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<!DOCTYPE appendix PUBLIC "-//OASIS//DTD DocBook XML V4.5//EN" "http://www.oasis-open.org/docbook/xml/4.5/docbookx.dtd">
<appendix id="common-public-license-version-1.0-cpl">
  <title>Common Public License Version 1.0 (CPL)</title>

  <para>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.</para>

  <para><emphasis role="strong">1. DEFINITIONS</emphasis></para>

  <para>"Contribution" means:</para>

  <blockquote>
    <para>a) in the case of the initial Contributor, the initial code and
    documentation distributed under this Agreement, and</para>

    <para>b) in the case of each subsequent Contributor:</para>

    <para>i) changes to the Program, and</para>

    <para>ii) additions to the Program;</para>

    <para>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.</para>
  </blockquote>

  <para>"Contributor" means any person or entity that distributes the
  Program.</para>

  <para>"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.</para>

  <para>"Program" means the Contributions distributed in accordance with this
  Agreement.</para>

  <para>"Recipient" means anyone who receives the Program under this
  Agreement, including all Contributors.</para>

  <para><emphasis role="strong">2. GRANT OF RIGHTS</emphasis></para>

  <blockquote>
    <para>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.</para>

    <para>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.</para>

    <para>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.</para>

    <para>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.</para>
  </blockquote>

  <para><emphasis role="strong">3. REQUIREMENTS</emphasis></para>

  <para>A Contributor may choose to distribute the Program in object code form
  under its own license agreement, provided that:</para>

  <blockquote>
    <para>a) it complies with the terms and conditions of this Agreement;
    and</para>

    <para>b) its license agreement:</para>

    <para>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;</para>

    <para>ii) effectively excludes on behalf of all Contributors all liability
    for damages, including direct, indirect, special, incidental and
    consequential damages, such as lost profits;</para>

    <para>iii) states that any provisions which differ from this Agreement are
    offered by that Contributor alone and not by any other party; and</para>

    <para>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.</para>
  </blockquote>

  <para>When the Program is made available in source code form:</para>

  <blockquote>
    <para>a) it must be made available under this Agreement; and</para>

    <para>b) a copy of this Agreement must be included with each copy of the
    Program.</para>
  </blockquote>

  <para>Contributors may not remove or alter any copyright notices contained
  within the Program.</para>

  <para>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.</para>

  <para><emphasis role="strong">4. COMMERCIAL DISTRIBUTION</emphasis></para>

  <para>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.</para>

  <para>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.</para>

  <para><emphasis role="strong">5. NO WARRANTY</emphasis></para>

  <para>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.</para>

  <para><emphasis role="strong">6. DISCLAIMER OF LIABILITY</emphasis></para>

  <para>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.</para>

  <para><emphasis role="strong">7. GENERAL</emphasis></para>

  <para>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.</para>

  <para>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.</para>

  <para>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.</para>

  <para>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.</para>

  <para>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.</para>
</appendix>
