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authorMatthias Andreas Benkard <code@mail.matthias.benkard.de>2009-03-06 23:12:31 +0100
committerMatthias Andreas Benkard <code@mail.matthias.benkard.de>2009-03-06 23:12:31 +0100
commit4a4244326b22da8b2ee773d8d01602e14dffc97c (patch)
tree06680e40922c98c4e334da01d8afc0432d9a147f
parent38d127c52d1cc5a26437f5d307fc1494c5a3fa8b (diff)
Apply the Eclipse Public License, version 1.0.
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+Eclipse Public License - v 1.0
+
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
+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 the initial Contributor, the initial code and
+ documentation distributed under this Agreement, and
+
+ b) in the case of each subsequent 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
+ any person or 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.
+
+"Program" means the Contributions distributed in accordance with this
+Agreement.
+
+"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,
+ publicly perform, distribute and sublicense the Contribution of such
+ Contributor, if any, and such derivative works, in source code and
+ 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,
+ 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.
+
+ 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.
+
+ 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.
+
+
+3. REQUIREMENTS
+
+A Contributor may choose to distribute the Program in object code form
+under its own license agreement, provided that:
+
+ a) it complies with the terms and conditions of this Agreement; and
+
+ b) its license agreement:
+
+ i) effectively disclaims on behalf of all Contributors all
+ warranties and conditions, express and implied, including
+ warranties or conditions of title and non-infringement, and
+ implied warranties or conditions of merchantability and
+ fitness for a particular purpose;
+
+ ii) effectively excludes on behalf of all Contributors all
+ liability for damages, including direct, indirect, special,
+ incidental and consequential damages, such as lost profits;
+
+ iii) states that any provisions which differ from this Agreement
+ are offered by that Contributor alone and not by any other
+ party; and
+
+ iv) states that source code for the Program is available from such
+ Contributor, and informs licensees how to obtain it in a
+ reasonable manner on or through a medium customarily used for
+ software exchange. When the Program is made available in
+ source code form:
+
+ a) it must be made available under this Agreement; and
+
+ b) a copy of this Agreement must be included with each copy
+ of the Program. Contributors may not remove or alter any
+ copyright notices contained within the Program.
+
+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.
+
+
+4. COMMERCIAL DISTRIBUTION
+
+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 actions brought by a third party against the Indemnified
+Contributor to the extent caused by the acts or omissions of such
+Commercial Contributor 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 pay any damages as a result, the Commercial Contributor
+must pay those damages.
+
+
+5. NO WARRANTY
+
+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 solely responsible for
+determining 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.
+
+
+6. DISCLAIMER OF LIABILITY
+
+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 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.
+
+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 publish new versions (including revisions) of this
+Agreement from time to time. No one other than the Agreement Steward has
+the right to modify this Agreement. The Eclipse Foundation is the
+initial Agreement Steward. The Eclipse Foundation may assign the
+responsibility to serve as the Agreement Steward to a suitable separate
+entity. 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. 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.