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, | |
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whether in tort (including negligence), contract, or otherwise, | |
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and charge a fee for, acceptance of support, warranty, indemnity, | |
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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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Licensed under the Apache License, Version 2.0 (the "License"); | |
you may not use this file except in compliance with the License. | |
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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 RECIPIENTS 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 | |
Contributors 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 Recipients | |
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 Contributors 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 Recipients patent(s), then such Recipients | |
rights granted under Section 2(b) shall terminate as of the date such | |
litigation is filed. | |
All Recipients 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 Recipients rights under this Agreement | |
terminate, Recipient agrees to cease use and distribution of the Program as | |
soon as reasonably practicable. However, Recipients 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. |