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Common Public License Version 1.0 |
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC |
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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
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CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 1. |
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DEFINITIONS |
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"Contribution" means: |
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a) in the case of the initial Contributor, the initial code and documentation |
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distributed under this Agreement, and |
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b) in the case of each subsequent Contributor: |
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i) changes to the Program, and |
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ii) additions to the Program; |
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where such changes and/or additions to the Program originate from and are |
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distributed by that particular Contributor. A Contribution 'originates' from |
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a Contributor if it was added to the Program by such Contributor itself or |
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anyone acting on such Contributor's behalf. Contributions do not include additions |
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to the Program which: (i) are separate modules of software distributed in |
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conjunction with the Program under their own license agreement, and (ii) are |
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not derivative works of the Program. |
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"Contributor" means any person or 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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"Program" means the Contributions distributed in accordance with this Agreement. |
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"Recipient" means anyone who receives the Program under this Agreement, including |
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all Contributors. 2. |
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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 licenses |
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to its Contributions set forth herein, no assurances are provided by any Contributor |
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that the Program does not infringe the patent or other intellectual property |
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rights of any other entity. Each Contributor disclaims any liability to Recipient |
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for claims brought by any other entity based on infringement of intellectual |
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property rights or otherwise. As a condition to exercising the rights and |
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licenses granted hereunder, each Recipient hereby assumes sole responsibility |
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to secure any other intellectual property rights needed, if any. For example, |
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if a third party patent license is required to allow Recipient to distribute |
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the Program, it is 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 sufficient copyright |
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rights in its Contribution, if any, to grant the copyright license set forth |
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in this Agreement. 3. |
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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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Contributors may not remove or alter any copyright notices contained within |
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the Program. |
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Each Contributor must identify itself as the originator of its Contribution, |
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if any, in a manner that reasonably allows subsequent Recipients to identify |
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the originator of the Contribution. 4. |
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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. 5. |
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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. 6. |
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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. 7. |
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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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Everyone is permitted to copy and distribute copies of this Agreement, but |
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in order to avoid inconsistency the Agreement is copyrighted and may only |
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be modified in the following manner. The Agreement Steward reserves the right |
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to publish new versions (including revisions) of this Agreement from time |
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to time. No one other than the Agreement Steward has the right to modify this |
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Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility |
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to serve as the Agreement Steward to a suitable separate entity. Each new |
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version of the Agreement will be given a distinguishing version number. The |
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Program (including Contributions) may always be distributed subject to the |
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version of the Agreement under which it was received. In addition, after a |
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new version of the Agreement is published, Contributor may elect to distribute |
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the Program (including its Contributions) under the new version. Except as |
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expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights |
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or licenses to the intellectual property of any Contributor under this Agreement, |
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whether expressly, by implication, estoppel or otherwise. All rights in the |
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Program 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. |