forked from Shiloh/githaven
203 lines
11 KiB
Plaintext
203 lines
11 KiB
Plaintext
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. |