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