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Ruby: import project.
author Chris Seaton <chris.seaton@oracle.com>
date Mon, 06 Jan 2014 17:12:09 +0000
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13513:64a23ce736a0 13514:0fbee3eb71f0
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.
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40 "Recipient" means anyone who receives the Program under this
41 Agreement, including all Contributors.
42
43 2. GRANT OF RIGHTS
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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
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87 A Contributor may choose to distribute the Program in object code
88 form under its own license agreement, provided that:
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90 a) it complies with the terms and conditions of this Agreement; and
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92 b) its license agreement:
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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;
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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;
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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.
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114 When the Program is made available in source code form:
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116 a) it must be made available under this Agreement; and
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118 b) a copy of this Agreement must be included with each copy of
119 the Program.
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121 Contributors may not remove or alter any copyright notices contained
122 within the Program.
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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.
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128 4. COMMERCIAL DISTRIBUTION
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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
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139 Contributor") against any losses, damages and costs (collectively
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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.
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165 5. NO WARRANTY
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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
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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
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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.