Mercurial > hg > graal-compiler
comparison LICENSE.EPL @ 13514:0fbee3eb71f0
Ruby: import project.
author | Chris Seaton <chris.seaton@oracle.com> |
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date | Mon, 06 Jan 2014 17:12:09 +0000 |
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1 Some parts of this software are marked as being licensed to you under the terms | |
2 of the Eclipse Public License version 1.0, as follows. | |
3 | |
4 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE | |
5 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION | |
6 OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. | |
7 | |
8 1. DEFINITIONS | |
9 | |
10 "Contribution" means: | |
11 | |
12 a) in the case of the initial Contributor, the initial code and | |
13 documentation distributed under this Agreement, and | |
14 | |
15 b) in the case of each subsequent Contributor: | |
16 | |
17 i) changes to the Program, and | |
18 | |
19 ii) additions to the Program; | |
20 where such changes and/or additions to the Program | |
21 originate from and are distributed by that particular | |
22 Contributor. A Contribution 'originates' from a | |
23 Contributor if it was added to the Program by such | |
24 Contributor itself or anyone acting on such | |
25 Contributor's behalf. Contributions do not include | |
26 additions to the Program which: (i) are separate modules | |
27 of software distributed in conjunction with the Program | |
28 under their own license agreement, and (ii) are not | |
29 derivative works of the Program. | |
30 | |
31 "Contributor" means any person or entity that distributes the Program. | |
32 | |
33 "Licensed Patents" mean patent claims licensable by a Contributor | |
34 which are necessarily infringed by the use or sale of its | |
35 Contribution alone or when combined with the Program. | |
36 | |
37 "Program" means the Contributions distributed in accordance with | |
38 this Agreement. | |
39 | |
40 "Recipient" means anyone who receives the Program under this | |
41 Agreement, including all Contributors. | |
42 | |
43 2. GRANT OF RIGHTS | |
44 | |
45 a) Subject to the terms of this Agreement, each Contributor | |
46 hereby grants Recipient a non-exclusive, worldwide, | |
47 royalty-free copyright license to reproduce, prepare | |
48 derivative works of, publicly display, publicly perform, | |
49 distribute and sublicense the Contribution of such | |
50 Contributor, if any, and such derivative works, in source | |
51 code and object code form. | |
52 | |
53 b) Subject to the terms of this Agreement, each Contributor | |
54 hereby grants Recipient a non-exclusive, worldwide, | |
55 royalty-free patent license under Licensed Patents to make, | |
56 use, sell, offer to sell, import and otherwise transfer the | |
57 Contribution of such Contributor, if any, in source code and | |
58 object code form. This patent license shall apply to the | |
59 combination of the Contribution and the Program if, at the | |
60 time the Contribution is added by the Contributor, such | |
61 addition of the Contribution causes such combination to be | |
62 covered by the Licensed Patents. The patent license shall not | |
63 apply to any other combinations which include the | |
64 Contribution. No hardware per se is licensed hereunder. | |
65 | |
66 c) Recipient understands that although each Contributor grants | |
67 the licenses to its Contributions set forth herein, no | |
68 assurances are provided by any Contributor that the Program | |
69 does not infringe the patent or other intellectual property | |
70 rights of any other entity. Each Contributor disclaims any | |
71 liability to Recipient for claims brought by any other entity | |
72 based on infringement of intellectual property rights or | |
73 otherwise. As a condition to exercising the rights and | |
74 licenses granted hereunder, each Recipient hereby assumes | |
75 sole responsibility to secure any other intellectual property | |
76 rights needed, if any. For example, if a third party patent | |
77 license is required to allow Recipient to distribute the | |
78 Program, it is Recipient's responsibility to acquire that | |
79 license before distributing the Program. | |
80 | |
81 d) Each Contributor represents that to its knowledge it has | |
82 sufficient copyright rights in its Contribution, if any, to | |
83 grant the copyright license set forth in this Agreement. | |
84 | |
85 3. REQUIREMENTS | |
86 | |
87 A Contributor may choose to distribute the Program in object code | |
88 form under its own license agreement, provided that: | |
89 | |
90 a) it complies with the terms and conditions of this Agreement; and | |
91 | |
92 b) its license agreement: | |
93 | |
94 i) effectively disclaims on behalf of all Contributors all | |
95 warranties and conditions, express and implied, including | |
96 warranties or conditions of title and non-infringement, | |
97 and implied warranties or conditions of merchantability | |
98 and fitness for a particular purpose; | |
99 | |
100 ii) effectively excludes on behalf of all Contributors all | |
101 liability for damages, including direct, indirect, | |
102 special, incidental and consequential damages, such as | |
103 lost profits; | |
104 | |
105 iii) states that any provisions which differ from this | |
106 Agreement are offered by that Contributor alone and not | |
107 by any other party; and | |
108 | |
109 iv) states that source code for the Program is available | |
110 from such Contributor, and informs licensees how to | |
111 obtain it in a reasonable manner on or through a medium | |
112 customarily used for software exchange. | |
113 | |
114 When the Program is made available in source code form: | |
115 | |
116 a) it must be made available under this Agreement; and | |
117 | |
118 b) a copy of this Agreement must be included with each copy of | |
119 the Program. | |
120 | |
121 Contributors may not remove or alter any copyright notices contained | |
122 within the Program. | |
123 | |
124 Each Contributor must identify itself as the originator of its | |
125 Contribution, if any, in a manner that reasonably allows subsequent | |
126 Recipients to identify the originator of the Contribution. | |
127 | |
128 4. COMMERCIAL DISTRIBUTION | |
129 | |
130 Commercial distributors of software may accept certain | |
131 responsibilities with respect to end users, business partners and | |
132 the like. While this license is intended to facilitate the | |
133 commercial use of the Program, the Contributor who includes the | |
134 Program in a commercial product offering should do so in a manner | |
135 which does not create potential liability for other Contributors. | |
136 Therefore, if a Contributor includes the Program in a commercial | |
137 product offering, such Contributor ("Commercial Contributor") hereby | |
138 agrees to defend and indemnify every other Contributor ("Indemnified | |
139 Contributor") against any losses, damages and costs (collectively | |
140 "Losses") arising from claims, lawsuits and other legal actions | |
141 brought by a third party against the Indemnified Contributor to the | |
142 extent caused by the acts or omissions of such Commercial | |
143 Contributor in connection with its distribution of the Program in a | |
144 commercial product offering. The obligations in this section do not | |
145 apply to any claims or Losses relating to any actual or alleged | |
146 intellectual property infringement. In order to qualify, an | |
147 Indemnified Contributor must: a) promptly notify the Commercial | |
148 Contributor in writing of such claim, and b) allow the Commercial | |
149 Contributor to control, and cooperate with the Commercial | |
150 Contributor in, the defense and any related settlement negotiations. | |
151 The Indemnified Contributor may participate in any such claim at its | |
152 own expense. | |
153 | |
154 For example, a Contributor might include the Program in a commercial | |
155 product offering, Product X. That Contributor is then a Commercial | |
156 Contributor. If that Commercial Contributor then makes performance | |
157 claims, or offers warranties related to Product X, those performance | |
158 claims and warranties are such Commercial Contributor's | |
159 responsibility alone. Under this section, the Commercial Contributor | |
160 would have to defend claims against the other Contributors related | |
161 to those performance claims and warranties, and if a court requires | |
162 any other Contributor to pay any damages as a result, the Commercial | |
163 Contributor must pay those damages. | |
164 | |
165 5. NO WARRANTY | |
166 | |
167 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS | |
168 PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF | |
169 ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, | |
170 ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, | |
171 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient | |
172 is solely responsible for determining the appropriateness of using | |
173 and distributing the Program and assumes all risks associated with | |
174 its exercise of rights under this Agreement , including but not | |
175 limited to the risks and costs of program errors, compliance with | |
176 applicable laws, damage to or loss of data, programs or equipment, | |
177 and unavailability or interruption of operations. | |
178 | |
179 6. DISCLAIMER OF LIABILITY | |
180 | |
181 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT | |
182 NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, | |
183 INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES | |
184 (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON | |
185 ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR | |
186 TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF | |
187 THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS | |
188 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH | |
189 DAMAGES. | |
190 | |
191 7. GENERAL | |
192 | |
193 If any provision of this Agreement is invalid or unenforceable under | |
194 applicable law, it shall not affect the validity or enforceability | |
195 of the remainder of the terms of this Agreement, and without further | |
196 action by the parties hereto, such provision shall be reformed to | |
197 the minimum extent necessary to make such provision valid and | |
198 enforceable. | |
199 | |
200 If Recipient institutes patent litigation against any entity | |
201 (including a cross-claim or counterclaim in a lawsuit) alleging that | |
202 the Program itself (excluding combinations of the Program with other | |
203 software or hardware) infringes such Recipient's patent(s), then | |
204 such Recipient's rights granted under Section 2(b) shall terminate | |
205 as of the date such litigation is filed. | |
206 | |
207 All Recipient's rights under this Agreement shall terminate if it | |
208 fails to comply with any of the material terms or conditions of this | |
209 Agreement and does not cure such failure in a reasonable period of | |
210 time after becoming aware of such noncompliance. If all Recipient's | |
211 rights under this Agreement terminate, Recipient agrees to cease use | |
212 and distribution of the Program as soon as reasonably practicable. | |
213 However, Recipient's obligations under this Agreement and any | |
214 licenses granted by Recipient relating to the Program shall continue | |
215 and survive. | |
216 | |
217 Everyone is permitted to copy and distribute copies of this | |
218 Agreement, but in order to avoid inconsistency the Agreement is | |
219 copyrighted and may only be modified in the following manner. The | |
220 Agreement Steward reserves the right to publish new versions | |
221 (including revisions) of this Agreement from time to time. No one | |
222 other than the Agreement Steward has the right to modify this | |
223 Agreement. The Eclipse Foundation is the initial Agreement Steward. | |
224 The Eclipse Foundation may assign the responsibility to serve as the | |
225 Agreement Steward to a suitable separate entity. Each new version of | |
226 the Agreement will be given a distinguishing version number. The | |
227 Program (including Contributions) may always be distributed subject | |
228 to the version of the Agreement under which it was received. In | |
229 addition, after a new version of the Agreement is published, | |
230 Contributor may elect to distribute the Program (including its | |
231 Contributions) under the new version. Except as expressly stated in | |
232 Sections 2(a) and 2(b) above, Recipient receives no rights or | |
233 licenses to the intellectual property of any Contributor under this | |
234 Agreement, whether expressly, by implication, estoppel or otherwise. | |
235 All rights in the Program not expressly granted under this Agreement | |
236 are reserved. | |
237 | |
238 This Agreement is governed by the laws of the State of New York and | |
239 the intellectual property laws of the United States of America. No | |
240 party to this Agreement will bring a legal action under this | |
241 Agreement more than one year after the cause of action arose. Each | |
242 party waives its rights to a jury trial in any resulting litigation. |