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LICENSE 11KB

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  1. Per: https://www.eclipse.org/legal/epl-v10.html
  2. Eclipse Public License - v 1.0
  3. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
  4. LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
  5. CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
  6. 1. DEFINITIONS
  7. "Contribution" means:
  8. a) in the case of the initial Contributor, the initial code and documentation
  9. distributed under this Agreement, and
  10. b) in the case of each subsequent Contributor:
  11. i) changes to the Program, and
  12. ii) additions to the Program;
  13. where such changes and/or additions to the Program originate from and are
  14. distributed by that particular Contributor. A Contribution 'originates' from a
  15. Contributor if it was added to the Program by such Contributor itself or
  16. anyone acting on such Contributor's behalf. Contributions do not include
  17. additions to the Program which: (i) are separate modules of software
  18. distributed in conjunction with the Program under their own license agreement,
  19. and (ii) are not derivative works of the Program.
  20. "Contributor" means any person or entity that distributes the Program.
  21. "Licensed Patents" mean patent claims licensable by a Contributor which are
  22. necessarily infringed by the use or sale of its Contribution alone or when
  23. combined with the Program.
  24. "Program" means the Contributions distributed in accordance with this Agreement.
  25. "Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
  26. 2. GRANT OF RIGHTS
  27. a) Subject to the terms of this Agreement, each Contributor hereby grants
  28. Recipient a non-exclusive, worldwide, royalty-free copyright license to
  29. reproduce, prepare derivative works of, publicly display, publicly perform,
  30. distribute and sublicense the Contribution of such Contributor, if any,
  31. and such derivative works, in source code and object code form.
  32. b) Subject to the terms of this Agreement, each Contributor hereby grants
  33. Recipient a non-exclusive, worldwide, royalty-free patent license under
  34. Licensed Patents to make, use, sell, offer to sell, import and otherwise
  35. transfer the Contribution of such Contributor, if any, in source code and
  36. object code form. This patent license shall apply to the combination of
  37. the Contribution and the Program if, at the time the Contribution is added
  38. by the Contributor, such addition of the Contribution causes such combination
  39. to be covered by the Licensed Patents. The patent license shall not apply to
  40. any other combinations which include the Contribution. No hardware per se
  41. is licensed hereunder.
  42. c) Recipient understands that although each Contributor grants the licenses to
  43. its Contributions set forth herein, no assurances are provided by any
  44. Contributor that the Program does not infringe the patent or other
  45. intellectual property rights of any other entity. Each Contributor disclaims
  46. any liability to Recipient for claims brought by any other entity based on
  47. infringement of intellectual property rights or otherwise. As a condition to
  48. exercising the rights and licenses granted hereunder, each Recipient hereby
  49. assumes sole responsibility to secure any other intellectual property rights
  50. needed, if any. For example, if a third party patent license is required to
  51. allow Recipient to distribute the Program, it is Recipient's responsibility
  52. to acquire that license before distributing the Program.
  53. d) Each Contributor represents that to its knowledge it has sufficient
  54. copyright rights in its Contribution, if any, to grant the copyright license
  55. set forth in this Agreement.
  56. 3. REQUIREMENTS
  57. A Contributor may choose to distribute the Program in object code form under
  58. its own license agreement, provided that:
  59. a) it complies with the terms and conditions of this Agreement; and
  60. b) its license agreement:
  61. i) effectively disclaims on behalf of all Contributors all warranties and
  62. conditions, express and implied, including warranties or conditions of title
  63. and non-infringement, and implied warranties or conditions of
  64. merchantability and fitness for a particular purpose;
  65. ii) effectively excludes on behalf of all Contributors all liability for
  66. damages, including direct, indirect, special, incidental and consequential
  67. damages, such as lost profits;
  68. iii) states that any provisions which differ from this Agreement are offered by
  69. that Contributor alone and not by any other party; and
  70. iv) states that source code for the Program is available from such Contributor,
  71. and informs licensees how to obtain it in a reasonable manner on or through
  72. a medium customarily used for software exchange.
  73. When the Program is made available in source code form:
  74. a) it must be made available under this Agreement; and
  75. b) a copy of this Agreement must be included with each copy of the Program.
  76. Contributors may not remove or alter any copyright notices contained within
  77. the Program.
  78. Each Contributor must identify itself as the originator of its Contribution,
  79. if any, in a manner that reasonably allows subsequent Recipients to identify
  80. the originator of the Contribution.
  81. 4. COMMERCIAL DISTRIBUTION
  82. Commercial distributors of software may accept certain responsibilities with
  83. respect to end users, business partners and the like. While this license is
  84. intended to facilitate the commercial use of the Program, the Contributor
  85. who includes the Program in a commercial product offering should do so in
  86. a manner which does not create potential liability for other Contributors.
  87. Therefore, if a Contributor includes the Program in a commercial product
  88. offering, such Contributor ("Commercial Contributor") hereby agrees to
  89. defend and indemnify every other Contributor ("Indemnified Contributor")
  90. against any losses, damages and costs (collectively "Losses") arising from
  91. claims, lawsuits and other legal actions brought by a third party against
  92. the Indemnified Contributor to the extent caused by the acts or omissions
  93. of such Commercial Contributor in connection with its distribution of the
  94. Program in a commercial product offering. The obligations in this section
  95. do not apply to any claims or Losses relating to any actual or alleged
  96. intellectual property infringement. In order to qualify, an Indemnified
  97. Contributor must: a) promptly notify the Commercial Contributor in writing
  98. of such claim, and b) allow the Commercial Contributor to control, and
  99. cooperate with the Commercial Contributor in, the defense and any
  100. related settlement negotiations. The Indemnified Contributor may
  101. participate in any such claim at its own expense.
  102. For example, a Contributor might include the Program in a commercial product
  103. offering, Product X. That Contributor is then a Commercial Contributor. If
  104. that Commercial Contributor then makes performance claims, or offers
  105. warranties related to Product X, those performance claims and warranties
  106. are such Commercial Contributor's responsibility alone. Under this section,
  107. the Commercial Contributor would have to defend claims against the other
  108. Contributors related to those performance claims and warranties, and if a
  109. court requires any other Contributor to pay any damages as a result, the
  110. Commercial Contributor must pay those damages.
  111. 5. NO WARRANTY
  112. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON
  113. AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
  114. EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
  115. CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
  116. PARTICULAR PURPOSE. Each Recipient is solely responsible for determining
  117. the appropriateness of using and distributing the Program and assumes all
  118. risks associated with its exercise of rights under this Agreement ,
  119. including but not limited to the risks and costs of program errors, compliance
  120. with applicable laws, damage to or loss of data, programs or equipment, and
  121. unavailability or interruption of operations.
  122. 6. DISCLAIMER OF LIABILITY
  123. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
  124. CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
  125. SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
  126. LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
  127. CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
  128. ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
  129. EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
  130. POSSIBILITY OF SUCH DAMAGES.
  131. 7. GENERAL
  132. If any provision of this Agreement is invalid or unenforceable under applicable
  133. law, it shall not affect the validity or enforceability of the remainder of
  134. the terms of this Agreement, and without further action by the parties hereto,
  135. such provision shall be reformed to the minimum extent necessary to make
  136. such provision valid and enforceable.
  137. If Recipient institutes patent litigation against any entity (including a
  138. cross-claim or counterclaim in a lawsuit) alleging that the Program itself
  139. (excluding combinations of the Program with other software or hardware)
  140. infringes such Recipient's patent(s), then such Recipient's rights granted
  141. under Section 2(b) shall terminate as of the date such litigation is filed.
  142. All Recipient's rights under this Agreement shall terminate if it fails to
  143. comply with any of the material terms or conditions of this Agreement and
  144. does not cure such failure in a reasonable period of time after becoming
  145. aware of such noncompliance. If all Recipient's rights under this Agreement
  146. terminate, Recipient agrees to cease use and distribution of the Program as
  147. soon as reasonably practicable. However, Recipient's obligations under this
  148. Agreement and any licenses granted by Recipient relating to the Program
  149. shall continue and survive.
  150. Everyone is permitted to copy and distribute copies of this Agreement, but
  151. in order to avoid inconsistency the Agreement is copyrighted and may only
  152. be modified in the following manner. The Agreement Steward reserves the
  153. right to publish new versions (including revisions) of this Agreement from
  154. time to time. No one other than the Agreement Steward has the right to
  155. modify this Agreement. The Eclipse Foundation is the initial Agreement
  156. Steward. The Eclipse Foundation may assign the responsibility to serve as
  157. the Agreement Steward to a suitable separate entity. Each new version of
  158. the Agreement will be given a distinguishing version number. The Program
  159. (including Contributions) may always be distributed subject to the
  160. version of the Agreement under which it was received. In addition, after
  161. a new version of the Agreement is published, Contributor may elect to
  162. distribute the Program (including its Contributions) under the new version.
  163. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
  164. receives no rights or licenses to the intellectual property of any
  165. Contributor under this Agreement, whether expressly, by implication,
  166. estoppel or otherwise. All rights in the Program not expressly granted
  167. under this Agreement are reserved.
  168. This Agreement is governed by the laws of the State of New York and the
  169. intellectual property laws of the United States of America. No party to this
  170. Agreement will bring a legal action under this Agreement more than one year
  171. after the cause of action arose. Each party waives its rights to a jury
  172. trial in any resulting litigation.