coinor-libsymphony-doc 5.2.4-1.2ubuntu1 / usr / share / doc / coinor-libsymphony-doc / copyright

Name: SYMPHONY
Source: http://www.coin-or.org/download/source/SYMPHONY/

Files: *
Copyright: 2000-2009 by Ted Ralphs
License: CPL-1.0

Files: SYMPHONY/test/OsiSolverInterfaceTest.cpp
Copyright: 2000 International Business Machines
License: CPL-1.0

Files: SYMPHONY/Applications/VRP/include/vrp_const.h
Copyright: 2000-2003 Ted Ralphs
License: CPL-0.5

Files: SYMPHONY/Applications/USER/Makefile.orig
Copyright: 2000-2005 Ted Ralphs
License: CPL-1.0

Files: SYMPHONY/Applications/CNRP/Makefile.orig,
 SYMPHONY/Applications/VRP/Makefile.orig,
 SYMPHONY/Applications/VRP/include/heurs/binomial.h,
 SYMPHONY/Applications/VRP/include/heurs/cluster_heur.h,
 SYMPHONY/Applications/VRP/include/heurs/collect_solutions.h,
 SYMPHONY/Applications/VRP/include/heurs/exchange_heur.h,
 SYMPHONY/Applications/VRP/include/heurs/heur_params.h,
 SYMPHONY/Applications/VRP/include/heurs/heur_routines.h,
 SYMPHONY/Applications/VRP/include/heurs/heur_types.h,
 SYMPHONY/Applications/VRP/include/heurs/ins_routines.h,
 SYMPHONY/Applications/VRP/include/heurs/ins_routines2.h,
 SYMPHONY/Applications/VRP/include/heurs/lb_params.h,
 SYMPHONY/Applications/VRP/include/heurs/lb_types.h,
 SYMPHONY/Applications/VRP/include/heurs/lower_bound.h,
 SYMPHONY/Applications/VRP/include/heurs/mst_ins_rout.h,
 SYMPHONY/Applications/VRP/include/heurs/qsort.h,
 SYMPHONY/Applications/VRP/include/heurs/receive_rout.h,
 SYMPHONY/Applications/VRP/include/heurs/route_heur.h,
 SYMPHONY/Applications/VRP/include/heurs/s_path.h,
 SYMPHONY/Applications/VRP/include/heurs/savings.h,
 SYMPHONY/Applications/VRP/include/heurs/savings2.h,
 SYMPHONY/Applications/VRP/include/heurs/savings3.h,
 SYMPHONY/Applications/VRP/include/heurs/start_heurs.h,
 SYMPHONY/Applications/VRP/include/heurs/sweep.h,
 SYMPHONY/Applications/VRP/include/heurs/tsp_ins_rout.h,
 SYMPHONY/Applications/VRP/include/heurs/vrp_heurs.h,
 SYMPHONY/Applications/VRP/src/Master/Heuristics/cluster_heur.c,
 SYMPHONY/Applications/VRP/src/Master/Heuristics/collect_solutions.c,
 SYMPHONY/Applications/VRP/src/Master/Heuristics/exchange_heur.c,
 SYMPHONY/Applications/VRP/src/Master/Heuristics/lower_bound.c,
 SYMPHONY/Applications/VRP/src/Master/Heuristics/receive_rout.c,
 SYMPHONY/Applications/VRP/src/Master/Heuristics/route_heur.c,
 SYMPHONY/Applications/VRP/src/Master/Heuristics/start_heurs.c,
 SYMPHONY/Makefile.orig, SYMPHONY/config, share/config.site
Copyright: 2000-2005 Ted Ralphs
License: CPL-0.5

Files: SYMPHONY/Applications/SPP/src/Master/spp_main.c
Copyright: 2000-2005-2007 Ted Ralphs
License: CPL-0.5

Files: SYMPHONY/Applications/USER/src/CutGen/user_cg.c,
 SYMPHONY/Applications/USER/src/CutPool/user_cp.c,
 SYMPHONY/Applications/USER/src/DrawGraph/user_dg.c,
 SYMPHONY/Applications/USER/src/LP/user_lp.c,
 SYMPHONY/Applications/USER/src/LP/user_lp_branch.c,
 SYMPHONY/Applications/USER/src/Master/user_main.c,
 SYMPHONY/Applications/USER/src/Master/user_master.c,
Copyright: 2000-2007 Ted Ralphs
License: CPL-1.0

Files: SYMPHONY/Applications/CNRP/src/Common/cnrp_macros.c,
 SYMPHONY/Applications/CNRP/src/Common/compute_cost.c,
 SYMPHONY/Applications/CNRP/src/Common/network.c,
 SYMPHONY/Applications/CNRP/src/CutGen/biconnected.c,
 SYMPHONY/Applications/CNRP/src/CutGen/cnrp_cg.c,
 SYMPHONY/Applications/CNRP/src/CutGen/shrink.c,
 SYMPHONY/Applications/CNRP/src/CutGen/tsp.c,
 SYMPHONY/Applications/CNRP/src/CutPool/cnrp_cp.c,
 SYMPHONY/Applications/CNRP/src/DrawGraph/cnrp_dg.c,
 SYMPHONY/Applications/CNRP/src/DrawGraph/cnrp_dg_functions.c,
 SYMPHONY/Applications/CNRP/src/DrawGraph/cnrp_dg_network.c,
 SYMPHONY/Applications/CNRP/src/LP/cnrp_lp.c,
 SYMPHONY/Applications/CNRP/src/LP/cnrp_lp_branch.c,
 SYMPHONY/Applications/CNRP/src/Master/cnrp_io.c,
 SYMPHONY/Applications/CNRP/src/Master/cnrp_main.c,
 SYMPHONY/Applications/CNRP/src/Master/cnrp_master.c,
 SYMPHONY/Applications/CNRP/src/Master/cnrp_master_functions.c,
 SYMPHONY/Applications/CNRP/src/Master/small_graph.c,
 SYMPHONY/Applications/MATCH/src/Master/user_main.c,
 SYMPHONY/Applications/MPP/src/Master/mpp_main.c,
 SYMPHONY/Applications/SPP+CUTS/src/Master/spp_main.c,
 SYMPHONY/Applications/VRP/src/Common/compute_cost.c,
 SYMPHONY/Applications/VRP/src/Common/network.c,
 SYMPHONY/Applications/VRP/src/Common/vrp_macros.c,
 SYMPHONY/Applications/VRP/src/CutGen/biconnected.c,
 SYMPHONY/Applications/VRP/src/CutGen/shrink.c,
 SYMPHONY/Applications/VRP/src/CutGen/tsp.c,
 SYMPHONY/Applications/VRP/src/CutGen/vrp_cg.c,
 SYMPHONY/Applications/VRP/src/CutPool/vrp_cp.c,
 SYMPHONY/Applications/VRP/src/DrawGraph/vrp_dg.c,
 SYMPHONY/Applications/VRP/src/DrawGraph/vrp_dg_functions.c,
 SYMPHONY/Applications/VRP/src/DrawGraph/vrp_dg_network.c,
 SYMPHONY/Applications/VRP/src/LP/vrp_lp.c,
 SYMPHONY/Applications/VRP/src/LP/vrp_lp_branch.c,
 SYMPHONY/Applications/VRP/src/Master/small_graph.c,
 SYMPHONY/Applications/VRP/src/Master/vrp_io.c,
 SYMPHONY/Applications/VRP/src/Master/vrp_main.c,
 SYMPHONY/Applications/VRP/src/Master/vrp_master.c,
 SYMPHONY/Applications/VRP/src/Master/vrp_master_functions.c
Copyright: 2000-2007 Ted Ralphs
License: CPL-0.5

Files: SYMPHONY/Applications/CNRP/include/cnrp_cg.h,
 SYMPHONY/Applications/CNRP/include/cnrp_cg_params.h,
 SYMPHONY/Applications/CNRP/include/cnrp_common_types.h,
 SYMPHONY/Applications/CNRP/include/cnrp_const.h,
 SYMPHONY/Applications/CNRP/include/cnrp_cp.h,
 SYMPHONY/Applications/CNRP/include/cnrp_cp_params.h,
 SYMPHONY/Applications/CNRP/include/cnrp_dg.h,
 SYMPHONY/Applications/CNRP/include/cnrp_dg_functions.h,
 SYMPHONY/Applications/CNRP/include/cnrp_io.h,
 SYMPHONY/Applications/CNRP/include/cnrp_lp.h,
 SYMPHONY/Applications/CNRP/include/cnrp_lp_params.h,
 SYMPHONY/Applications/CNRP/include/cnrp_macros.h,
 SYMPHONY/Applications/CNRP/include/cnrp_master_functions.h,
 SYMPHONY/Applications/CNRP/include/cnrp_messages.h,
 SYMPHONY/Applications/CNRP/include/cnrp_types.h,
 SYMPHONY/Applications/CNRP/include/compute_cost.h,
 SYMPHONY/Applications/CNRP/include/network.h,
 SYMPHONY/Applications/CNRP/include/small_graph.h,
 SYMPHONY/Applications/VRP/include/compute_cost.h,
 SYMPHONY/Applications/VRP/include/network.h,
 SYMPHONY/Applications/VRP/include/small_graph.h,
 SYMPHONY/Applications/VRP/include/vrp_cg.h,
 SYMPHONY/Applications/VRP/include/vrp_cg_params.h,
 SYMPHONY/Applications/VRP/include/vrp_common_types.h,
 SYMPHONY/Applications/VRP/include/vrp_cp.h,
 SYMPHONY/Applications/VRP/include/vrp_dg.h,
 SYMPHONY/Applications/VRP/include/vrp_dg_functions.h,
 SYMPHONY/Applications/VRP/include/vrp_io.h,
 SYMPHONY/Applications/VRP/include/vrp_lp.h,
 SYMPHONY/Applications/VRP/include/vrp_lp_params.h,
 SYMPHONY/Applications/VRP/include/vrp_macros.h,
 SYMPHONY/Applications/VRP/include/vrp_master_functions.h,
 SYMPHONY/Applications/VRP/include/vrp_messages.h,
 SYMPHONY/Applications/VRP/include/vrp_types.h,
Copyright: 2000-2009 Ted Ralphs
License: CPL-0.5

Files: ThirdParty/Blas/Makefile.am
Copyright: 2003, 2007 International Business Machines and others
License: CPL-1.0

Files: SYMPHONY/Applications/MCKP/Makefile.orig,
 SYMPHONY/Applications/MPP/Makefile.orig
Copyright: 2005 Lehigh University
License: CPL-0.5

Files: SYMPHONY/Applications/SPP+CUTS/Makefile.orig,
 SYMPHONY/Applications/SPP/Makefile.orig
Copyright: 2005 Marta Eso and Ted Ralphs
License: CPL-0.5

Files: SYMPHONY/Applications/MATCH/Makefile.orig
Copyright: 2005 Michael Trick and Ted Ralphs
License: CPL-0.5

Files: SYMPHONY/include/symphony_api.h
Copyright: 2005 Ted Ralphs
License: CPL-1.0

Files: SYMPHONY/MSVisualStudio/sym.mak
Copyright: 2005-2006 Ted Ralphs
License: CPL-1.0

Files: SYMPHONY/Applications/MPP/src/CutGen/mpp_cg.c,
 SYMPHONY/Applications/MPP/src/CutPool/mpp_cp.c,
 SYMPHONY/Applications/MPP/src/DrawGraph/mpp_dg.c,
 SYMPHONY/Applications/MPP/src/LP/mpp_lp.c,
 SYMPHONY/Applications/MPP/src/LP/mpp_lp_branch.c,
 SYMPHONY/Applications/MPP/src/Master/mpp_master.c
Copyright: 2005-2007 Lehigh University
License: CPL-0.5

Files: SYMPHONY/Applications/SPP+CUTS/src/Common/spp_common.c,
 SYMPHONY/Applications/SPP+CUTS/src/CutGen/spp_cg.c,
 SYMPHONY/Applications/SPP+CUTS/src/CutGen/spp_cg_clique.c,
 SYMPHONY/Applications/SPP+CUTS/src/CutGen/spp_cg_functions.c,
 SYMPHONY/Applications/SPP+CUTS/src/CutPool/spp_cp.c,
 SYMPHONY/Applications/SPP+CUTS/src/DrawGraph/spp_dg.c,
 SYMPHONY/Applications/SPP+CUTS/src/LP/spp_lp.c,
 SYMPHONY/Applications/SPP+CUTS/src/LP/spp_lp_branch.c,
 SYMPHONY/Applications/SPP+CUTS/src/LP/spp_lp_functions.c,
 SYMPHONY/Applications/SPP+CUTS/src/Master/spp_master.c,
 SYMPHONY/Applications/SPP+CUTS/src/Master/spp_master_functions.c,
 SYMPHONY/Applications/SPP/src/Common/spp_common.c,
 SYMPHONY/Applications/SPP/src/CutGen/spp_cg.c,
 SYMPHONY/Applications/SPP/src/CutPool/spp_cp.c,
 SYMPHONY/Applications/SPP/src/DrawGraph/spp_dg.c,
 SYMPHONY/Applications/SPP/src/LP/spp_lp.c,
 SYMPHONY/Applications/SPP/src/LP/spp_lp_branch.c,
 SYMPHONY/Applications/SPP/src/Master/spp_master.c,
 SYMPHONY/Applications/SPP/src/Master/spp_master_functions.c
Copyright: 2005-2007 Marta Eso and Ted Ralphs
License: CPL-0.5

Files: SYMPHONY/Applications/MATCH/src/CutGen/user_cg.c,
 SYMPHONY/Applications/MATCH/src/CutPool/user_cp.c,
 SYMPHONY/Applications/MATCH/src/DrawGraph/user_dg.c,
 SYMPHONY/Applications/MATCH/src/LP/user_lp.c,
 SYMPHONY/Applications/MATCH/src/LP/user_lp_branch.c,
 SYMPHONY/Applications/MATCH/src/Master/user_master.c
Copyright: 2005-2007 Michael Trick and Ted Ralphs
License: CPL-0.5

Files: SYMPHONY/Applications/MPP/include/mpp.h
Copyright: 2005-2008 Lehigh University
License: CPL-0.5

Files: SYMPHONY/Examples/bicriteria.c,
 SYMPHONY/Examples/milp.c, SYMPHONY/Examples/milp2.c,
 SYMPHONY/Examples/milpOsi.c, SYMPHONY/Examples/milpOsi2.c,
 SYMPHONY/Examples/sensitivity.c, SYMPHONY/Examples/warm_start1.c,
 SYMPHONY/Examples/warm_start2.c, SYMPHONY/Examples/warm_start3.c
Copyright: 2005-2008 Lehigh University
License: CPL-1.0

Files: SYMPHONY/Applications/MATCH/include/user.h
Copyright: 2005-2008 Michael Trick and Ted Ralphs
License: CPL-0.5

Files: SYMPHONY/Doc/Walkthrough.tex
Copyright: 2005-2008 Mike Trick and Ted Ralphs
License: CPL-1.0

Files: SYMPHONY/Applications/MCKP/mckp_main.c
Copyright: 2005-2009 Lehigh University
License: CPL-0.5

Files: SYMPHONY/Examples/FLOPC++/Makefile
Copyright: 2005-2009 Lehigh University
License: CPL-1.0

Files: SYMPHONY/Applications/SPP+CUTS/include/spp.h,
 SYMPHONY/Applications/SPP+CUTS/include/spp_cg.h,
 SYMPHONY/Applications/SPP+CUTS/include/spp_cg_clique.h,
 SYMPHONY/Applications/SPP+CUTS/include/spp_cg_functions.h,
 SYMPHONY/Applications/SPP+CUTS/include/spp_cg_params.h,
 SYMPHONY/Applications/SPP+CUTS/include/spp_common.h,
 SYMPHONY/Applications/SPP+CUTS/include/spp_constants.h,
 SYMPHONY/Applications/SPP+CUTS/include/spp_lp.h,
 SYMPHONY/Applications/SPP+CUTS/include/spp_lp_functions.h,
 SYMPHONY/Applications/SPP+CUTS/include/spp_lp_params.h,
 SYMPHONY/Applications/SPP+CUTS/include/spp_macros.h,
 SYMPHONY/Applications/SPP+CUTS/include/spp_master_functions.h,
 SYMPHONY/Applications/SPP+CUTS/include/spp_types.h,
 SYMPHONY/Applications/SPP/include/spp.h,
 SYMPHONY/Applications/SPP/include/spp_common.h,
 SYMPHONY/Applications/SPP/include/spp_constants.h,
 SYMPHONY/Applications/SPP/include/spp_macros.h,
 SYMPHONY/Applications/SPP/include/spp_master_functions.h,
 SYMPHONY/Applications/SPP/include/spp_types.h
Copyright: 2005-2009 Marta Eso and Ted Ralphs
License: CPL-0.5

Files: SYMPHONY/include/symphony.h
Copyright: 2005-2009 Ted Ralphs
License: CPL-1.0

Files: Data/Sample/configure.ac
Copyright: 2006 International Business Machines
License: CPL-1.0

Files: Data/Sample/Makefile.am
Copyright: 2006 International Business Machines and others
License: CPL-1.0

Files: BuildTools/run_autotools, ThirdParty/Blas/configure.ac,
 ThirdParty/Lapack/configure.ac
Copyright: 2006, 2007 International Business Machines
License: CPL-1.0

Files: BuildTools/Makemain.inc
Copyright: 2006, 2007 International Business Machines and others
License: CPL-1.0

Files: ThirdParty/Lapack/Makefile.am
Copyright: 2006, 2008 International Business Machines and others
License: CPL-1.0

Files: BuildTools/coin.m4
Copyright: 2006, 2009 International Business Machines
License: CPL-1.0

Files: Makefile.am, SYMPHONY/Makefile.am, SYMPHONY/configure.ac,
 SYMPHONY/include/sym_prep.h, SYMPHONY/include/sym_prep_params.h,
 SYMPHONY/include/sym_primal_heuristics.h, SYMPHONY/src/LP/lp_heuristics.c,
 SYMPHONY/src/Makefile.am, SYMPHONY/src/Master/master_prep.c,
 SYMPHONY/src/Master/master_prep_base.c, SYMPHONY/src/Master/master_prep_sr.c,
 SYMPHONY/test/Makefile.am, SYMPHONY/test/OsiSymSolverInterfaceTest.cpp,
 SYMPHONY/test/unitTestSym.cpp, configure.ac
Copyright: 2006-2009 Lehigh University
License: CPL-1.0

Files: BuildTools/commit_new_release, BuildTools/compile_f2c/compile_f2c,
 BuildTools/prepare_new_release
Copyright: 2007 International Business Machines
License: CPL-1.0

Files: BuildTools/set_externals
Copyright: 2007 International Business Machines,
           2009 Lehigh University
License: CPL-1.0

Files: ThirdParty/Glpk/configure.ac
Copyright: 2007-2008 Stefan Vigerske and others

Files: ThirdParty/Glpk/Makefile.am
Copyright: 2007-2009 Stefan Vigerske

Files: debian/*
Copyright: 2010 Aramian Wasielak <aramian.wasielak@gmail.com>
License: CPL-1.0

License: CPL-1.0
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 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.

 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.

License: CPL-0.5
 Common Public License Version 0.5
 
 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.
 
 1. DEFINITIONS
 
 "Contribution" means:
 
 a) in the case of the initial Contributor, the initial code and
 documentation distributed under this Agreement, and
 
 b) in the case of each subsequent 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 any person or 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.
 
 "Program" means the Contributions distributed in accordance with this
 Agreement.
 
 "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.
 
 Contributors may not remove or alter any copyright notices contained
 within the Program.
 
 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.
 
 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.
 
 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.