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authorEike Stepper2018-05-29 00:54:04 -0400
committerEike Stepper2018-05-29 00:54:04 -0400
commita3930ccd6c0761d2f2c8c7dfce6725ce8d531156 (patch)
tree150bf04e33f6db71d2c15ee9341a30f0ae172afd /LICENSE
parent96cda81b996f968bc6f584ae07f539d53dbc79e2 (diff)
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[Releng] Add legal docs
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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 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. \ No newline at end of file

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