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authorAndy Clement <aclement@pivotal.io>2021-05-23 17:36:18 -0700
committerAndy Clement <aclement@pivotal.io>2021-05-23 17:36:18 -0700
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tree8e1ed021a4e9552e0f115607db7c51a8612cd236 /LICENSE
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+Per: https://www.eclipse.org/legal/epl-v10.html
+
+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.