| |
| |
| Apache License |
| Version 2.0, January 2004 |
| http://www.apache.org/licenses/ |
| |
| TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION |
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| 1. Definitions. |
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| "License" shall mean the terms and conditions for use, reproduction, |
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| "You" (or "Your") shall mean an individual or Legal Entity |
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| or as an addendum to the NOTICE text from the Work, provided |
| that such additional attribution notices cannot be construed |
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| for use, reproduction, or distribution of Your modifications, or |
| for any such Derivative Works as a whole, provided Your use, |
| reproduction, and distribution of the Work otherwise complies with |
| the conditions stated in this License. |
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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. |
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| 6. Trademarks. This License does not grant permission to use the trade |
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| whether in tort (including negligence), contract, or otherwise, |
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| Work (including but not limited to damages for loss of goodwill, |
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| 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 |
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| on Your own behalf and on Your sole responsibility, not on behalf |
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| 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 |
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| APPENDIX: How to apply the Apache License to your work. |
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| To apply the Apache License to your work, attach the following |
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| Copyright [yyyy] [name of copyright owner] |
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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. |
| |