|
13514
|
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.
|
