| ## |
| ## Licensed to the Apache Software Foundation (ASF) under one |
| ## or more contributor license agreements. See the NOTICE file |
| ## distributed with this work for additional information |
| ## regarding copyright ownership. The ASF licenses this file |
| ## to you under the Apache License, Version 2.0 (the |
| ## "License"); you may not use this file except in compliance |
| ## with the License. You may obtain a copy of the License at |
| ## |
| ## http://www.apache.org/licenses/LICENSE-2.0 |
| ## |
| ## Unless required by applicable law or agreed to in writing, |
| ## software distributed under the License is distributed on an |
| ## "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY |
| ## KIND, either express or implied. See the License for the |
| ## specific language governing permissions and limitations |
| ## under the License. |
| ## |
| ## $Rev$ $Date$ |
| ## |
| |
| ========================================================================= |
| == Eclipse Public License == |
| ========================================================================= |
| |
| 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. |