PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING OR USING THE JIKESTM COMPILER CODE BASE AND DOCUMENTATION ACCOMPANYING THIS AGREEMENT (THE "Agreement"), YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Definitions.
"Original Code" shall mean the code originally contributed by IBM Corporation ("IBM").
"Program" shall mean the Original Code and all Modifications.
"Modification" shall mean any addition to or deletion from the Program.
"Licensed Code" shall mean a program used for compiling source code.
"Contributors" shall mean IBM and any person or entity that makes a Modification to the Program.
"Participating Contributor" shall mean a Contributor that submits a Modification to IBM for distribution.
2. Grant of Rights. Subject to the terms and conditions of this Agreement, IBM and each Participating Contributor hereby grants to YOU a non-exclusive, worldwide, royalty free license under any copyrights in the Original Code and Modifications, respectively, as distributed by IBM, to execute, prepare derivative works of, and distribute (internally and externally) the Program as distributed by IBM and such derivative works thereof.
IBM grants to YOU a non-exclusive, worldwide, royalty free license to make, use, sell, offer to sell or import the Original Code for use in Licensed Code under any patents licensable by IBM (but only to the extent such grant would not require payment of royalties or other consideration by IBM to others), provided that:
i) such license shall only be under claims of such patents necessarily infringed by Original Code; and
ii) YOUR Program includes more than 60% of the Original Code and such portion of Original Code included in YOUR program is reachable during normal operation of YOUR program.
No patent license or other right is granted to YOU by IBM:
i) to have the Original Code made for YOU by a third party;
ii) with respect to any hardware or software other than the Original Code, notwithstanding that such hardware or software may incorporate the Original Code; or
iii) under claims of such patents directed to the combination of the Original Code with any other hardware or software, or directed to the use of any such combination.
Each Contributor grants to YOU a non-exclusive, worldwide, royalty free license to make, use, sell, offer to sell or import the Program for use in Licensed Code under any patents licensable by such Contributor (but only to the extent such grant would not require payment of royalties or other consideration by such Contributor to others), provided that:
i) such license shall only be under claims of such patents necessarily infringed by the Program solely as a result of the Modifications that such Contributor makes and distributes externally; and
ii) YOUR Program includes more than 60% of the Program as distributed by IBM and such portion of the Program as distributed by IBM included in YOUR Program is reachable during normal operation of YOUR Program.
No patent license or other right is granted to YOU by such Contributor:
i) to have the Program made for YOU by a third party;
ii) with respect to any hardware or software other than the Program, notwithstanding that such hardware or software may incorporate the Program; or
iii) under claims of such patents directed to the combination of the Program with any other hardware or software, or directed to the use of any such combination.
The licenses granted to YOU under this Agreement by a particular Contributor shall immediately terminate should YOU initiate legal action against such Contributor for intellectual property infringement.
In the event that YOU are a Contributor, YOU represent that, except as disclosed in YOUR contribution, YOUR contributions are YOUR original creation(s) and, to the best of YOUR knowledge, no third party has any claim (including but not limited to intellectual property claims) relating to YOUR Modification. YOU represent that YOUR contribution includes complete details of any license or other restriction associated with any part of YOUR Modification (including a copy of any applicable license agreement).
If YOU learn of a third party claim or other restriction relating to the Program or to YOUR Modification, YOU shall promptly modify YOUR Modification and take all reasonable steps to inform those who may have received the Program containing such Modification.
3. Distribution. If YOU distribute the Program or any portion thereof, YOU must include the following in a conspicuous location in an agreement governing such distribution:
This software is subject to the terms of the IBM Jikes Compiler
License Agreement available at the following URL:
http://www.ibm.com/research/jikes.
Copyright (C) 1996, 1999, International Business Machines Corporation
and others. All Rights Reserved.
You must accept the terms of that agreement to use this software.
In addition, each source and data file of the Program or portion thereof that YOU distribute must contain the following:
This software is subject to the terms of the IBM Jikes Compiler
License Agreement available at the following URL:
http://www.ibm.com/research/jikes.
Copyright (C) 1996, 1999, International Business Machines Corporation
and others. All Rights Reserved.
You must accept the terms of that agreement to use this software.
If YOU distribute the Program or any portion thereof, YOU must include the following in appropriate and conspicuous locations:
Includes software which is Copyright (C) 1996, 1999, IBM Corporation and others. All Rights Reserved.
4. Attribution. YOU must include the following statement on all copies of the Program or derivative works of the Program which YOU distribute:
This product includes software developed by IBM Corp. as part of the IBM Research Jikes Compiler Project, http://www.ibm.com/research/jikes.
5. Termination. In the event a claim is made or appears likely to be made with respect to the Program, YOU agree to permit IBM to enable YOU to continue to use the Program, or to modify it, or replace it with software that is at least functionally equivalent. If IBM determines that none of these alternatives is reasonably available, YOU agree, at IBM's request, upon notice to YOU, to discontinue further distribution of the Program and to delete or destroy all copies of the Program you possess. YOU agree that such notice may be provided to YOU by posting such notice to the following URL: http://www.ibm.com/research/jikes. YOU understand that it is YOUR obligation to monitor the URL: http://www.ibm.com/research/jikes for such notice. This is IBM's entire obligation to YOU regarding any such claim.
If YOU fail to comply with this Agreement, YOUR rights and licenses (but not YOUR obligations) hereunder shall terminate automatically unless YOU cure such failure to comply within thirty days of becoming aware of such noncompliance.
6. Other Terms. Except for the copyright notices required above or as otherwise agreed, YOU may not use any trademark of any of the Contributors.
YOU AGREE THAT THE PROGRAM IS PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND (EITHER EXPRESS OR IMPLIED) INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON INFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This Agreement may be changed by IBM from time to time, and the amended license will apply to all copies of the Program downloaded after the new license is posted. This Agreement provides YOU no implied rights or licenses to the intellectual property of any Contributor. The substantive laws of the State of New York without regard to its conflicts of law principles shall govern this Agreement.