| Apache License | |
| Version 2.0, January 2004 | |
| http://www.apache.org/licenses/ | |
| TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION | |
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| END OF TERMS AND CONDITIONS | |
| ===================================================================== | |
| Eclipse Public License -v 1.0 | |
| (plain text) | |
| 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. |