legal/CPL-1.0.txt
author RM packaging bot <staff.rm@openbravo.com>
Wed, 30 Oct 2013 20:23:55 +0100
changeset 21406 80f375c041fe
parent 1738 d8dcb2ecfd14
permissions -rw-r--r--
CI: update AD_MODULE to version 21405
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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.
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1. DEFINITIONS
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"Contribution" means:
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a) in the case of the initial Contributor, the initial code and
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documentation 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 a
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Contributor if it was added to the Program by such Contributor itself or anyone
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acting on such Contributor's behalf. Contributions do not include additions to
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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 not
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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,
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including all Contributors.
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2. 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
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reproduce, prepare derivative works of, publicly display, publicly perform,
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distribute and sublicense the Contribution of such Contributor, if any, and such
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derivative 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 the
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Program if, at the time the Contribution is added by the Contributor, such
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addition of the Contribution causes such combination to be covered by the
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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
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Contributor that the Program does not infringe the patent or other intellectual
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property rights of any other entity. Each Contributor disclaims any liability to
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Recipient for claims brought by any other entity based on infringement of
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intellectual property rights or otherwise. As a condition to exercising the
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rights and licenses granted hereunder, each Recipient hereby assumes sole
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responsibility to secure any other intellectual property rights needed, if any.
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For example, if a third party patent license is required to allow Recipient to
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distribute the Program, it is Recipient's responsibility to acquire that license
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before distributing the Program.
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d) Each Contributor represents that to its knowledge it has sufficient
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copyright rights in its Contribution, if any, to grant the copyright license set
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forth in this Agreement.
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3. REQUIREMENTS
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A Contributor may choose to distribute the Program in object code form under its
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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 and
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non-infringement, and implied warranties or conditions of merchantability and
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fitness for a particular purpose;
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ii) effectively excludes on behalf of all Contributors all liability for
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damages, including direct, indirect, special, incidental and consequential
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damages, 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
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Contributor, and informs licensees how to obtain it in a reasonable manner on or
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through 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 the
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Program.
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Each Contributor must identify itself as the originator of its Contribution, if
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any, in a manner that reasonably allows subsequent Recipients to identify the
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originator of the Contribution.
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4. 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 who
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includes the Program in a commercial product offering should do so in a manner
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which does not create potential liability for other Contributors. Therefore, if
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a Contributor includes the Program in a commercial product offering, such
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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 legal
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actions brought by a third party against the Indemnified Contributor to the
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extent caused by the acts or omissions of such Commercial Contributor in
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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 to
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control, and cooperate with the Commercial Contributor in, the defense and any
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related settlement negotiations. The Indemnified Contributor may participate in
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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 that
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Commercial Contributor then makes performance claims, or offers warranties
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related to Product X, those performance claims and warranties are such
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Commercial Contributor's responsibility alone. Under this section, the
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Commercial Contributor would have to defend claims against the other
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Contributors related to those performance claims and warranties, and if a court
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requires any other Contributor to pay any damages as a result, the Commercial
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Contributor must pay those damages.
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5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
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"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
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IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
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NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
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Recipient is solely responsible for determining the appropriateness of using and
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distributing the Program and assumes all risks associated with its exercise of
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rights under this Agreement, including but not limited to the risks and costs of
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program errors, compliance with applicable laws, damage to or loss of data,
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programs or equipment, and unavailability or interruption of operations.
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6. 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 LOST
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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 WAY
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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.
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7. 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 the
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terms of this Agreement, and without further action by the parties hereto, such
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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 to
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a patent applicable to software (including a cross-claim or counterclaim in a
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lawsuit), then any patent licenses granted by that Contributor to such Recipient
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under this Agreement shall terminate as of the date such litigation is filed. In
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addition, if Recipient institutes patent litigation against any entity
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(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
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itself (excluding combinations of the Program with other software or hardware)
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infringes such Recipient's patent(s), then such Recipient's rights granted under
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Section 2(b) shall terminate as of the date such litigation 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 does
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not cure such failure in a reasonable period of time after becoming aware of
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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
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reasonably practicable. However, Recipient's obligations under this Agreement
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and any licenses granted by Recipient relating to the Program shall continue and
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survive.
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Everyone is permitted to copy and distribute copies of this Agreement, but in
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order to avoid inconsistency the Agreement is copyrighted and may only be
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modified in the following manner. The Agreement Steward reserves the right to
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publish new versions (including revisions) of this Agreement from time to time.
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No one other than the Agreement Steward has the right to modify this Agreement.
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IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
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as the Agreement Steward to a suitable separate entity. Each new version of the
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Agreement will be given a distinguishing version number. The Program (including
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Contributions) may always be distributed subject to the version of the Agreement
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under which it was received. In addition, after a new version of the Agreement
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is published, Contributor may elect to distribute the Program (including its
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Contributions) under the new version. Except as expressly stated in Sections
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2(a) and 2(b) above, Recipient receives no rights or licenses to the
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intellectual property of any Contributor under this Agreement, whether
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expressly, by implication, estoppel or otherwise. All rights in the Program not
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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
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intellectual property laws of the United States of America. No party to this
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Agreement will bring a legal action under this Agreement more than one year
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after the cause of action arose. Each party waives its rights to a jury trial in
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any resulting litigation.