LICENSE 11 KB

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  1. Eclipse Public License - v 1.0
  2. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
  3. PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
  4. DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
  5. AGREEMENT.
  6. 1. DEFINITIONS
  7. "Contribution" means:
  8. a) in the case of the initial Contributor, the initial code and
  9. documentation distributed under this Agreement, and
  10. b) in the case of each subsequent Contributor:
  11. i) changes to the Program, and
  12. ii) additions to the Program;
  13. where such changes and/or additions to the Program
  14. originate from and are distributed by that particular Contributor. A
  15. Contribution 'originates' from a Contributor if it was added to the
  16. Program by such Contributor itself or anyone acting on such
  17. Contributor's behalf. Contributions do not include additions to the
  18. Program which: (i) are separate modules of software distributed in
  19. conjunction with the Program under their own license agreement, and (ii)
  20. are not derivative works of the Program.
  21. "Contributor" means any person or entity that distributes
  22. the Program.
  23. "Licensed Patents" mean patent claims licensable by a Contributor
  24. which are necessarily infringed by the use or sale of its
  25. Contribution alone or when combined with the Program.
  26. "Program" means the Contributions distributed in accordance
  27. with this Agreement.
  28. "Recipient" means anyone who receives the Program under
  29. this Agreement, including all Contributors.
  30. 2. GRANT OF RIGHTS
  31. a) Subject to the terms of this Agreement, each
  32. Contributor hereby grants Recipient a non-exclusive, worldwide,
  33. royalty-free copyright license to reproduce, prepare derivative works
  34. of, publicly display, publicly perform, distribute and sublicense the
  35. Contribution of such Contributor, if any, and such derivative works, in
  36. source code and object code form.
  37. b) Subject to the terms of this Agreement, each
  38. Contributor hereby grants Recipient a non-exclusive, worldwide,
  39. royalty-free patent license under Licensed Patents to make, use, sell,
  40. offer to sell, import and otherwise transfer the Contribution of such
  41. Contributor, if any, in source code and object code form. This patent
  42. license shall apply to the combination of the Contribution and the
  43. Program if, at the time the Contribution is added by the Contributor,
  44. such addition of the Contribution causes such combination to be covered
  45. by the Licensed Patents. The patent license shall not apply to any other
  46. combinations which include the Contribution. No hardware per se is
  47. licensed hereunder.
  48. c) Recipient understands that although each Contributor
  49. grants the licenses to its Contributions set forth herein, no assurances
  50. are provided by any Contributor that the Program does not infringe the
  51. patent or other intellectual property rights of any other entity. Each
  52. Contributor disclaims any liability to Recipient for claims brought by
  53. any other entity based on infringement of intellectual property rights
  54. or otherwise. As a condition to exercising the rights and licenses
  55. granted hereunder, each Recipient hereby assumes sole responsibility to
  56. secure any other intellectual property rights needed, if any. For
  57. example, if a third party patent license is required to allow Recipient
  58. to distribute the Program, it is Recipient's responsibility to acquire
  59. that license before distributing the Program.
  60. d) Each Contributor represents that to its knowledge it
  61. has sufficient copyright rights in its Contribution, if any, to grant
  62. the copyright license set forth in this Agreement.
  63. 3. REQUIREMENTS
  64. A Contributor may choose to distribute the Program in object code
  65. form under its own license agreement, provided that:
  66. a) it complies with the terms and conditions of this
  67. Agreement; and
  68. b) its license agreement:
  69. i) effectively disclaims on behalf of all Contributors
  70. all warranties and conditions, express and implied, including warranties
  71. or conditions of title and non-infringement, and implied warranties or
  72. conditions of merchantability and fitness for a particular purpose;
  73. ii) effectively excludes on behalf of all Contributors
  74. all liability for damages, including direct, indirect, special,
  75. incidental and consequential damages, such as lost profits;
  76. iii) states that any provisions which differ from this
  77. Agreement are offered by that Contributor alone and not by any other
  78. party; and
  79. iv) states that source code for the Program is available
  80. from such Contributor, and informs licensees how to obtain it in a
  81. reasonable manner on or through a medium customarily used for software
  82. exchange.
  83. When the Program is made available in source code form:
  84. a) it must be made available under this Agreement; and
  85. b) a copy of this Agreement must be included with each
  86. copy of the Program.
  87. Contributors may not remove or alter any copyright notices contained
  88. within the Program.
  89. Each Contributor must identify itself as the originator of its
  90. Contribution, if any, in a manner that reasonably allows subsequent
  91. Recipients to identify the originator of the Contribution.
  92. 4. COMMERCIAL DISTRIBUTION
  93. Commercial distributors of software may accept certain
  94. responsibilities with respect to end users, business partners and the
  95. like. While this license is intended to facilitate the commercial use of
  96. the Program, the Contributor who includes the Program in a commercial
  97. product offering should do so in a manner which does not create
  98. potential liability for other Contributors. Therefore, if a Contributor
  99. includes the Program in a commercial product offering, such Contributor
  100. ("Commercial Contributor") hereby agrees to defend and
  101. indemnify every other Contributor ("Indemnified Contributor")
  102. against any losses, damages and costs (collectively "Losses")
  103. arising from claims, lawsuits and other legal actions brought by a third
  104. party against the Indemnified Contributor to the extent caused by the
  105. acts or omissions of such Commercial Contributor in connection with its
  106. distribution of the Program in a commercial product offering. The
  107. obligations in this section do not apply to any claims or Losses
  108. relating to any actual or alleged intellectual property infringement. In
  109. order to qualify, an Indemnified Contributor must: a) promptly notify
  110. the Commercial Contributor in writing of such claim, and b) allow the
  111. Commercial Contributor to control, and cooperate with the Commercial
  112. Contributor in, the defense and any related settlement negotiations. The
  113. Indemnified Contributor may participate in any such claim at its own
  114. expense.
  115. For example, a Contributor might include the Program in a commercial
  116. product offering, Product X. That Contributor is then a Commercial
  117. Contributor. If that Commercial Contributor then makes performance
  118. claims, or offers warranties related to Product X, those performance
  119. claims and warranties are such Commercial Contributor's responsibility
  120. alone. Under this section, the Commercial Contributor would have to
  121. defend claims against the other Contributors related to those
  122. performance claims and warranties, and if a court requires any other
  123. Contributor to pay any damages as a result, the Commercial Contributor
  124. must pay those damages.
  125. 5. NO WARRANTY
  126. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
  127. PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
  128. OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
  129. ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
  130. OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
  131. responsible for determining the appropriateness of using and
  132. distributing the Program and assumes all risks associated with its
  133. exercise of rights under this Agreement , including but not limited to
  134. the risks and costs of program errors, compliance with applicable laws,
  135. damage to or loss of data, programs or equipment, and unavailability or
  136. interruption of operations.
  137. 6. DISCLAIMER OF LIABILITY
  138. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
  139. NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
  140. INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
  141. WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
  142. LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
  143. NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
  144. DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
  145. HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  146. 7. GENERAL
  147. If any provision of this Agreement is invalid or unenforceable under
  148. applicable law, it shall not affect the validity or enforceability of
  149. the remainder of the terms of this Agreement, and without further action
  150. by the parties hereto, such provision shall be reformed to the minimum
  151. extent necessary to make such provision valid and enforceable.
  152. If Recipient institutes patent litigation against any entity
  153. (including a cross-claim or counterclaim in a lawsuit) alleging that the
  154. Program itself (excluding combinations of the Program with other
  155. software or hardware) infringes such Recipient's patent(s), then such
  156. Recipient's rights granted under Section 2(b) shall terminate as of the
  157. date such litigation is filed.
  158. All Recipient's rights under this Agreement shall terminate if it
  159. fails to comply with any of the material terms or conditions of this
  160. Agreement and does not cure such failure in a reasonable period of time
  161. after becoming aware of such noncompliance. If all Recipient's rights
  162. under this Agreement terminate, Recipient agrees to cease use and
  163. distribution of the Program as soon as reasonably practicable. However,
  164. Recipient's obligations under this Agreement and any licenses granted by
  165. Recipient relating to the Program shall continue and survive.
  166. Everyone is permitted to copy and distribute copies of this
  167. Agreement, but in order to avoid inconsistency the Agreement is
  168. copyrighted and may only be modified in the following manner. The
  169. Agreement Steward reserves the right to publish new versions (including
  170. revisions) of this Agreement from time to time. No one other than the
  171. Agreement Steward has the right to modify this Agreement. The Eclipse
  172. Foundation is the initial Agreement Steward. The Eclipse Foundation may
  173. assign the responsibility to serve as the Agreement Steward to a
  174. suitable separate entity. Each new version of the Agreement will be
  175. given a distinguishing version number. The Program (including
  176. Contributions) may always be distributed subject to the version of the
  177. Agreement under which it was received. In addition, after a new version
  178. of the Agreement is published, Contributor may elect to distribute the
  179. Program (including its Contributions) under the new version. Except as
  180. expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
  181. rights or licenses to the intellectual property of any Contributor under
  182. this Agreement, whether expressly, by implication, estoppel or
  183. otherwise. All rights in the Program not expressly granted under this
  184. Agreement are reserved.
  185. This Agreement is governed by the laws of the State of New York and
  186. the intellectual property laws of the United States of America. No party
  187. to this Agreement will bring a legal action under this Agreement more
  188. than one year after the cause of action arose. Each party waives its
  189. rights to a jury trial in any resulting litigation.