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[IPBug:1565] Update epl-v10.html to cleaned-up simplified version
This commit is contained in:
Martin Oberhuber
parent
9801edf8ca
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|
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|
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|
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<p align=center style='text-align:center'><b>Eclipse Public License - v 1.0</b>
|
||||
</p>
|
||||
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"><title>Eclipse Public License - Version 1.0</title>
|
||||
|
||||
<p><span style='font-size:10.0pt'>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER
|
||||
THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE,
|
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REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE
|
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OF THIS AGREEMENT.</span> </p>
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|
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|
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<p><b><span style='font-size:10.0pt'>1. DEFINITIONS</span></b> </p>
|
||||
<p align="center"><b>Eclipse Public License - v 1.0</b></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contribution" means:</span> </p>
|
||||
<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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
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in the case of the initial Contributor, the initial code and documentation
|
||||
distributed under this Agreement, and<br clear=left>
|
||||
b) in the case of each subsequent Contributor:</span></p>
|
||||
<p><b>1. DEFINITIONS</b></p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
|
||||
changes to the Program, and</span></p>
|
||||
<p>"Contribution" means:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
additions to the Program;</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p>"Contributor" means any person or entity that distributes
|
||||
the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contributor" means any person or
|
||||
entity that distributes the Program.</span> </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><span style='font-size:10.0pt'>"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. </span></p>
|
||||
<p>"Program" means the Contributions distributed in accordance
|
||||
with this Agreement.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Program" means the Contributions
|
||||
distributed in accordance with this Agreement.</span> </p>
|
||||
<p>"Recipient" means anyone who receives the Program under
|
||||
this Agreement, including all Contributors.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Recipient" means anyone who
|
||||
receives the Program under this Agreement, including all Contributors.</span> </p>
|
||||
<p><b>2. GRANT OF RIGHTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>2. GRANT OF RIGHTS</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants Recipient
|
||||
a non-exclusive, worldwide, royalty-free copyright license to<span
|
||||
style='color:red'> </span>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.</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants
|
||||
Recipient a non-exclusive, worldwide,<span style='color:green'> </span>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. </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>3. REQUIREMENTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>3. REQUIREMENTS</span></b> </p>
|
||||
<p>A Contributor may choose to distribute the Program in object code
|
||||
form under its own license agreement, provided that:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>A Contributor may choose to distribute the
|
||||
Program in object code form under its own license agreement, provided that:</span>
|
||||
</p>
|
||||
<p class="list">a) it complies with the terms and conditions of this
|
||||
Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it complies with the terms and conditions of this Agreement; and</span></p>
|
||||
<p class="list">b) its license agreement:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
its license agreement:</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
effectively excludes on behalf of all Contributors all liability for damages,
|
||||
including direct, indirect, special, incidental and consequential damages, such
|
||||
as lost profits; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iii)
|
||||
states that any provisions which differ from this Agreement are offered by that
|
||||
Contributor alone and not by any other party; and</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.<span style='color:blue'> </span></span></p>
|
||||
<p>When the Program is made available in source code form:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>When the Program is made available in source
|
||||
code form:</span> </p>
|
||||
<p class="list">a) it must be made available under this Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it must be made available under this Agreement; and </span></p>
|
||||
<p class="list">b) a copy of this Agreement must be included with each
|
||||
copy of the Program.</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b) a
|
||||
copy of this Agreement must be included with each copy of the Program. </span></p>
|
||||
<p>Contributors may not remove or alter any copyright notices contained
|
||||
within the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>Contributors may not remove or alter any
|
||||
copyright notices contained within the Program. </span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>4. COMMERCIAL DISTRIBUTION</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>5. NO WARRANTY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>5. NO WARRANTY</span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>6. DISCLAIMER OF LIABILITY</span></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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>7. GENERAL</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>7. GENERAL</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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. </span></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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
|
||||
<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. </span></p>
|
||||
Recipient relating to the Program shall continue and survive.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </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>
|
||||
|
||||
<p class=MsoNormal><![if !supportEmptyParas]> <![endif]><o:p></o:p></p>
|
||||
|
||||
</div>
|
||||
|
||||
</body>
|
||||
|
||||
</html>
|
||||
</body></html>
|
||||
|
|
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|
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|
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|
||||
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|
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|
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|
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|
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|
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|
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|
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|
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<div class=Section1>
|
||||
|
||||
<p align=center style='text-align:center'><b>Eclipse Public License - v 1.0</b>
|
||||
</p>
|
||||
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"><title>Eclipse Public License - Version 1.0</title>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </p>
|
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|
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|
||||
|
||||
<p><b><span style='font-size:10.0pt'>1. DEFINITIONS</span></b> </p>
|
||||
<p align="center"><b>Eclipse Public License - v 1.0</b></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contribution" means:</span> </p>
|
||||
<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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
in the case of the initial Contributor, the initial code and documentation
|
||||
distributed under this Agreement, and<br clear=left>
|
||||
b) in the case of each subsequent Contributor:</span></p>
|
||||
<p><b>1. DEFINITIONS</b></p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
|
||||
changes to the Program, and</span></p>
|
||||
<p>"Contribution" means:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
additions to the Program;</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p>"Contributor" means any person or entity that distributes
|
||||
the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contributor" means any person or
|
||||
entity that distributes the Program.</span> </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><span style='font-size:10.0pt'>"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. </span></p>
|
||||
<p>"Program" means the Contributions distributed in accordance
|
||||
with this Agreement.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Program" means the Contributions
|
||||
distributed in accordance with this Agreement.</span> </p>
|
||||
<p>"Recipient" means anyone who receives the Program under
|
||||
this Agreement, including all Contributors.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Recipient" means anyone who
|
||||
receives the Program under this Agreement, including all Contributors.</span> </p>
|
||||
<p><b>2. GRANT OF RIGHTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>2. GRANT OF RIGHTS</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants Recipient
|
||||
a non-exclusive, worldwide, royalty-free copyright license to<span
|
||||
style='color:red'> </span>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.</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants
|
||||
Recipient a non-exclusive, worldwide,<span style='color:green'> </span>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. </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>3. REQUIREMENTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>3. REQUIREMENTS</span></b> </p>
|
||||
<p>A Contributor may choose to distribute the Program in object code
|
||||
form under its own license agreement, provided that:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>A Contributor may choose to distribute the
|
||||
Program in object code form under its own license agreement, provided that:</span>
|
||||
</p>
|
||||
<p class="list">a) it complies with the terms and conditions of this
|
||||
Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it complies with the terms and conditions of this Agreement; and</span></p>
|
||||
<p class="list">b) its license agreement:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
its license agreement:</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
effectively excludes on behalf of all Contributors all liability for damages,
|
||||
including direct, indirect, special, incidental and consequential damages, such
|
||||
as lost profits; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iii)
|
||||
states that any provisions which differ from this Agreement are offered by that
|
||||
Contributor alone and not by any other party; and</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.<span style='color:blue'> </span></span></p>
|
||||
<p>When the Program is made available in source code form:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>When the Program is made available in source
|
||||
code form:</span> </p>
|
||||
<p class="list">a) it must be made available under this Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it must be made available under this Agreement; and </span></p>
|
||||
<p class="list">b) a copy of this Agreement must be included with each
|
||||
copy of the Program.</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b) a
|
||||
copy of this Agreement must be included with each copy of the Program. </span></p>
|
||||
<p>Contributors may not remove or alter any copyright notices contained
|
||||
within the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>Contributors may not remove or alter any
|
||||
copyright notices contained within the Program. </span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>4. COMMERCIAL DISTRIBUTION</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>5. NO WARRANTY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>5. NO WARRANTY</span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>6. DISCLAIMER OF LIABILITY</span></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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>7. GENERAL</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>7. GENERAL</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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. </span></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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
|
||||
<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. </span></p>
|
||||
Recipient relating to the Program shall continue and survive.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </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>
|
||||
|
||||
<p class=MsoNormal><![if !supportEmptyParas]> <![endif]><o:p></o:p></p>
|
||||
|
||||
</div>
|
||||
|
||||
</body>
|
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|
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|
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|
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<body lang=EN-US style='tab-interval:.5in'>
|
||||
|
||||
<div class=Section1>
|
||||
|
||||
<p align=center style='text-align:center'><b>Eclipse Public License - v 1.0</b>
|
||||
</p>
|
||||
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"><title>Eclipse Public License - Version 1.0</title>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<style type="text/css">
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|
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</style></head><body lang="EN-US">
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>1. DEFINITIONS</span></b> </p>
|
||||
<p align="center"><b>Eclipse Public License - v 1.0</b></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contribution" means:</span> </p>
|
||||
<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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
in the case of the initial Contributor, the initial code and documentation
|
||||
distributed under this Agreement, and<br clear=left>
|
||||
b) in the case of each subsequent Contributor:</span></p>
|
||||
<p><b>1. DEFINITIONS</b></p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
|
||||
changes to the Program, and</span></p>
|
||||
<p>"Contribution" means:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
additions to the Program;</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p>"Contributor" means any person or entity that distributes
|
||||
the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contributor" means any person or
|
||||
entity that distributes the Program.</span> </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><span style='font-size:10.0pt'>"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. </span></p>
|
||||
<p>"Program" means the Contributions distributed in accordance
|
||||
with this Agreement.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Program" means the Contributions
|
||||
distributed in accordance with this Agreement.</span> </p>
|
||||
<p>"Recipient" means anyone who receives the Program under
|
||||
this Agreement, including all Contributors.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Recipient" means anyone who
|
||||
receives the Program under this Agreement, including all Contributors.</span> </p>
|
||||
<p><b>2. GRANT OF RIGHTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>2. GRANT OF RIGHTS</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants Recipient
|
||||
a non-exclusive, worldwide, royalty-free copyright license to<span
|
||||
style='color:red'> </span>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.</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants
|
||||
Recipient a non-exclusive, worldwide,<span style='color:green'> </span>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. </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>3. REQUIREMENTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>3. REQUIREMENTS</span></b> </p>
|
||||
<p>A Contributor may choose to distribute the Program in object code
|
||||
form under its own license agreement, provided that:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>A Contributor may choose to distribute the
|
||||
Program in object code form under its own license agreement, provided that:</span>
|
||||
</p>
|
||||
<p class="list">a) it complies with the terms and conditions of this
|
||||
Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it complies with the terms and conditions of this Agreement; and</span></p>
|
||||
<p class="list">b) its license agreement:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
its license agreement:</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
effectively excludes on behalf of all Contributors all liability for damages,
|
||||
including direct, indirect, special, incidental and consequential damages, such
|
||||
as lost profits; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iii)
|
||||
states that any provisions which differ from this Agreement are offered by that
|
||||
Contributor alone and not by any other party; and</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.<span style='color:blue'> </span></span></p>
|
||||
<p>When the Program is made available in source code form:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>When the Program is made available in source
|
||||
code form:</span> </p>
|
||||
<p class="list">a) it must be made available under this Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it must be made available under this Agreement; and </span></p>
|
||||
<p class="list">b) a copy of this Agreement must be included with each
|
||||
copy of the Program.</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b) a
|
||||
copy of this Agreement must be included with each copy of the Program. </span></p>
|
||||
<p>Contributors may not remove or alter any copyright notices contained
|
||||
within the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>Contributors may not remove or alter any
|
||||
copyright notices contained within the Program. </span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>4. COMMERCIAL DISTRIBUTION</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>5. NO WARRANTY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>5. NO WARRANTY</span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>6. DISCLAIMER OF LIABILITY</span></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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>7. GENERAL</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>7. GENERAL</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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. </span></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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
|
||||
<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. </span></p>
|
||||
Recipient relating to the Program shall continue and survive.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </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>
|
||||
|
||||
<p class=MsoNormal><![if !supportEmptyParas]> <![endif]><o:p></o:p></p>
|
||||
|
||||
</div>
|
||||
|
||||
</body>
|
||||
|
||||
</html>
|
||||
</body></html>
|
||||
|
|
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|
|||
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|
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|
||||
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|
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|
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|
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mso-font-charset:0;
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|
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|
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|
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|
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|
||||
<div class=Section1>
|
||||
|
||||
<p align=center style='text-align:center'><b>Eclipse Public License - v 1.0</b>
|
||||
</p>
|
||||
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"><title>Eclipse Public License - Version 1.0</title>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </p>
|
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<style type="text/css">
|
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|
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|
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|
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|
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|
||||
<p><b><span style='font-size:10.0pt'>1. DEFINITIONS</span></b> </p>
|
||||
<p align="center"><b>Eclipse Public License - v 1.0</b></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contribution" means:</span> </p>
|
||||
<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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
in the case of the initial Contributor, the initial code and documentation
|
||||
distributed under this Agreement, and<br clear=left>
|
||||
b) in the case of each subsequent Contributor:</span></p>
|
||||
<p><b>1. DEFINITIONS</b></p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
|
||||
changes to the Program, and</span></p>
|
||||
<p>"Contribution" means:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
additions to the Program;</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p>"Contributor" means any person or entity that distributes
|
||||
the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contributor" means any person or
|
||||
entity that distributes the Program.</span> </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><span style='font-size:10.0pt'>"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. </span></p>
|
||||
<p>"Program" means the Contributions distributed in accordance
|
||||
with this Agreement.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Program" means the Contributions
|
||||
distributed in accordance with this Agreement.</span> </p>
|
||||
<p>"Recipient" means anyone who receives the Program under
|
||||
this Agreement, including all Contributors.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Recipient" means anyone who
|
||||
receives the Program under this Agreement, including all Contributors.</span> </p>
|
||||
<p><b>2. GRANT OF RIGHTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>2. GRANT OF RIGHTS</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants Recipient
|
||||
a non-exclusive, worldwide, royalty-free copyright license to<span
|
||||
style='color:red'> </span>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.</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants
|
||||
Recipient a non-exclusive, worldwide,<span style='color:green'> </span>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. </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>3. REQUIREMENTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>3. REQUIREMENTS</span></b> </p>
|
||||
<p>A Contributor may choose to distribute the Program in object code
|
||||
form under its own license agreement, provided that:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>A Contributor may choose to distribute the
|
||||
Program in object code form under its own license agreement, provided that:</span>
|
||||
</p>
|
||||
<p class="list">a) it complies with the terms and conditions of this
|
||||
Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it complies with the terms and conditions of this Agreement; and</span></p>
|
||||
<p class="list">b) its license agreement:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
its license agreement:</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
effectively excludes on behalf of all Contributors all liability for damages,
|
||||
including direct, indirect, special, incidental and consequential damages, such
|
||||
as lost profits; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iii)
|
||||
states that any provisions which differ from this Agreement are offered by that
|
||||
Contributor alone and not by any other party; and</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.<span style='color:blue'> </span></span></p>
|
||||
<p>When the Program is made available in source code form:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>When the Program is made available in source
|
||||
code form:</span> </p>
|
||||
<p class="list">a) it must be made available under this Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it must be made available under this Agreement; and </span></p>
|
||||
<p class="list">b) a copy of this Agreement must be included with each
|
||||
copy of the Program.</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b) a
|
||||
copy of this Agreement must be included with each copy of the Program. </span></p>
|
||||
<p>Contributors may not remove or alter any copyright notices contained
|
||||
within the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>Contributors may not remove or alter any
|
||||
copyright notices contained within the Program. </span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>4. COMMERCIAL DISTRIBUTION</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>5. NO WARRANTY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>5. NO WARRANTY</span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>6. DISCLAIMER OF LIABILITY</span></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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>7. GENERAL</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>7. GENERAL</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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. </span></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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
|
||||
<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. </span></p>
|
||||
Recipient relating to the Program shall continue and survive.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </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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|
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|
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|
||||
<p align=center style='text-align:center'><b>Eclipse Public License - v 1.0</b>
|
||||
</p>
|
||||
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"><title>Eclipse Public License - Version 1.0</title>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<style type="text/css">
|
||||
body {
|
||||
size: 8.5in 11.0in;
|
||||
margin: 0.25in 0.5in 0.25in 0.5in;
|
||||
tab-interval: 0.5in;
|
||||
}
|
||||
p {
|
||||
margin-left: auto;
|
||||
margin-top: 0.5em;
|
||||
margin-bottom: 0.5em;
|
||||
}
|
||||
p.list {
|
||||
margin-left: 0.5in;
|
||||
margin-top: 0.05em;
|
||||
margin-bottom: 0.05em;
|
||||
}
|
||||
</style></head><body lang="EN-US">
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>1. DEFINITIONS</span></b> </p>
|
||||
<p align="center"><b>Eclipse Public License - v 1.0</b></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contribution" means:</span> </p>
|
||||
<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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
in the case of the initial Contributor, the initial code and documentation
|
||||
distributed under this Agreement, and<br clear=left>
|
||||
b) in the case of each subsequent Contributor:</span></p>
|
||||
<p><b>1. DEFINITIONS</b></p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
|
||||
changes to the Program, and</span></p>
|
||||
<p>"Contribution" means:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
additions to the Program;</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p>"Contributor" means any person or entity that distributes
|
||||
the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contributor" means any person or
|
||||
entity that distributes the Program.</span> </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><span style='font-size:10.0pt'>"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. </span></p>
|
||||
<p>"Program" means the Contributions distributed in accordance
|
||||
with this Agreement.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Program" means the Contributions
|
||||
distributed in accordance with this Agreement.</span> </p>
|
||||
<p>"Recipient" means anyone who receives the Program under
|
||||
this Agreement, including all Contributors.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Recipient" means anyone who
|
||||
receives the Program under this Agreement, including all Contributors.</span> </p>
|
||||
<p><b>2. GRANT OF RIGHTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>2. GRANT OF RIGHTS</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants Recipient
|
||||
a non-exclusive, worldwide, royalty-free copyright license to<span
|
||||
style='color:red'> </span>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.</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants
|
||||
Recipient a non-exclusive, worldwide,<span style='color:green'> </span>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. </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>3. REQUIREMENTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>3. REQUIREMENTS</span></b> </p>
|
||||
<p>A Contributor may choose to distribute the Program in object code
|
||||
form under its own license agreement, provided that:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>A Contributor may choose to distribute the
|
||||
Program in object code form under its own license agreement, provided that:</span>
|
||||
</p>
|
||||
<p class="list">a) it complies with the terms and conditions of this
|
||||
Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it complies with the terms and conditions of this Agreement; and</span></p>
|
||||
<p class="list">b) its license agreement:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
its license agreement:</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
effectively excludes on behalf of all Contributors all liability for damages,
|
||||
including direct, indirect, special, incidental and consequential damages, such
|
||||
as lost profits; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iii)
|
||||
states that any provisions which differ from this Agreement are offered by that
|
||||
Contributor alone and not by any other party; and</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.<span style='color:blue'> </span></span></p>
|
||||
<p>When the Program is made available in source code form:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>When the Program is made available in source
|
||||
code form:</span> </p>
|
||||
<p class="list">a) it must be made available under this Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it must be made available under this Agreement; and </span></p>
|
||||
<p class="list">b) a copy of this Agreement must be included with each
|
||||
copy of the Program.</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b) a
|
||||
copy of this Agreement must be included with each copy of the Program. </span></p>
|
||||
<p>Contributors may not remove or alter any copyright notices contained
|
||||
within the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>Contributors may not remove or alter any
|
||||
copyright notices contained within the Program. </span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>4. COMMERCIAL DISTRIBUTION</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>5. NO WARRANTY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>5. NO WARRANTY</span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>6. DISCLAIMER OF LIABILITY</span></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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>7. GENERAL</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>7. GENERAL</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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. </span></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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
|
||||
<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. </span></p>
|
||||
Recipient relating to the Program shall continue and survive.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </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>
|
||||
|
||||
<p class=MsoNormal><![if !supportEmptyParas]> <![endif]><o:p></o:p></p>
|
||||
|
||||
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|
||||
|
||||
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|
||||
|
||||
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|
||||
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|
||||
|
|
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|
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|
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|
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|
||||
|
||||
<p align=center style='text-align:center'><b>Eclipse Public License - v 1.0</b>
|
||||
</p>
|
||||
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"><title>Eclipse Public License - Version 1.0</title>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </p>
|
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<style type="text/css">
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|
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|
||||
<p><b><span style='font-size:10.0pt'>1. DEFINITIONS</span></b> </p>
|
||||
<p align="center"><b>Eclipse Public License - v 1.0</b></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contribution" means:</span> </p>
|
||||
<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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
in the case of the initial Contributor, the initial code and documentation
|
||||
distributed under this Agreement, and<br clear=left>
|
||||
b) in the case of each subsequent Contributor:</span></p>
|
||||
<p><b>1. DEFINITIONS</b></p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
|
||||
changes to the Program, and</span></p>
|
||||
<p>"Contribution" means:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
additions to the Program;</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p>"Contributor" means any person or entity that distributes
|
||||
the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contributor" means any person or
|
||||
entity that distributes the Program.</span> </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><span style='font-size:10.0pt'>"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. </span></p>
|
||||
<p>"Program" means the Contributions distributed in accordance
|
||||
with this Agreement.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Program" means the Contributions
|
||||
distributed in accordance with this Agreement.</span> </p>
|
||||
<p>"Recipient" means anyone who receives the Program under
|
||||
this Agreement, including all Contributors.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Recipient" means anyone who
|
||||
receives the Program under this Agreement, including all Contributors.</span> </p>
|
||||
<p><b>2. GRANT OF RIGHTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>2. GRANT OF RIGHTS</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants Recipient
|
||||
a non-exclusive, worldwide, royalty-free copyright license to<span
|
||||
style='color:red'> </span>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.</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants
|
||||
Recipient a non-exclusive, worldwide,<span style='color:green'> </span>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. </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>3. REQUIREMENTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>3. REQUIREMENTS</span></b> </p>
|
||||
<p>A Contributor may choose to distribute the Program in object code
|
||||
form under its own license agreement, provided that:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>A Contributor may choose to distribute the
|
||||
Program in object code form under its own license agreement, provided that:</span>
|
||||
</p>
|
||||
<p class="list">a) it complies with the terms and conditions of this
|
||||
Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it complies with the terms and conditions of this Agreement; and</span></p>
|
||||
<p class="list">b) its license agreement:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
its license agreement:</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
effectively excludes on behalf of all Contributors all liability for damages,
|
||||
including direct, indirect, special, incidental and consequential damages, such
|
||||
as lost profits; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iii)
|
||||
states that any provisions which differ from this Agreement are offered by that
|
||||
Contributor alone and not by any other party; and</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.<span style='color:blue'> </span></span></p>
|
||||
<p>When the Program is made available in source code form:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>When the Program is made available in source
|
||||
code form:</span> </p>
|
||||
<p class="list">a) it must be made available under this Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it must be made available under this Agreement; and </span></p>
|
||||
<p class="list">b) a copy of this Agreement must be included with each
|
||||
copy of the Program.</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b) a
|
||||
copy of this Agreement must be included with each copy of the Program. </span></p>
|
||||
<p>Contributors may not remove or alter any copyright notices contained
|
||||
within the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>Contributors may not remove or alter any
|
||||
copyright notices contained within the Program. </span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>4. COMMERCIAL DISTRIBUTION</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>5. NO WARRANTY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>5. NO WARRANTY</span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>6. DISCLAIMER OF LIABILITY</span></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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>7. GENERAL</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>7. GENERAL</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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. </span></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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
|
||||
<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. </span></p>
|
||||
Recipient relating to the Program shall continue and survive.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </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>
|
||||
|
||||
<p class=MsoNormal><![if !supportEmptyParas]> <![endif]><o:p></o:p></p>
|
||||
|
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|
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|
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|
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|
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|
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|
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|
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|
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|
||||
|
||||
<p><span style='font-size:10.0pt'>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER
|
||||
THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE,
|
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REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE
|
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OF THIS AGREEMENT.</span> </p>
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<p><b><span style='font-size:10.0pt'>1. DEFINITIONS</span></b> </p>
|
||||
<p align="center"><b>Eclipse Public License - v 1.0</b></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contribution" means:</span> </p>
|
||||
<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
|
||||
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
|
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DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
|
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AGREEMENT.</p>
|
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|
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<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
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in the case of the initial Contributor, the initial code and documentation
|
||||
distributed under this Agreement, and<br clear=left>
|
||||
b) in the case of each subsequent Contributor:</span></p>
|
||||
<p><b>1. DEFINITIONS</b></p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
|
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changes to the Program, and</span></p>
|
||||
<p>"Contribution" means:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
additions to the Program;</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p>"Contributor" means any person or entity that distributes
|
||||
the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contributor" means any person or
|
||||
entity that distributes the Program.</span> </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><span style='font-size:10.0pt'>"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. </span></p>
|
||||
<p>"Program" means the Contributions distributed in accordance
|
||||
with this Agreement.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Program" means the Contributions
|
||||
distributed in accordance with this Agreement.</span> </p>
|
||||
<p>"Recipient" means anyone who receives the Program under
|
||||
this Agreement, including all Contributors.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Recipient" means anyone who
|
||||
receives the Program under this Agreement, including all Contributors.</span> </p>
|
||||
<p><b>2. GRANT OF RIGHTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>2. GRANT OF RIGHTS</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants Recipient
|
||||
a non-exclusive, worldwide, royalty-free copyright license to<span
|
||||
style='color:red'> </span>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.</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants
|
||||
Recipient a non-exclusive, worldwide,<span style='color:green'> </span>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. </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>3. REQUIREMENTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>3. REQUIREMENTS</span></b> </p>
|
||||
<p>A Contributor may choose to distribute the Program in object code
|
||||
form under its own license agreement, provided that:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>A Contributor may choose to distribute the
|
||||
Program in object code form under its own license agreement, provided that:</span>
|
||||
</p>
|
||||
<p class="list">a) it complies with the terms and conditions of this
|
||||
Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it complies with the terms and conditions of this Agreement; and</span></p>
|
||||
<p class="list">b) its license agreement:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
its license agreement:</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
effectively excludes on behalf of all Contributors all liability for damages,
|
||||
including direct, indirect, special, incidental and consequential damages, such
|
||||
as lost profits; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iii)
|
||||
states that any provisions which differ from this Agreement are offered by that
|
||||
Contributor alone and not by any other party; and</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.<span style='color:blue'> </span></span></p>
|
||||
<p>When the Program is made available in source code form:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>When the Program is made available in source
|
||||
code form:</span> </p>
|
||||
<p class="list">a) it must be made available under this Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it must be made available under this Agreement; and </span></p>
|
||||
<p class="list">b) a copy of this Agreement must be included with each
|
||||
copy of the Program.</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b) a
|
||||
copy of this Agreement must be included with each copy of the Program. </span></p>
|
||||
<p>Contributors may not remove or alter any copyright notices contained
|
||||
within the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>Contributors may not remove or alter any
|
||||
copyright notices contained within the Program. </span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>4. COMMERCIAL DISTRIBUTION</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>5. NO WARRANTY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>5. NO WARRANTY</span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>6. DISCLAIMER OF LIABILITY</span></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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>7. GENERAL</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>7. GENERAL</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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. </span></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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
|
||||
<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. </span></p>
|
||||
Recipient relating to the Program shall continue and survive.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </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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|
||||
|
||||
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|
||||
|
||||
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|
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|
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|
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|
||||
|
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<p align=center style='text-align:center'><b>Eclipse Public License - v 1.0</b>
|
||||
</p>
|
||||
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"><title>Eclipse Public License - Version 1.0</title>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </p>
|
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<style type="text/css">
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|
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|
||||
<p><b><span style='font-size:10.0pt'>1. DEFINITIONS</span></b> </p>
|
||||
<p align="center"><b>Eclipse Public License - v 1.0</b></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contribution" means:</span> </p>
|
||||
<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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
in the case of the initial Contributor, the initial code and documentation
|
||||
distributed under this Agreement, and<br clear=left>
|
||||
b) in the case of each subsequent Contributor:</span></p>
|
||||
<p><b>1. DEFINITIONS</b></p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
|
||||
changes to the Program, and</span></p>
|
||||
<p>"Contribution" means:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
additions to the Program;</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p>"Contributor" means any person or entity that distributes
|
||||
the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contributor" means any person or
|
||||
entity that distributes the Program.</span> </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><span style='font-size:10.0pt'>"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. </span></p>
|
||||
<p>"Program" means the Contributions distributed in accordance
|
||||
with this Agreement.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Program" means the Contributions
|
||||
distributed in accordance with this Agreement.</span> </p>
|
||||
<p>"Recipient" means anyone who receives the Program under
|
||||
this Agreement, including all Contributors.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Recipient" means anyone who
|
||||
receives the Program under this Agreement, including all Contributors.</span> </p>
|
||||
<p><b>2. GRANT OF RIGHTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>2. GRANT OF RIGHTS</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants Recipient
|
||||
a non-exclusive, worldwide, royalty-free copyright license to<span
|
||||
style='color:red'> </span>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.</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants
|
||||
Recipient a non-exclusive, worldwide,<span style='color:green'> </span>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. </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>3. REQUIREMENTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>3. REQUIREMENTS</span></b> </p>
|
||||
<p>A Contributor may choose to distribute the Program in object code
|
||||
form under its own license agreement, provided that:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>A Contributor may choose to distribute the
|
||||
Program in object code form under its own license agreement, provided that:</span>
|
||||
</p>
|
||||
<p class="list">a) it complies with the terms and conditions of this
|
||||
Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it complies with the terms and conditions of this Agreement; and</span></p>
|
||||
<p class="list">b) its license agreement:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
its license agreement:</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
effectively excludes on behalf of all Contributors all liability for damages,
|
||||
including direct, indirect, special, incidental and consequential damages, such
|
||||
as lost profits; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iii)
|
||||
states that any provisions which differ from this Agreement are offered by that
|
||||
Contributor alone and not by any other party; and</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.<span style='color:blue'> </span></span></p>
|
||||
<p>When the Program is made available in source code form:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>When the Program is made available in source
|
||||
code form:</span> </p>
|
||||
<p class="list">a) it must be made available under this Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it must be made available under this Agreement; and </span></p>
|
||||
<p class="list">b) a copy of this Agreement must be included with each
|
||||
copy of the Program.</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b) a
|
||||
copy of this Agreement must be included with each copy of the Program. </span></p>
|
||||
<p>Contributors may not remove or alter any copyright notices contained
|
||||
within the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>Contributors may not remove or alter any
|
||||
copyright notices contained within the Program. </span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>4. COMMERCIAL DISTRIBUTION</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>5. NO WARRANTY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>5. NO WARRANTY</span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>6. DISCLAIMER OF LIABILITY</span></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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>7. GENERAL</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>7. GENERAL</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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. </span></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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
|
||||
<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. </span></p>
|
||||
Recipient relating to the Program shall continue and survive.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </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>
|
||||
|
||||
<p class=MsoNormal><![if !supportEmptyParas]> <![endif]><o:p></o:p></p>
|
||||
|
||||
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|
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|
||||
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|
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|
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|
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|
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|
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|
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|
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|
||||
|
||||
<p align=center style='text-align:center'><b>Eclipse Public License - v 1.0</b>
|
||||
</p>
|
||||
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"><title>Eclipse Public License - Version 1.0</title>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </p>
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|
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|
||||
<p><b><span style='font-size:10.0pt'>1. DEFINITIONS</span></b> </p>
|
||||
<p align="center"><b>Eclipse Public License - v 1.0</b></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contribution" means:</span> </p>
|
||||
<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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
in the case of the initial Contributor, the initial code and documentation
|
||||
distributed under this Agreement, and<br clear=left>
|
||||
b) in the case of each subsequent Contributor:</span></p>
|
||||
<p><b>1. DEFINITIONS</b></p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
|
||||
changes to the Program, and</span></p>
|
||||
<p>"Contribution" means:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
additions to the Program;</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p>"Contributor" means any person or entity that distributes
|
||||
the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contributor" means any person or
|
||||
entity that distributes the Program.</span> </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><span style='font-size:10.0pt'>"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. </span></p>
|
||||
<p>"Program" means the Contributions distributed in accordance
|
||||
with this Agreement.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Program" means the Contributions
|
||||
distributed in accordance with this Agreement.</span> </p>
|
||||
<p>"Recipient" means anyone who receives the Program under
|
||||
this Agreement, including all Contributors.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Recipient" means anyone who
|
||||
receives the Program under this Agreement, including all Contributors.</span> </p>
|
||||
<p><b>2. GRANT OF RIGHTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>2. GRANT OF RIGHTS</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants Recipient
|
||||
a non-exclusive, worldwide, royalty-free copyright license to<span
|
||||
style='color:red'> </span>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.</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants
|
||||
Recipient a non-exclusive, worldwide,<span style='color:green'> </span>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. </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>3. REQUIREMENTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>3. REQUIREMENTS</span></b> </p>
|
||||
<p>A Contributor may choose to distribute the Program in object code
|
||||
form under its own license agreement, provided that:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>A Contributor may choose to distribute the
|
||||
Program in object code form under its own license agreement, provided that:</span>
|
||||
</p>
|
||||
<p class="list">a) it complies with the terms and conditions of this
|
||||
Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it complies with the terms and conditions of this Agreement; and</span></p>
|
||||
<p class="list">b) its license agreement:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
its license agreement:</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
effectively excludes on behalf of all Contributors all liability for damages,
|
||||
including direct, indirect, special, incidental and consequential damages, such
|
||||
as lost profits; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iii)
|
||||
states that any provisions which differ from this Agreement are offered by that
|
||||
Contributor alone and not by any other party; and</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.<span style='color:blue'> </span></span></p>
|
||||
<p>When the Program is made available in source code form:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>When the Program is made available in source
|
||||
code form:</span> </p>
|
||||
<p class="list">a) it must be made available under this Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it must be made available under this Agreement; and </span></p>
|
||||
<p class="list">b) a copy of this Agreement must be included with each
|
||||
copy of the Program.</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b) a
|
||||
copy of this Agreement must be included with each copy of the Program. </span></p>
|
||||
<p>Contributors may not remove or alter any copyright notices contained
|
||||
within the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>Contributors may not remove or alter any
|
||||
copyright notices contained within the Program. </span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>4. COMMERCIAL DISTRIBUTION</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>5. NO WARRANTY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>5. NO WARRANTY</span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>6. DISCLAIMER OF LIABILITY</span></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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>7. GENERAL</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>7. GENERAL</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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. </span></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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
|
||||
<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. </span></p>
|
||||
Recipient relating to the Program shall continue and survive.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </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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<p align=center style='text-align:center'><b>Eclipse Public License - v 1.0</b>
|
||||
</p>
|
||||
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"><title>Eclipse Public License - Version 1.0</title>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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
|
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OF THIS AGREEMENT.</span> </p>
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|
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|
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<p><b><span style='font-size:10.0pt'>1. DEFINITIONS</span></b> </p>
|
||||
<p align="center"><b>Eclipse Public License - v 1.0</b></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contribution" means:</span> </p>
|
||||
<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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
in the case of the initial Contributor, the initial code and documentation
|
||||
distributed under this Agreement, and<br clear=left>
|
||||
b) in the case of each subsequent Contributor:</span></p>
|
||||
<p><b>1. DEFINITIONS</b></p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
|
||||
changes to the Program, and</span></p>
|
||||
<p>"Contribution" means:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
additions to the Program;</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p>"Contributor" means any person or entity that distributes
|
||||
the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contributor" means any person or
|
||||
entity that distributes the Program.</span> </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><span style='font-size:10.0pt'>"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. </span></p>
|
||||
<p>"Program" means the Contributions distributed in accordance
|
||||
with this Agreement.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Program" means the Contributions
|
||||
distributed in accordance with this Agreement.</span> </p>
|
||||
<p>"Recipient" means anyone who receives the Program under
|
||||
this Agreement, including all Contributors.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Recipient" means anyone who
|
||||
receives the Program under this Agreement, including all Contributors.</span> </p>
|
||||
<p><b>2. GRANT OF RIGHTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>2. GRANT OF RIGHTS</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants Recipient
|
||||
a non-exclusive, worldwide, royalty-free copyright license to<span
|
||||
style='color:red'> </span>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.</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants
|
||||
Recipient a non-exclusive, worldwide,<span style='color:green'> </span>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. </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>3. REQUIREMENTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>3. REQUIREMENTS</span></b> </p>
|
||||
<p>A Contributor may choose to distribute the Program in object code
|
||||
form under its own license agreement, provided that:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>A Contributor may choose to distribute the
|
||||
Program in object code form under its own license agreement, provided that:</span>
|
||||
</p>
|
||||
<p class="list">a) it complies with the terms and conditions of this
|
||||
Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it complies with the terms and conditions of this Agreement; and</span></p>
|
||||
<p class="list">b) its license agreement:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
its license agreement:</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
effectively excludes on behalf of all Contributors all liability for damages,
|
||||
including direct, indirect, special, incidental and consequential damages, such
|
||||
as lost profits; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iii)
|
||||
states that any provisions which differ from this Agreement are offered by that
|
||||
Contributor alone and not by any other party; and</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.<span style='color:blue'> </span></span></p>
|
||||
<p>When the Program is made available in source code form:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>When the Program is made available in source
|
||||
code form:</span> </p>
|
||||
<p class="list">a) it must be made available under this Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it must be made available under this Agreement; and </span></p>
|
||||
<p class="list">b) a copy of this Agreement must be included with each
|
||||
copy of the Program.</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b) a
|
||||
copy of this Agreement must be included with each copy of the Program. </span></p>
|
||||
<p>Contributors may not remove or alter any copyright notices contained
|
||||
within the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>Contributors may not remove or alter any
|
||||
copyright notices contained within the Program. </span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>4. COMMERCIAL DISTRIBUTION</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>5. NO WARRANTY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>5. NO WARRANTY</span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>6. DISCLAIMER OF LIABILITY</span></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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>7. GENERAL</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>7. GENERAL</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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. </span></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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
|
||||
<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. </span></p>
|
||||
Recipient relating to the Program shall continue and survive.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </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>
|
||||
|
||||
<p class=MsoNormal><![if !supportEmptyParas]> <![endif]><o:p></o:p></p>
|
||||
|
||||
</div>
|
||||
|
||||
</body>
|
||||
|
||||
</html>
|
||||
</body></html>
|
||||
|
|
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|
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|
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|
||||
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|
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|
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|
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|
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|
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|
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|
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|
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<div class=Section1>
|
||||
|
||||
<p align=center style='text-align:center'><b>Eclipse Public License - v 1.0</b>
|
||||
</p>
|
||||
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"><title>Eclipse Public License - Version 1.0</title>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </p>
|
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|
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|
||||
|
||||
<p><b><span style='font-size:10.0pt'>1. DEFINITIONS</span></b> </p>
|
||||
<p align="center"><b>Eclipse Public License - v 1.0</b></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contribution" means:</span> </p>
|
||||
<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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
in the case of the initial Contributor, the initial code and documentation
|
||||
distributed under this Agreement, and<br clear=left>
|
||||
b) in the case of each subsequent Contributor:</span></p>
|
||||
<p><b>1. DEFINITIONS</b></p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
|
||||
changes to the Program, and</span></p>
|
||||
<p>"Contribution" means:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
additions to the Program;</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p>"Contributor" means any person or entity that distributes
|
||||
the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Contributor" means any person or
|
||||
entity that distributes the Program.</span> </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><span style='font-size:10.0pt'>"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. </span></p>
|
||||
<p>"Program" means the Contributions distributed in accordance
|
||||
with this Agreement.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Program" means the Contributions
|
||||
distributed in accordance with this Agreement.</span> </p>
|
||||
<p>"Recipient" means anyone who receives the Program under
|
||||
this Agreement, including all Contributors.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>"Recipient" means anyone who
|
||||
receives the Program under this Agreement, including all Contributors.</span> </p>
|
||||
<p><b>2. GRANT OF RIGHTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>2. GRANT OF RIGHTS</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants Recipient
|
||||
a non-exclusive, worldwide, royalty-free copyright license to<span
|
||||
style='color:red'> </span>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.</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
Subject to the terms of this Agreement, each Contributor hereby grants
|
||||
Recipient a non-exclusive, worldwide,<span style='color:green'> </span>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. </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>3. REQUIREMENTS</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>3. REQUIREMENTS</span></b> </p>
|
||||
<p>A Contributor may choose to distribute the Program in object code
|
||||
form under its own license agreement, provided that:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>A Contributor may choose to distribute the
|
||||
Program in object code form under its own license agreement, provided that:</span>
|
||||
</p>
|
||||
<p class="list">a) it complies with the terms and conditions of this
|
||||
Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it complies with the terms and conditions of this Agreement; and</span></p>
|
||||
<p class="list">b) its license agreement:</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
|
||||
its license agreement:</span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
|
||||
effectively excludes on behalf of all Contributors all liability for damages,
|
||||
including direct, indirect, special, incidental and consequential damages, such
|
||||
as lost profits; </span></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=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iii)
|
||||
states that any provisions which differ from this Agreement are offered by that
|
||||
Contributor alone and not by any other party; and</span></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 class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>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.<span style='color:blue'> </span></span></p>
|
||||
<p>When the Program is made available in source code form:</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>When the Program is made available in source
|
||||
code form:</span> </p>
|
||||
<p class="list">a) it must be made available under this Agreement; and</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
|
||||
it must be made available under this Agreement; and </span></p>
|
||||
<p class="list">b) a copy of this Agreement must be included with each
|
||||
copy of the Program.</p>
|
||||
|
||||
<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b) a
|
||||
copy of this Agreement must be included with each copy of the Program. </span></p>
|
||||
<p>Contributors may not remove or alter any copyright notices contained
|
||||
within the Program.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>Contributors may not remove or alter any
|
||||
copyright notices contained within the Program. </span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>4. COMMERCIAL DISTRIBUTION</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>5. NO WARRANTY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>5. NO WARRANTY</span></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><span style='font-size:10.0pt'>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. </span></p>
|
||||
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>6. DISCLAIMER OF LIABILITY</span></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><span style='font-size:10.0pt'>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.</span> </p>
|
||||
<p><b>7. GENERAL</b></p>
|
||||
|
||||
<p><b><span style='font-size:10.0pt'>7. GENERAL</span></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><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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. </span></p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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
|
||||
<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. </span></p>
|
||||
Recipient relating to the Program shall continue and survive.</p>
|
||||
|
||||
<p><span style='font-size:10.0pt'>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.</span> </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><span style='font-size:10.0pt'>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.</span> </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>
|
||||
|
||||
<p class=MsoNormal><![if !supportEmptyParas]> <![endif]><o:p></o:p></p>
|
||||
|
||||
</div>
|
||||
|
||||
</body>
|
||||
|
||||
</html>
|
||||
</body></html>
|
||||
Loading…
Add table
Reference in a new issue