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File CPL of Package ksh.5736

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|          This license covers all software that refers to the URL             |
|               http://www.opensource.org/licenses/cpl1.0.txt                  |
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Common Public License Version 1.0

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.

Copyright (c) 2004 by the Open Source Initiative
This is a copy of the license posted on 2004-10-06 at:
   http://www.opensource.org/licenses/cpl

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