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 -- cgit v1.2.3