  192 reasonably practicable. However, Recipient's obligations under this Agreement | 
 |  193 and any licenses granted by Recipient relating to the Program shall continue | 
 |  194 and survive. | 
 |  195  | 
 |  196 Everyone is permitted to copy and distribute copies of this Agreement, but in | 
 |  197 order to avoid inconsistency the Agreement is copyrighted and may only be | 
 |  198 modified in the following manner. The Agreement Steward reserves the right to | 
 |  199 publish new versions (including revisions) of this Agreement from time to time. | 
 |  200 No one other than the Agreement Steward has the right to modify this Agreement. | 
 |  201 IBM is the initial Agreement Steward. IBM may assign the responsibility to | 
 |  202 serve as the Agreement Steward to a suitable separate entity. Each new version | 
 |  203 of the Agreement will be given a distinguishing version number. The Program | 
 |  204 (including Contributions) may always be distributed subject to the version of | 
 |  205 the Agreement under which it was received. In addition, after a new version of | 
 |  206 the Agreement is published, Contributor may elect to distribute the Program | 
 |  207 (including its Contributions) under the new version. Except as expressly stated | 
 |  208 in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to | 
 |  209 the intellectual property of any Contributor under this Agreement, whether | 
 |  210 expressly, by implication, estoppel or otherwise. All rights in the Program not | 
 |  211 expressly granted under this Agreement are reserved. | 
 |  212  | 
 |  213 This Agreement is governed by the laws of the State of New York and the | 
 |  214 intellectual property laws of the United States of America. No party to this | 
 |  215 Agreement will bring a legal action under this Agreement more than one year | 
 |  216 after the cause of action arose. Each party waives its rights to a jury trial | 
 |  217 in any resulting litigation.  | 
 |  218  | 
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