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Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
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"Legal Entity" shall mean the union of the acting entity and all
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control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
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of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
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to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
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designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
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copyright license to reproduce, prepare Derivative Works of,
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worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
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where such license applies only to those patent claims licensable
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Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
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meet the following conditions:
(a) You must give any other recipients of the Work or
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You may add Your own copyright statement to Your modifications and
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for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
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5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
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of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
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risks associated with Your exercise of permissions under this License.
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whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following
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Licensed under the Apache License, Version 2.0 (the "License");
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=====================================================================
- javax.ws.rs-api (http://jax-rs-spec.java.net)
javax.ws.rs:javax.ws.rs-api:jar:2.0-m10
License: CDDL 1.1 (https://glassfish.java.net/public/CDDL+GPL_1_1.html)
=====================================================================
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)Version 1.1
1. Definitions.
1.1. “Contributor” means each individual or entity that creates
or contributes to the creation of Modifications.
1.2. “Contributor Version” means the combination of the Original
Software, prior Modifications used by a Contributor (if any), and
the Modifications made by that particular Contributor.
1.3. “Covered Software” means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing
Original Software with files containing Modifications, in each
case including portions thereof.
1.4. “Executable” means the Covered Software in any form other
than Source Code.
1.5. “Initial Developer” means the individual or entity that
first makes Original Software available under this License.
1.6. “Larger Work” means a work which combines Covered Software
or portions thereof with code not governed by the terms of this
License.
1.7. “License” means this document.
1.8. “Licensable” means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. “Modifications” means the Source Code and Executable form of
any of the following:
A. Any file that results from an addition to, deletion from or
modification of the contents of a file containing Original
Software or previous Modifications;
B. Any new file that contains any part of the Original Software
or previous Modification; or
C. Any new file that is contributed or otherwise made available
under the terms of this License.
1.10. “Original Software” means the Source Code and Executable
form of computer software code that is originally released under
this License.
1.11. “Patent Claims” means any patent claim(s), now owned or
hereafter acquired, including without limitation, method,
process, and apparatus claims, in any patent Licensable by
grantor.
1.12. “Source Code” means (a) the common form of computer
software code in which modifications are made and (b) associated
documentation included in or with such code.
1.13. “You” (or “Your”) means an individual or a legal entity
exercising rights under, and complying with all of the terms of,
this License. For legal entities, “You” includes any entity which
controls, is controlled by, or is under common control with You.
For purposes of this definition, “control” means (a) the power,
direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of
more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, the Initial
Developer hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer, to use, reproduce,
modify, display, perform, sublicense and distribute the Original
Software (or portions thereof), with or without Modifications,
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling
of Original Software, to make, have made, use, practice, sell,
and offer for sale, and/or otherwise dispose of the Original
Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective
on the date Initial Developer first distributes or otherwise
makes the Original Software available to a third party under the
terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: (1) for code that You delete from the Original Software,
or (2) for infringements caused by: (i) the modification of the
Original Software, or (ii) the combination of the Original
Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof), either on an
unmodified basis, with other Modifications, as Covered Software
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either alone
and/or in combination with its Contributor Version (or portions
of such combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of: (1) Modifications made by that
Contributor (or portions thereof); and (2) the combination of
Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first distributes or otherwise
makes the Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: (1) for any code that Contributor has deleted from the
Contributor Version; (2) for infringements caused by: (i) third
party modifications of Contributor Version, or (ii) the
combination of Modifications made by that Contributor with other
software (except as part of the Contributor Version) or other
devices; or (3) under Patent Claims infringed by Covered Software
in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in
Source Code form and that Source Code form must be distributed
only under the terms of this License. You must include a copy of
this License with every copy of the Source Code form of the
Covered Software You distribute or otherwise make available. You
must inform recipients of any such Covered Software in Executable
form as to how they can obtain such Covered Software in Source
Code form in a reasonable manner on or through a medium
customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are
governed by the terms of this License. You represent that You
believe Your Modifications are Your original creation(s) and/or
You have sufficient rights to grant the rights conveyed by this
License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that
identifies You as the Contributor of the Modification. You may
not remove or alter any copyright, patent or trademark notices
contained within the Covered Software, or any notices of
licensing or any descriptive text giving attribution to any
Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in
Source Code form that alters or restricts the applicable version
of this License or the recipients' rights hereunder. You may
choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of
Covered Software. However, you may do so only on Your own behalf,
and not on behalf of the Initial Developer or any Contributor.
You must make it absolutely clear that any such warranty,
support, indemnity or liability obligation is offered by You
alone, and You hereby agree to indemnify the Initial Developer
and every Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software
under the terms of this License or under the terms of a license
of Your choice, which may contain terms different from this
License, provided that You are in compliance with the terms of
this License and that the license for the Executable form does
not attempt to limit or alter the recipient's rights in the
Source Code form from the rights set forth in this License. If
You distribute the Covered Software in Executable form under a
different license, You must make it absolutely clear that any
terms which differ from this License are offered by You alone,
not by the Initial Developer or Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor
as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with
other code not governed by the terms of this License and
distribute the Larger Work as a single product. In such a case,
You must make sure the requirements of this License are fulfilled
for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Oracle is the initial license steward and may publish revised
and/or new versions of this License from time to time. Each
version will be given a distinguishing version number. Except as
provided in Section 4.3, no one other than the license steward
has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the
Covered Software available under the terms of the version of the
License under which You originally received the Covered Software.
If the Initial Developer includes a notice in the Original
Software prohibiting it from being distributed or otherwise made
available under any subsequent version of the License, You must
distribute and make the Covered Software available under the
terms of the version of the License under which You originally
received the Covered Software. Otherwise, You may also choose to
use, distribute or otherwise make the Covered Software available
under the terms of any subsequent version of the License
published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new
license for Your Original Software, You may create and use a
modified version of this License if You: (a) rename the license
and remove any references to the name of the license steward
(except to note that the license differs from this License); and
(b) otherwise make it clear that the license contains terms which
differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS”
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach.
Provisions which, by their nature, must remain in effect beyond
the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom
You assert such claim is referred to as “Participant”) alleging
that the Participant Software (meaning the Contributor Version
where the Participant is a Contributor or the Original Software
where the Participant is the Initial Developer) directly or
indirectly infringes any patent, then any and all rights granted
directly or indirectly to You by such Participant, the Initial
Developer (if the Initial Developer is not the Participant) and
all Contributors under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate
prospectively and automatically at the expiration of such 60 day
notice period, unless if within such 60 day period You withdraw
Your claim with respect to the Participant Software against such
Participant either unilaterally or pursuant to a written
agreement with Participant.
6.3. If You assert a patent infringement claim against
Participant alleging that the Participant Software directly or
indirectly infringes any patent where such claim is resolved
(such as by license or settlement) prior to the initiation of
patent infringement litigation, then the reasonable value of the
licenses granted by such Participant under Sections 2.1 or 2.2
shall be taken into account in determining the amount or value of
any payment or license.
6.4. In the event of termination under Sections 6.1 or 6.2 above,
all end user licenses that have been validly granted by You or
any distributor hereunder prior to termination (excluding
licenses granted to You by any distributor) shall survive
termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES
OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a “commercial item,” as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial
computer software” (as that term is defined at 48 C.F.R. §
252.227-7014(a)(1)) and “commercial computer software
documentation” as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users
acquire Covered Software with only those rights set forth herein.
This U.S. Government Rights clause is in lieu of, and supersedes,
any other FAR, DFAR, or other clause or provision that addresses
Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This License shall be
governed by the law of the jurisdiction specified in a notice
contained within the Original Software (except to the extent
applicable law, if any, provides otherwise), excluding such
jurisdiction's conflict-of-law provisions. Any litigation
relating to this License shall be subject to the jurisdiction of
the courts located in the jurisdiction and venue specified in a
notice contained within the Original Software, with the losing
party responsible for costs, including, without limitation, court
costs and reasonable attorneys' fees and expenses. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall
be construed against the drafter shall not apply to this License.
You agree that You alone are responsible for compliance with the
United States export administration regulations (and the export
control laws and regulation of any other countries) when You use,
distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License
and You agree to work with Initial Developer and Contributors to
distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission
of liability.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
DISTRIBUTION LICENSE (CDDL)
The code released under the CDDL shall be governed by the laws of
the State of California (excluding conflict-of-law provisions).
Any litigation relating to this License shall be subject to the
jurisdiction of the Federal Courts of the Northern District of
California and the state courts of the State of California, with
venue lying in Santa Clara County, California.
=====================================================================
- Javax Persistence (http://www.eclipse.org/eclipselink)
org.eclipse.persistence:javax.persistence:jar:2.0.5
License: Eclipse Public License v1.0 (http://www.eclipse.org/legal/epl-v10.html)
License: Eclipse Distribution License v. 1.0
(http://www.eclipse.org/org/documents/edl-v10.php)
=====================================================================
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.