21. IBM Public License Version 1.0 - Bean Scripting Framework

IBM PUBLIC LICENSE VERSION 1.0 - BEAN SCRIPTING FRAMEWORK

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC 
LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE 
PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:

   1. in the case of International Business Machines Corporation ("IBM"), 
      the Original Program, and
   2. in the case of each Contributor,
         1. changes to the Program, and
         2. 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 IBM and any other 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.

"Original Program" means the original version of the software accompanying 
this Agreement as released by IBM, including source code, object code and 
documentation, if any.

"Program" means the Original Program and Contributions.

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

2. GRANT OF RIGHTS

   1. 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.
   2. 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.
   3. 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.
   4. 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:

   1. it complies with the terms and conditions of this Agreement; and
   2. its license agreement:
         1. 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;
         2. effectively excludes on behalf of all Contributors all liability 
            for damages, including direct, indirect, special, incidental and 
            consequential damages, such as lost profits;
         3. states that any provisions which differ from this Agreement are 
            offered by that Contributor alone and not by any other party; 
            and
         4. 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:

   1. it must be made available under this Agreement; and
   2. a copy of this Agreement must be included with each copy of the 
      Program. 

Each Contributor must include the following in a conspicuous location in the 
Program:

    Copyright (C) 1996, 1999 International Business Machines Corporation and 
    others. All Rights Reserved. 

In addition, 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.

IBM may publish new versions (including revisions) of this Agreement from 
time to time. 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. No one other than IBM has the right 
to modify this Agreement. 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.