This is potentially the new license for the IBM Secure Mailer (aka
Postfix), and might get applied to other things.

I'm not on debian-legal, but I would encourage anyone who has any
reasons this wouldn't be DFSG free to contact Weitse.

Mike.

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And here it is.  Reactions are welcome, before we apply this license
to Postfix/Secure Mailer.

        Wietse

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IBM PUBLIC LICENSE - [INSERT NAME OF PROJECT] VERSION 1.0
6/14/99

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:  
    a) in the case of International Business Machines Corporation ("IBM"), 
       the Original Program, and 
    b) in the case of each Contributor, 
       i)  changes to the Program, and
       ii) 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

    a) 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,
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    object code form.

    b) 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,
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    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
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    c) Recipient understands that although each Contributor grants the
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    the Program.

    d) Each Contributor represents that to its knowledge it has sufficient
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A Contributor may choose to distribute the Program in object code form 
under its own license agreement, provided that:
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When the Program is made available in source code form:
    a) it must be made available under this Agreement; and 
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       Program.  

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

    Copyright (c) {date here}, 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. 

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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
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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
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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
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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. 

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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. 





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