1IBM PUBLIC LICENSE VERSION 1.0 - SECURE MAILER 2 3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC 4LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE 5PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 6 71. DEFINITIONS 8 9"Contribution" means: 10 a) in the case of International Business Machines Corporation ("IBM"), 11 the Original Program, and 12 b) in the case of each Contributor, 13 i) changes to the Program, and 14 ii) additions to the Program; 15 where such changes and/or additions to the Program originate 16 from and are distributed by that particular Contributor. 17 A Contribution 'originates' from a Contributor if it was added 18 to the Program by such Contributor itself or anyone acting on 19 such Contributor's behalf. 20 Contributions do not include additions to the Program which: 21 (i) are separate modules of software distributed in conjunction 22 with the Program under their own license agreement, and 23 (ii) are not derivative works of the Program. 24 25"Contributor" means IBM and any other entity that distributes the Program. 26 27"Licensed Patents " mean patent claims licensable by a Contributor which 28are necessarily infringed by the use or sale of its Contribution alone 29or when combined with the Program. 30 31"Original Program" means the original version of the software accompanying 32this Agreement as released by IBM, including source code, object code 33and documentation, if any. 34 35"Program" means the Original Program and Contributions. 36 37"Recipient" means anyone who receives the Program under this Agreement, 38including all Contributors. 39 402. GRANT OF RIGHTS 41 42 a) Subject to the terms of this Agreement, each Contributor hereby 43 grants Recipient a non-exclusive, worldwide, royalty-free copyright 44 license to reproduce, prepare derivative works of, publicly display, 45 publicly perform, distribute and sublicense the Contribution of such 46 Contributor, if any, and such derivative works, in source code and 47 object code form. 48 49 b) Subject to the terms of this Agreement, each Contributor hereby 50 grants Recipient a non-exclusive, worldwide, royalty-free patent 51 license under Licensed Patents to make, use, sell, offer to sell, 52 import and otherwise transfer the Contribution of such Contributor, 53 if any, in source code and object code form. This patent license 54 shall apply to the combination of the Contribution and the Program 55 if, at the time the Contribution is added by the Contributor, such 56 addition of the Contribution causes such combination to be covered 57 by the Licensed Patents. The patent license shall not apply to any 58 other combinations which include the Contribution. No hardware per 59 se is licensed hereunder. 60 61 c) Recipient understands that although each Contributor grants the 62 licenses to its Contributions set forth herein, no assurances are 63 provided by any Contributor that the Program does not infringe the 64 patent or other intellectual property rights of any other entity. 65 Each Contributor disclaims any liability to Recipient for claims 66 brought by any other entity based on infringement of intellectual 67 property rights or otherwise. As a condition to exercising the rights 68 and licenses granted hereunder, each Recipient hereby assumes sole 69 responsibility to secure any other intellectual property rights 70 needed, if any. For example, if a third party patent license 71 is required to allow Recipient to distribute the Program, it is 72 Recipient's responsibility to acquire that license before distributing 73 the Program. 74 75 d) Each Contributor represents that to its knowledge it has sufficient 76 copyright rights in its Contribution, if any, to grant the copyright 77 license set forth in this Agreement. 78 793. REQUIREMENTS 80 81A Contributor may choose to distribute the Program in object code form 82under its own license agreement, provided that: 83 a) it complies with the terms and conditions of this Agreement; and 84 b) its license agreement: 85 i) effectively disclaims on behalf of all Contributors all 86 warranties and conditions, express and implied, including 87 warranties or conditions of title and non-infringement, and 88 implied warranties or conditions of merchantability and fitness 89 for a particular purpose; 90 ii) effectively excludes on behalf of all Contributors all 91 liability for damages, including direct, indirect, special, 92 incidental and consequential damages, such as lost profits; 93 iii) states that any provisions which differ from this Agreement 94 are offered by that Contributor alone and not by any other 95 party; and 96 iv) states that source code for the Program is available from 97 such Contributor, and informs licensees how to obtain it in a 98 reasonable manner on or through a medium customarily used for 99 software exchange. 100 101When the Program is made available in source code form: 102 a) it must be made available under this Agreement; and 103 b) a copy of this Agreement must be included with each copy of the 104 Program. 105 106Each Contributor must include the following in a conspicuous location 107in the Program: 108 109 Copyright (c) 1997,1998,1999, International Business Machines 110 Corporation and others. All Rights Reserved. 111 112In addition, each Contributor must identify itself as the originator of 113its Contribution, if any, in a manner that reasonably allows subsequent 114Recipients to identify the originator of the Contribution. 115 1164. COMMERCIAL DISTRIBUTION 117 118Commercial distributors of software may accept certain responsibilities 119with respect to end users, business partners and the like. While this 120license is intended to facilitate the commercial use of the Program, the 121Contributor who includes the Program in a commercial product offering 122should do so in a manner which does not create potential liability for 123other Contributors. Therefore, if a Contributor includes the Program in 124a commercial product offering, such Contributor ("Commercial Contributor") 125hereby agrees to defend and indemnify every other Contributor 126("Indemnified Contributor") against any losses, damages and costs 127(collectively "Losses") arising from claims, lawsuits and other legal 128actions brought by a third party against the Indemnified Contributor to 129the extent caused by the acts or omissions of such Commercial Contributor 130in connection with its distribution of the Program in a commercial 131product offering. The obligations in this section do not apply to any 132claims or Losses relating to any actual or alleged intellectual property 133infringement. In order to qualify, an Indemnified Contributor must: 134 a) promptly notify the Commercial Contributor in writing of such claim, 135and 136 b) allow the Commercial Contributor to control, and cooperate with 137 the Commercial Contributor in, the defense and any related 138 settlement negotiations. The Indemnified Contributor may 139 participate in any such claim at its own expense. 140 141For example, a Contributor might include the Program in a commercial 142product offering, Product X. That Contributor is then a Commercial 143Contributor. If that Commercial Contributor then makes performance 144claims, or offers warranties related to Product X, those performance 145claims and warranties are such Commercial Contributor's responsibility 146alone. Under this section, the Commercial Contributor would have to 147defend claims against the other Contributors related to those performance 148claims and warranties, and if a court requires any other Contributor to 149pay any damages as a result, the Commercial Contributor must pay those 150damages. 151 1525. NO WARRANTY 153 154EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 155ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER 156EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR 157CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A 158PARTICULAR PURPOSE. Each Recipient is solely responsible for determining 159the appropriateness of using and distributing the Program and assumes 160all risks associated with its exercise of rights under this Agreement, 161including but not limited to the risks and costs of program errors, 162compliance with applicable laws, damage to or loss of data, programs or 163equipment, and unavailability or interruption of operations. 164 1656. DISCLAIMER OF LIABILITY 166 167EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 168ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 169INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 170WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 171LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 172NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION 173OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF 174ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 175 1767. GENERAL 177 178If any provision of this Agreement is invalid or unenforceable under 179applicable law, it shall not affect the validity or enforceability of 180the remainder of the terms of this Agreement, and without further action 181by the parties hereto, such provision shall be reformed to the minimum 182extent necessary to make such provision valid and enforceable. 183 184If Recipient institutes patent litigation against a Contributor with 185respect to a patent applicable to software (including a cross-claim or 186counterclaim in a lawsuit), then any patent licenses granted by that 187Contributor to such Recipient under this Agreement shall terminate 188as of the date such litigation is filed. In addition, If Recipient 189institutes patent litigation against any entity (including a cross-claim 190or counterclaim in a lawsuit) alleging that the Program itself (excluding 191combinations of the Program with other software or hardware) infringes 192such Recipient's patent(s), then such Recipient's rights granted under 193Section 2(b) shall terminate as of the date such litigation is filed. 194 195All Recipient's rights under this Agreement shall terminate if it fails 196to comply with any of the material terms or conditions of this Agreement 197and does not cure such failure in a reasonable period of time after 198becoming aware of such noncompliance. If all Recipient's rights under 199this Agreement terminate, Recipient agrees to cease use and distribution 200of the Program as soon as reasonably practicable. However, Recipient's 201obligations under this Agreement and any licenses granted by Recipient 202relating to the Program shall continue and survive. 203 204IBM may publish new versions (including revisions) of this Agreement 205from time to time. Each new version of the Agreement will be given a 206distinguishing version number. The Program (including Contributions) 207may always be distributed subject to the version of the Agreement under 208which it was received. In addition, after a new version of the Agreement 209is published, Contributor may elect to distribute the Program (including 210its Contributions) under the new version. No one other than IBM has the 211right to modify this Agreement. Except as expressly stated in Sections 2122(a) and 2(b) above, Recipient receives no rights or licenses to the 213intellectual property of any Contributor under this Agreement, whether 214expressly, by implication, estoppel or otherwise. All rights in the 215Program not expressly granted under this Agreement are reserved. 216 217This Agreement is governed by the laws of the State of New York and the 218intellectual property laws of the United States of America. No party to 219this Agreement will bring a legal action under this Agreement more than 220one year after the cause of action arose. Each party waives its rights 221to a jury trial in any resulting litigation. 222