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diff --git a/bundles/org.eclipse.swt/Eclipse SWT PI/gtk/cpl-v05.html b/bundles/org.eclipse.swt/Eclipse SWT PI/gtk/cpl-v05.html new file mode 100644 index 0000000000..931c64d941 --- /dev/null +++ b/bundles/org.eclipse.swt/Eclipse SWT PI/gtk/cpl-v05.html @@ -0,0 +1,239 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> +<!-- saved from url=(0041)http://www.eclipse.org/legal/cpl-v05.html --> +<HTML><HEAD><TITLE>Common Public License Version 0.5</TITLE> +<META content="text/html; charset=windows-1252" http-equiv=Content-Type> +<META content="MSHTML 5.00.3315.2870" name=GENERATOR></HEAD> +<BODY bgColor=#ffffff> +<DIV align=center> +<P> +<TABLE border=0 cellPadding=10 cellSpacing=10 width="90%"> + <TBODY> + <TR> + <TD vAlign=top width="75%"><FONT face="Arial, Helvetica, sans serif" + size=3> + <H1>Common Public License Version 0.5</H1><TT> + <P><FONT face="Courier New, Courier, mono">THE ACCOMPANYING PROGRAM IS + PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY + USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S + ACCEPTANCE OF THIS AGREEMENT. </FONT></P> + <P><FONT face="Courier New, Courier, mono"><B>1. DEFINITIONS + </B></FONT></P> + <P><FONT face="Courier New, Courier, mono">"Contribution" +means:</FONT></P> + <BLOCKQUOTE> + <P><FONT face="Courier New, Courier, mono">a) in the case of the initial + Contributor, the initial code and documentation distributed under this + Agreement, and </FONT></P> + <P><FONT face="Courier New, Courier, mono">b) in the case of each + subsequent Contributor:</FONT></P> + <P><FONT face="Courier New, Courier, mono">i) changes to the Program, + and</FONT></P> + <P><FONT face="Courier New, Courier, mono">ii) additions to the + Program;</FONT></P> + <P><FONT face="Courier New, Courier, mono">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.</FONT></P></BLOCKQUOTE> + <P><FONT face="Courier New, Courier, mono">"Contributor" means any person + or entity that distributes the Program. </FONT></P> + <P><FONT face="Courier New, Courier, mono">"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.</FONT></P> + <P><FONT face="Courier New, Courier, mono">"Program" means the + Contributions distributed in accordance with this Agreement. </FONT></P> + <P><FONT face="Courier New, Courier, mono">"Recipient" means anyone who + receives the Program under this Agreement, including all Contributors. + </FONT></P> + <P><FONT face="Courier New, Courier, mono"><B>2. GRANT OF + RIGHTS</B></FONT></P> + <BLOCKQUOTE> + <P><FONT face="Courier New, Courier, mono">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.</FONT></P> + <P><FONT face="Courier New, Courier, mono">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.</FONT></P> + <P><FONT face="Courier New, Courier, mono">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.</FONT></P> + <P><FONT face="Courier New, Courier, mono">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.</FONT></P></BLOCKQUOTE> + <P><FONT face="Courier New, Courier, mono"><STRONG>3. + REQUIREMENTS</STRONG> </FONT></P> + <P><FONT face="Courier New, Courier, mono">A Contributor may choose to + distribute the Program in object code form under its own license + agreement, provided that: </FONT></P> + <BLOCKQUOTE> + <P><FONT face="Courier New, Courier, mono">a) it complies with the terms + and conditions of this Agreement; and</FONT></P> + <P><FONT face="Courier New, Courier, mono">b) its license + agreement:</FONT></P> + <P><FONT face="Courier New, Courier, mono">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; </FONT></P> + <P><FONT face="Courier New, Courier, mono">ii) effectively excludes on + behalf of all Contributors all liability for damages, including direct, + indirect, special, incidental and consequential damages, such as lost + profits; </FONT></P> + <P><FONT face="Courier New, Courier, mono">iii) states that any + provisions which differ from this Agreement are offered by that + Contributor alone and not by any other party; and </FONT></P> + <P><FONT face="Courier New, Courier, mono">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. </FONT></P></BLOCKQUOTE> + <P><FONT face="Courier New, Courier, mono">When the Program is made + available in source code form:</FONT></P> + <BLOCKQUOTE> + <P><FONT face="Courier New, Courier, mono">a) it must be made available + under this Agreement; and</FONT></P> + <P><FONT face="Courier New, Courier, mono">b) a copy of this Agreement + must be included with each copy of the Program. </FONT></P></BLOCKQUOTE> + <P><FONT face="Courier New, Courier, mono">Contributors may not remove or + alter any copyright notices contained within the Program.</FONT></P> + <P><FONT face="Courier New, Courier, mono">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. </FONT></P> + <P><FONT face="Courier New, Courier, mono"><STRONG>4. COMMERCIAL + DISTRIBUTION</STRONG> </FONT></P> + <P><FONT face="Courier New, Courier, mono">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. </FONT></P> + <P><FONT face="Courier New, Courier, mono">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. </FONT></P> + <P><FONT face="Courier New, Courier, mono"><STRONG>5. NO + WARRANTY</STRONG></FONT></P> + <P><FONT face="Courier New, Courier, mono">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. </FONT></P> + <P><FONT face="Courier New, Courier, mono"><STRONG>6. DISCLAIMER OF + LIABILITY </STRONG></FONT></P> + <P><FONT face="Courier New, Courier, mono">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. </FONT></P> + <P><FONT face="Courier New, Courier, mono"><STRONG>7. + GENERAL</STRONG></FONT></P> + <P><FONT face="Courier New, Courier, mono">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. </FONT></P> + <P><FONT face="Courier New, Courier, mono">If Recipient institutes patent + litigation against a Contributor with respect to a patent applicable to + software (including a cross-claim or counterclaim in a lawsuit), then any + patent licenses granted by that Contributor to such Recipient under this + Agreement shall terminate as of the date such litigation is filed. In + addition, 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.</FONT></P> + <P><FONT face="Courier New, Courier, mono">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. </FONT></P> + <P><FONT face="Courier New, Courier, mono">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. + IBM is the initial Agreement Steward. IBM 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. </FONT></P> + <P><FONT face="Courier New, Courier, mono">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.</FONT></P></TT></FONT></TD></TR></TBODY></TABLE> +<P></P></DIV></BODY></HTML> |