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@@ -0,0 +1,231 @@ +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. |