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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.
The MIT License
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without restriction,
including without limitation the rights to use, copy, modify,
merge, publish, distribute, sublicense, and/or sell copies of the
