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19 b) in the case of each subsequent Contributor:</FONT></UL>
41 <UL><FONT SIZE="2"></FONT><FONT SIZE="2">a) </FONT><FONT SIZE="2">Subject to the terms of this Agreement, each Contributor hereby grants</FONT><FONT SIZE="2"> Recipient a non-exclusive, worldwide, royalty-free copyright license to</FONT><FONT SIZE="2" COLOR="#FF0000"> </FONT><FONT SIZE="2">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.</FONT></UL>
47 <UL><FONT SIZE="2"></FONT><FONT SIZE="2">b) Subject to the terms of this Agreement, each Contributor hereby grants </FONT><FONT SIZE="2">Recipient a non-exclusive, worldwide,</FONT><FONT SIZE="2" COLOR="#008000"> </FONT><FONT SIZE="2">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. </FONT></UL>
53 <UL><FONT SIZE="2">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.</FONT></UL>
59 <UL><FONT SIZE="2">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. </FONT></UL>
92 <UL><FONT SIZE="2">b) a copy of this Agreement must be included with each copy of the Program. </FONT></UL>
97 <P><FONT SIZE="2">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. </FONT>
105 <P><FONT SIZE="2">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</FONT><FONT SIZE="2"> solely responsible for determining the appropriateness of using and distributing </FONT><FONT SIZE="2">the Program</FONT><FONT SIZE="2"> and assumes all risks associated with its exercise of rights under this Agreement</FONT><FONT SIZE="2">, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, </FONT><FONT SIZE="2">programs or equipment, and unavailability or interruption of operations</FONT><FONT SIZE="2">. </FONT><FONT SIZE="2"></FONT>
117 <P><FONT SIZE="2"></FONT><FONT SIZE="2">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 </FONT><FONT SIZE="2">publish new versions (including revisions) of this Agreement from time to </FONT><FONT SIZE="2">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. </FONT><FONT SIZE="2">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 </FONT><FONT SIZE="2">version. </FONT><FONT SIZE="2">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, </FONT><FONT SIZE="2">by implication, estoppel or otherwise</FONT><FONT SIZE="2">.</FONT><FONT SIZE="2"> All rights in the Program not expressly granted under this Agreement are reserved.</FONT>
119 <P><FONT SIZE="2">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.</FONT>
