releng.wtpbuilder/rootfiles/epl-v10.html - webtools/webtools.releng - Gitiles

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 	<h2>Eclipse Public License - v 1.0</h2>

 	<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS
 		ECLIPSE PUBLIC LICENSE (&quot;AGREEMENT&quot;). ANY USE, REPRODUCTION
 		OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF
 		THIS AGREEMENT.</p>

 	<p>
 		<b>1. DEFINITIONS</b>
 	</p>

 	<p>&quot;Contribution&quot; means:</p>

 	<p class="list">a) in the case of the initial Contributor, the
 		initial code and documentation distributed under this Agreement, and</p>
 	<p class="list">b) in the case of each subsequent Contributor:</p>
 	<p class="list">i) changes to the Program, and</p>
 	<p class="list">ii) additions to the Program;</p>
 	<p class="list">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.</p>

 	<p>&quot;Contributor&quot; means any person or entity that
 		distributes the Program.</p>

 	<p>&quot;Licensed Patents&quot; 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.</p>

 	<p>&quot;Program&quot; means the Contributions distributed in
 		accordance with this Agreement.</p>

 	<p>&quot;Recipient&quot; means anyone who receives the Program
 		under this Agreement, including all Contributors.</p>

 	<p>
 		<b>2. GRANT OF RIGHTS</b>
 	</p>

 	<p class="list">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.</p>

 	<p class="list">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.</p>

 	<p class="list">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.</p>

 	<p class="list">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.</p>

 	<p>
 		<b>3. REQUIREMENTS</b>
 	</p>

 	<p>A Contributor may choose to distribute the Program in object
 		code form under its own license agreement, provided that:</p>

 	<p class="list">a) it complies with the terms and conditions of
 		this Agreement; and</p>

 	<p class="list">b) its license agreement:</p>

 	<p class="list">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;</p>

 	<p class="list">ii) effectively excludes on behalf of all
 		Contributors all liability for damages, including direct, indirect,
 		special, incidental and consequential damages, such as lost profits;</p>

 	<p class="list">iii) states that any provisions which differ from
 		this Agreement are offered by that Contributor alone and not by any
 		other party; and</p>

 	<p class="list">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.</p>

 	<p>When the Program is made available in source code form:</p>

 	<p class="list">a) it must be made available under this Agreement;
 		and</p>

 	<p class="list">b) a copy of this Agreement must be included with
 		each copy of the Program.</p>

 	<p>Contributors may not remove or alter any copyright notices
 		contained within the Program.</p>

 	<p>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.</p>

 	<p>
 		<b>4. COMMERCIAL DISTRIBUTION</b>
 	</p>

 	<p>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 (&quot;Commercial Contributor&quot;) hereby agrees to
 		defend and indemnify every other Contributor (&quot;Indemnified
 		Contributor&quot;) against any losses, damages and costs (collectively
 		&quot;Losses&quot;) 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.</p>

 	<p>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.</p>

 	<p>
 		<b>5. NO WARRANTY</b>
 	</p>

 	<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
 		PROVIDED ON AN &quot;AS IS&quot; 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.</p>

 	<p>
 		<b>6. DISCLAIMER OF LIABILITY</b>
 	</p>

 	<p>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.</p>

 	<p>
 		<b>7. GENERAL</b>
 	</p>

 	<p>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.</p>

 	<p>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.</p>

 	<p>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.</p>

 	<p>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.</p>

 	<p>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.</p>

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	<head>
	<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1" />
	<title>Eclipse Public License - Version 1.0</title>
	<style type="text/css">
	body {
	size: 8.5in 11.0in;
	margin: 0.25in 0.5in 0.25in 0.5in;
	tab-interval: 0.5in;
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	<body lang="EN-US">

	<h2>Eclipse Public License - v 1.0</h2>

	<p>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.</p>

	<p>
	<b>1. DEFINITIONS</b>
	</p>

	<p>"Contribution" means:</p>

	<p class="list">a) in the case of the initial Contributor, the
	initial code and documentation distributed under this Agreement, and</p>
	<p class="list">b) in the case of each subsequent Contributor:</p>
	<p class="list">i) changes to the Program, and</p>
	<p class="list">ii) additions to the Program;</p>
	<p class="list">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.</p>

	<p>"Contributor" means any person or entity that
	distributes the Program.</p>

	<p>"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.</p>

	<p>"Program" means the Contributions distributed in
	accordance with this Agreement.</p>

	<p>"Recipient" means anyone who receives the Program
	under this Agreement, including all Contributors.</p>

	<p>
	<b>2. GRANT OF RIGHTS</b>
	</p>

	<p class="list">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.</p>

	<p class="list">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.</p>

	<p class="list">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.</p>

	<p class="list">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.</p>

	<p>
	<b>3. REQUIREMENTS</b>
	</p>

	<p>A Contributor may choose to distribute the Program in object
	code form under its own license agreement, provided that:</p>

	<p class="list">a) it complies with the terms and conditions of
	this Agreement; and</p>

	<p class="list">b) its license agreement:</p>

	<p class="list">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;</p>

	<p class="list">ii) effectively excludes on behalf of all
	Contributors all liability for damages, including direct, indirect,
	special, incidental and consequential damages, such as lost profits;</p>

	<p class="list">iii) states that any provisions which differ from
	this Agreement are offered by that Contributor alone and not by any
	other party; and</p>

	<p class="list">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.</p>

	<p>When the Program is made available in source code form:</p>

	<p class="list">a) it must be made available under this Agreement;
	and</p>

	<p class="list">b) a copy of this Agreement must be included with
	each copy of the Program.</p>

	<p>Contributors may not remove or alter any copyright notices
	contained within the Program.</p>

	<p>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.</p>

	<p>
	<b>4. COMMERCIAL DISTRIBUTION</b>
	</p>

	<p>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.</p>

	<p>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.</p>

	<p>
	<b>5. NO WARRANTY</b>
	</p>

	<p>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.</p>

	<p>
	<b>6. DISCLAIMER OF LIABILITY</b>
	</p>

	<p>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.</p>

	<p>
	<b>7. GENERAL</b>
	</p>

	<p>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.</p>

	<p>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.</p>

	<p>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.</p>

	<p>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.</p>

	<p>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.</p>

	</body>

	</html>