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Diffstat (limited to 'conf/license/Eclipse Public License v1.0')
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diff --git a/conf/license/Eclipse Public License v1.0 b/conf/license/Eclipse Public License v1.0 deleted file mode 100644 index 5032843775..0000000000 --- a/conf/license/Eclipse Public License v1.0 +++ /dev/null @@ -1,203 +0,0 @@ -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.
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