Eclipse Public License - v 1.0 -
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER -THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, -REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE -OF THIS AGREEMENT.
+ -1. DEFINITIONS
+Eclipse Public License - v 1.0
-"Contribution" means:
+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.
-a)
-in the case of the initial Contributor, the initial code and documentation
-distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
1. DEFINITIONS
-i) -changes to the Program, and
+"Contribution" means:
-ii) -additions to the Program;
+a) in the case of the initial Contributor, the initial +code and documentation distributed under this Agreement, and
+b) in the case of each subsequent Contributor:
+i) changes to the Program, and
+ii) additions to the Program;
+where such changes and/or additions to the Program +originate from and are distributed by that particular Contributor. A +Contribution 'originates' from a Contributor if it was added to the +Program by such Contributor itself or anyone acting on such +Contributor's behalf. Contributions do not include additions to the +Program which: (i) are separate modules of software distributed in +conjunction with the Program under their own license agreement, and (ii) +are not derivative works of the Program.
-where -such changes and/or additions to the Program originate from and are distributed -by that particular Contributor. A Contribution 'originates' from a Contributor -if it was added to the Program by such Contributor itself or anyone acting on -such Contributor's behalf. Contributions do not include additions to the -Program which: (i) are separate modules of software distributed in conjunction -with the Program under their own license agreement, and (ii) are not derivative -works of the Program.
+"Contributor" means any person or entity that distributes +the Program.
-"Contributor" means any person or -entity that distributes the Program.
+"Licensed Patents" mean patent claims licensable by a +Contributor which are necessarily infringed by the use or sale of its +Contribution alone or when combined with the Program.
-"Licensed Patents " mean patent -claims licensable by a Contributor which are necessarily infringed by the use -or sale of its Contribution alone or when combined with the Program.
+"Program" means the Contributions distributed in accordance +with this Agreement.
-"Program" means the Contributions -distributed in accordance with this Agreement.
+"Recipient" means anyone who receives the Program under +this Agreement, including all Contributors.
-"Recipient" means anyone who -receives the Program under this Agreement, including all Contributors.
+2. GRANT OF RIGHTS
-2. GRANT OF RIGHTS
+a) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free copyright license to reproduce, prepare derivative works +of, publicly display, publicly perform, distribute and sublicense the +Contribution of such Contributor, if any, and such derivative works, in +source code and object code form.
-a) -Subject to the terms of this Agreement, each Contributor hereby grants Recipient -a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly -display, publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and object code -form.
+b) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free patent license under Licensed Patents to make, use, sell, +offer to sell, import and otherwise transfer the Contribution of such +Contributor, if any, in source code and object code form. This patent +license shall apply to the combination of the Contribution and the +Program if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to be covered +by the Licensed Patents. The patent license shall not apply to any other +combinations which include the Contribution. No hardware per se is +licensed hereunder.
-b) -Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free -patent license under Licensed Patents to make, use, sell, offer to sell, import -and otherwise transfer the Contribution of such Contributor, if any, in source -code and object code form. This patent license shall apply to the combination -of the Contribution and the Program if, at the time the Contribution is added -by the Contributor, such addition of the Contribution causes such combination -to be covered by the Licensed Patents. The patent license shall not apply to -any other combinations which include the Contribution. No hardware per se is -licensed hereunder.
+c) Recipient understands that although each Contributor +grants the licenses to its Contributions set forth herein, no assurances +are provided by any Contributor that the Program does not infringe the +patent or other intellectual property rights of any other entity. Each +Contributor disclaims any liability to Recipient for claims brought by +any other entity based on infringement of intellectual property rights +or otherwise. As a condition to exercising the rights and licenses +granted hereunder, each Recipient hereby assumes sole responsibility to +secure any other intellectual property rights needed, if any. For +example, if a third party patent license is required to allow Recipient +to distribute the Program, it is Recipient's responsibility to acquire +that license before distributing the Program.
-c) -Recipient understands that although each Contributor grants the licenses to its -Contributions set forth herein, no assurances are provided by any Contributor -that the Program does not infringe the patent or other intellectual property -rights of any other entity. Each Contributor disclaims any liability to Recipient -for claims brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the rights and -licenses granted hereunder, each Recipient hereby assumes sole responsibility -to secure any other intellectual property rights needed, if any. For example, -if a third party patent license is required to allow Recipient to distribute -the Program, it is Recipient's responsibility to acquire that license before -distributing the Program.
+d) Each Contributor represents that to its knowledge it +has sufficient copyright rights in its Contribution, if any, to grant +the copyright license set forth in this Agreement.
-d) -Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement.
+3. REQUIREMENTS
-3. REQUIREMENTS
+A Contributor may choose to distribute the Program in object code +form under its own license agreement, provided that:
-A Contributor may choose to distribute the -Program in object code form under its own license agreement, provided that: -
+a) it complies with the terms and conditions of this +Agreement; and
-a) -it complies with the terms and conditions of this Agreement; and
+b) its license agreement:
-b) -its license agreement:
+i) effectively disclaims on behalf of all Contributors +all warranties and conditions, express and implied, including warranties +or conditions of title and non-infringement, and implied warranties or +conditions of merchantability and fitness for a particular purpose;
-i) -effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose;
+ii) effectively excludes on behalf of all Contributors +all liability for damages, including direct, indirect, special, +incidental and consequential damages, such as lost profits;
-ii) -effectively excludes on behalf of all Contributors all liability for damages, -including direct, indirect, special, incidental and consequential damages, such -as lost profits;
+iii) states that any provisions which differ from this +Agreement are offered by that Contributor alone and not by any other +party; and
-iii) -states that any provisions which differ from this Agreement are offered by that -Contributor alone and not by any other party; and
+iv) states that source code for the Program is available +from such Contributor, and informs licensees how to obtain it in a +reasonable manner on or through a medium customarily used for software +exchange.
-iv) -states that source code for the Program is available from such Contributor, and -informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange.
+When the Program is made available in source code form:
-When the Program is made available in source -code form:
+a) it must be made available under this Agreement; and
-a) -it must be made available under this Agreement; and
+b) a copy of this Agreement must be included with each +copy of the Program.
-b) a -copy of this Agreement must be included with each copy of the Program.
+Contributors may not remove or alter any copyright notices contained +within the Program.
-Contributors may not remove or alter any -copyright notices contained within the Program.
+Each Contributor must identify itself as the originator of its +Contribution, if any, in a manner that reasonably allows subsequent +Recipients to identify the originator of the Contribution.
-Each Contributor must identify itself as the -originator of its Contribution, if any, in a manner that reasonably allows -subsequent Recipients to identify the originator of the Contribution.
+4. COMMERCIAL DISTRIBUTION
-4. COMMERCIAL DISTRIBUTION
+Commercial distributors of software may accept certain +responsibilities with respect to end users, business partners and the +like. While this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and +indemnify every other Contributor ("Indemnified Contributor") +against any losses, damages and costs (collectively "Losses") +arising from claims, lawsuits and other legal actions brought by a third +party against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection with its +distribution of the Program in a commercial product offering. The +obligations in this section do not apply to any claims or Losses +relating to any actual or alleged intellectual property infringement. In +order to qualify, an Indemnified Contributor must: a) promptly notify +the Commercial Contributor in writing of such claim, and b) allow the +Commercial Contributor to control, and cooperate with the Commercial +Contributor in, the defense and any related settlement negotiations. The +Indemnified Contributor may participate in any such claim at its own +expense.
-Commercial distributors of software may -accept certain responsibilities with respect to end users, business partners -and the like. While this license is intended to facilitate the commercial use -of the Program, the Contributor who includes the Program in a commercial -product offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes the -Program in a commercial product offering, such Contributor ("Commercial -Contributor") hereby agrees to defend and indemnify every other -Contributor ("Indemnified Contributor") against any losses, damages and -costs (collectively "Losses") arising from claims, lawsuits and other -legal actions brought by a third party against the Indemnified Contributor to -the extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may participate -in any such claim at its own expense.
+For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any other +Contributor to pay any damages as a result, the Commercial Contributor +must pay those damages.
-For example, a Contributor might include the -Program in a commercial product offering, Product X. That Contributor is then a -Commercial Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance claims and -warranties are such Commercial Contributor's responsibility alone. Under this -section, the Commercial Contributor would have to defend claims against the -other Contributors related to those performance claims and warranties, and if a -court requires any other Contributor to pay any damages as a result, the -Commercial Contributor must pay those damages.
+5. NO WARRANTY
-5. NO WARRANTY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, +ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely +responsible for determining the appropriateness of using and +distributing the Program and assumes all risks associated with its +exercise of rights under this Agreement , including but not limited to +the risks and costs of program errors, compliance with applicable laws, +damage to or loss of data, programs or equipment, and unavailability or +interruption of operations.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT -WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, -WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and distributing the -Program and assumes all risks associated with its exercise of rights under this -Agreement , including but not limited to the risks and costs of program errors, -compliance with applicable laws, damage to or loss of data, programs or -equipment, and unavailability or interruption of operations.
+6. DISCLAIMER OF LIABILITY
-6. DISCLAIMER OF LIABILITY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT +NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY -OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF -THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF -THE POSSIBILITY OF SUCH DAMAGES.
+7. GENERAL
-7. GENERAL
+If any provision of this Agreement is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this Agreement, and without further action +by the parties hereto, such provision shall be reformed to the minimum +extent necessary to make such provision valid and enforceable.
-If any provision of this Agreement is invalid -or unenforceable under applicable law, it shall not affect the validity or -enforceability of the remainder of the terms of this Agreement, and without -further action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable.
+If Recipient institutes patent litigation against any entity +(including a cross-claim or counterclaim in a lawsuit) alleging that the +Program itself (excluding combinations of the Program with other +software or hardware) infringes such Recipient's patent(s), then such +Recipient's rights granted under Section 2(b) shall terminate as of the +date such litigation is filed.
-If Recipient institutes patent litigation -against any entity (including a cross-claim or counterclaim in a lawsuit) -alleging that the Program itself (excluding combinations of the Program with -other software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of the date -such litigation is filed.
- -All Recipient's rights under this Agreement
-shall terminate if it fails to comply with any of the material terms or
-conditions of this Agreement and does not cure such failure in a reasonable
-period of time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use and
+ All Recipient's rights under this Agreement shall terminate if it
+fails to comply with any of the material terms or conditions of this
+Agreement and does not cure such failure in a reasonable period of time
+after becoming aware of such noncompliance. If all Recipient's rights
+under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
-Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute -copies of this Agreement, but in order to avoid inconsistency the Agreement is -copyrighted and may only be modified in the following manner. The Agreement -Steward reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement Steward has -the right to modify this Agreement. The Eclipse Foundation is the initial -Agreement Steward. The Eclipse Foundation may assign the responsibility to -serve as the Agreement Steward to a suitable separate entity. Each new version -of the Agreement will be given a distinguishing version number. The Program -(including Contributions) may always be distributed subject to the version of -the Agreement under which it was received. In addition, after a new version of -the Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as expressly stated -in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to -the intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved.
+Everyone is permitted to copy and distribute copies of this +Agreement, but in order to avoid inconsistency the Agreement is +copyrighted and may only be modified in the following manner. The +Agreement Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other than the +Agreement Steward has the right to modify this Agreement. The Eclipse +Foundation is the initial Agreement Steward. The Eclipse Foundation may +assign the responsibility to serve as the Agreement Steward to a +suitable separate entity. Each new version of the Agreement will be +given a distinguishing version number. The Program (including +Contributions) may always be distributed subject to the version of the +Agreement under which it was received. In addition, after a new version +of the Agreement is published, Contributor may elect to distribute the +Program (including its Contributions) under the new version. Except as +expressly stated in Sections 2(a) and 2(b) above, Recipient receives no +rights or licenses to the intellectual property of any Contributor under +this Agreement, whether expressly, by implication, estoppel or +otherwise. All rights in the Program not expressly granted under this +Agreement are reserved.
-This Agreement is governed by the laws of the -State of New York and the intellectual property laws of the United States of -America. No party to this Agreement will bring a legal action under this -Agreement more than one year after the cause of action arose. Each party waives -its rights to a jury trial in any resulting litigation.
+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.
-
Eclipse Public License - v 1.0 -
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER -THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, -REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE -OF THIS AGREEMENT.
+ -1. DEFINITIONS
+Eclipse Public License - v 1.0
-"Contribution" means:
+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.
-a)
-in the case of the initial Contributor, the initial code and documentation
-distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
1. DEFINITIONS
-i) -changes to the Program, and
+"Contribution" means:
-ii) -additions to the Program;
+a) in the case of the initial Contributor, the initial +code and documentation distributed under this Agreement, and
+b) in the case of each subsequent Contributor:
+i) changes to the Program, and
+ii) additions to the Program;
+where such changes and/or additions to the Program +originate from and are distributed by that particular Contributor. A +Contribution 'originates' from a Contributor if it was added to the +Program by such Contributor itself or anyone acting on such +Contributor's behalf. Contributions do not include additions to the +Program which: (i) are separate modules of software distributed in +conjunction with the Program under their own license agreement, and (ii) +are not derivative works of the Program.
-where -such changes and/or additions to the Program originate from and are distributed -by that particular Contributor. A Contribution 'originates' from a Contributor -if it was added to the Program by such Contributor itself or anyone acting on -such Contributor's behalf. Contributions do not include additions to the -Program which: (i) are separate modules of software distributed in conjunction -with the Program under their own license agreement, and (ii) are not derivative -works of the Program.
+"Contributor" means any person or entity that distributes +the Program.
-"Contributor" means any person or -entity that distributes the Program.
+"Licensed Patents" mean patent claims licensable by a +Contributor which are necessarily infringed by the use or sale of its +Contribution alone or when combined with the Program.
-"Licensed Patents " mean patent -claims licensable by a Contributor which are necessarily infringed by the use -or sale of its Contribution alone or when combined with the Program.
+"Program" means the Contributions distributed in accordance +with this Agreement.
-"Program" means the Contributions -distributed in accordance with this Agreement.
+"Recipient" means anyone who receives the Program under +this Agreement, including all Contributors.
-"Recipient" means anyone who -receives the Program under this Agreement, including all Contributors.
+2. GRANT OF RIGHTS
-2. GRANT OF RIGHTS
+a) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free copyright license to reproduce, prepare derivative works +of, publicly display, publicly perform, distribute and sublicense the +Contribution of such Contributor, if any, and such derivative works, in +source code and object code form.
-a) -Subject to the terms of this Agreement, each Contributor hereby grants Recipient -a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly -display, publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and object code -form.
+b) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free patent license under Licensed Patents to make, use, sell, +offer to sell, import and otherwise transfer the Contribution of such +Contributor, if any, in source code and object code form. This patent +license shall apply to the combination of the Contribution and the +Program if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to be covered +by the Licensed Patents. The patent license shall not apply to any other +combinations which include the Contribution. No hardware per se is +licensed hereunder.
-b) -Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free -patent license under Licensed Patents to make, use, sell, offer to sell, import -and otherwise transfer the Contribution of such Contributor, if any, in source -code and object code form. This patent license shall apply to the combination -of the Contribution and the Program if, at the time the Contribution is added -by the Contributor, such addition of the Contribution causes such combination -to be covered by the Licensed Patents. The patent license shall not apply to -any other combinations which include the Contribution. No hardware per se is -licensed hereunder.
+c) Recipient understands that although each Contributor +grants the licenses to its Contributions set forth herein, no assurances +are provided by any Contributor that the Program does not infringe the +patent or other intellectual property rights of any other entity. Each +Contributor disclaims any liability to Recipient for claims brought by +any other entity based on infringement of intellectual property rights +or otherwise. As a condition to exercising the rights and licenses +granted hereunder, each Recipient hereby assumes sole responsibility to +secure any other intellectual property rights needed, if any. For +example, if a third party patent license is required to allow Recipient +to distribute the Program, it is Recipient's responsibility to acquire +that license before distributing the Program.
-c) -Recipient understands that although each Contributor grants the licenses to its -Contributions set forth herein, no assurances are provided by any Contributor -that the Program does not infringe the patent or other intellectual property -rights of any other entity. Each Contributor disclaims any liability to Recipient -for claims brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the rights and -licenses granted hereunder, each Recipient hereby assumes sole responsibility -to secure any other intellectual property rights needed, if any. For example, -if a third party patent license is required to allow Recipient to distribute -the Program, it is Recipient's responsibility to acquire that license before -distributing the Program.
+d) Each Contributor represents that to its knowledge it +has sufficient copyright rights in its Contribution, if any, to grant +the copyright license set forth in this Agreement.
-d) -Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement.
+3. REQUIREMENTS
-3. REQUIREMENTS
+A Contributor may choose to distribute the Program in object code +form under its own license agreement, provided that:
-A Contributor may choose to distribute the -Program in object code form under its own license agreement, provided that: -
+a) it complies with the terms and conditions of this +Agreement; and
-a) -it complies with the terms and conditions of this Agreement; and
+b) its license agreement:
-b) -its license agreement:
+i) effectively disclaims on behalf of all Contributors +all warranties and conditions, express and implied, including warranties +or conditions of title and non-infringement, and implied warranties or +conditions of merchantability and fitness for a particular purpose;
-i) -effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose;
+ii) effectively excludes on behalf of all Contributors +all liability for damages, including direct, indirect, special, +incidental and consequential damages, such as lost profits;
-ii) -effectively excludes on behalf of all Contributors all liability for damages, -including direct, indirect, special, incidental and consequential damages, such -as lost profits;
+iii) states that any provisions which differ from this +Agreement are offered by that Contributor alone and not by any other +party; and
-iii) -states that any provisions which differ from this Agreement are offered by that -Contributor alone and not by any other party; and
+iv) states that source code for the Program is available +from such Contributor, and informs licensees how to obtain it in a +reasonable manner on or through a medium customarily used for software +exchange.
-iv) -states that source code for the Program is available from such Contributor, and -informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange.
+When the Program is made available in source code form:
-When the Program is made available in source -code form:
+a) it must be made available under this Agreement; and
-a) -it must be made available under this Agreement; and
+b) a copy of this Agreement must be included with each +copy of the Program.
-b) a -copy of this Agreement must be included with each copy of the Program.
+Contributors may not remove or alter any copyright notices contained +within the Program.
-Contributors may not remove or alter any -copyright notices contained within the Program.
+Each Contributor must identify itself as the originator of its +Contribution, if any, in a manner that reasonably allows subsequent +Recipients to identify the originator of the Contribution.
-Each Contributor must identify itself as the -originator of its Contribution, if any, in a manner that reasonably allows -subsequent Recipients to identify the originator of the Contribution.
+4. COMMERCIAL DISTRIBUTION
-4. COMMERCIAL DISTRIBUTION
+Commercial distributors of software may accept certain +responsibilities with respect to end users, business partners and the +like. While this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and +indemnify every other Contributor ("Indemnified Contributor") +against any losses, damages and costs (collectively "Losses") +arising from claims, lawsuits and other legal actions brought by a third +party against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection with its +distribution of the Program in a commercial product offering. The +obligations in this section do not apply to any claims or Losses +relating to any actual or alleged intellectual property infringement. In +order to qualify, an Indemnified Contributor must: a) promptly notify +the Commercial Contributor in writing of such claim, and b) allow the +Commercial Contributor to control, and cooperate with the Commercial +Contributor in, the defense and any related settlement negotiations. The +Indemnified Contributor may participate in any such claim at its own +expense.
-Commercial distributors of software may -accept certain responsibilities with respect to end users, business partners -and the like. While this license is intended to facilitate the commercial use -of the Program, the Contributor who includes the Program in a commercial -product offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes the -Program in a commercial product offering, such Contributor ("Commercial -Contributor") hereby agrees to defend and indemnify every other -Contributor ("Indemnified Contributor") against any losses, damages and -costs (collectively "Losses") arising from claims, lawsuits and other -legal actions brought by a third party against the Indemnified Contributor to -the extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may participate -in any such claim at its own expense.
+For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any other +Contributor to pay any damages as a result, the Commercial Contributor +must pay those damages.
-For example, a Contributor might include the -Program in a commercial product offering, Product X. That Contributor is then a -Commercial Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance claims and -warranties are such Commercial Contributor's responsibility alone. Under this -section, the Commercial Contributor would have to defend claims against the -other Contributors related to those performance claims and warranties, and if a -court requires any other Contributor to pay any damages as a result, the -Commercial Contributor must pay those damages.
+5. NO WARRANTY
-5. NO WARRANTY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, +ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely +responsible for determining the appropriateness of using and +distributing the Program and assumes all risks associated with its +exercise of rights under this Agreement , including but not limited to +the risks and costs of program errors, compliance with applicable laws, +damage to or loss of data, programs or equipment, and unavailability or +interruption of operations.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT -WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, -WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and distributing the -Program and assumes all risks associated with its exercise of rights under this -Agreement , including but not limited to the risks and costs of program errors, -compliance with applicable laws, damage to or loss of data, programs or -equipment, and unavailability or interruption of operations.
+6. DISCLAIMER OF LIABILITY
-6. DISCLAIMER OF LIABILITY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT +NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY -OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF -THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF -THE POSSIBILITY OF SUCH DAMAGES.
+7. GENERAL
-7. GENERAL
+If any provision of this Agreement is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this Agreement, and without further action +by the parties hereto, such provision shall be reformed to the minimum +extent necessary to make such provision valid and enforceable.
-If any provision of this Agreement is invalid -or unenforceable under applicable law, it shall not affect the validity or -enforceability of the remainder of the terms of this Agreement, and without -further action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable.
+If Recipient institutes patent litigation against any entity +(including a cross-claim or counterclaim in a lawsuit) alleging that the +Program itself (excluding combinations of the Program with other +software or hardware) infringes such Recipient's patent(s), then such +Recipient's rights granted under Section 2(b) shall terminate as of the +date such litigation is filed.
-If Recipient institutes patent litigation -against any entity (including a cross-claim or counterclaim in a lawsuit) -alleging that the Program itself (excluding combinations of the Program with -other software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of the date -such litigation is filed.
- -All Recipient's rights under this Agreement
-shall terminate if it fails to comply with any of the material terms or
-conditions of this Agreement and does not cure such failure in a reasonable
-period of time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use and
+ All Recipient's rights under this Agreement shall terminate if it
+fails to comply with any of the material terms or conditions of this
+Agreement and does not cure such failure in a reasonable period of time
+after becoming aware of such noncompliance. If all Recipient's rights
+under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
-Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute -copies of this Agreement, but in order to avoid inconsistency the Agreement is -copyrighted and may only be modified in the following manner. The Agreement -Steward reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement Steward has -the right to modify this Agreement. The Eclipse Foundation is the initial -Agreement Steward. The Eclipse Foundation may assign the responsibility to -serve as the Agreement Steward to a suitable separate entity. Each new version -of the Agreement will be given a distinguishing version number. The Program -(including Contributions) may always be distributed subject to the version of -the Agreement under which it was received. In addition, after a new version of -the Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as expressly stated -in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to -the intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved.
+Everyone is permitted to copy and distribute copies of this +Agreement, but in order to avoid inconsistency the Agreement is +copyrighted and may only be modified in the following manner. The +Agreement Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other than the +Agreement Steward has the right to modify this Agreement. The Eclipse +Foundation is the initial Agreement Steward. The Eclipse Foundation may +assign the responsibility to serve as the Agreement Steward to a +suitable separate entity. Each new version of the Agreement will be +given a distinguishing version number. The Program (including +Contributions) may always be distributed subject to the version of the +Agreement under which it was received. In addition, after a new version +of the Agreement is published, Contributor may elect to distribute the +Program (including its Contributions) under the new version. Except as +expressly stated in Sections 2(a) and 2(b) above, Recipient receives no +rights or licenses to the intellectual property of any Contributor under +this Agreement, whether expressly, by implication, estoppel or +otherwise. All rights in the Program not expressly granted under this +Agreement are reserved.
-This Agreement is governed by the laws of the -State of New York and the intellectual property laws of the United States of -America. No party to this Agreement will bring a legal action under this -Agreement more than one year after the cause of action arose. Each party waives -its rights to a jury trial in any resulting litigation.
+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.
-
Eclipse Public License - v 1.0 -
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER -THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, -REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE -OF THIS AGREEMENT.
+ -1. DEFINITIONS
+Eclipse Public License - v 1.0
-"Contribution" means:
+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.
-a)
-in the case of the initial Contributor, the initial code and documentation
-distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
1. DEFINITIONS
-i) -changes to the Program, and
+"Contribution" means:
-ii) -additions to the Program;
+a) in the case of the initial Contributor, the initial +code and documentation distributed under this Agreement, and
+b) in the case of each subsequent Contributor:
+i) changes to the Program, and
+ii) additions to the Program;
+where such changes and/or additions to the Program +originate from and are distributed by that particular Contributor. A +Contribution 'originates' from a Contributor if it was added to the +Program by such Contributor itself or anyone acting on such +Contributor's behalf. Contributions do not include additions to the +Program which: (i) are separate modules of software distributed in +conjunction with the Program under their own license agreement, and (ii) +are not derivative works of the Program.
-where -such changes and/or additions to the Program originate from and are distributed -by that particular Contributor. A Contribution 'originates' from a Contributor -if it was added to the Program by such Contributor itself or anyone acting on -such Contributor's behalf. Contributions do not include additions to the -Program which: (i) are separate modules of software distributed in conjunction -with the Program under their own license agreement, and (ii) are not derivative -works of the Program.
+"Contributor" means any person or entity that distributes +the Program.
-"Contributor" means any person or -entity that distributes the Program.
+"Licensed Patents" mean patent claims licensable by a +Contributor which are necessarily infringed by the use or sale of its +Contribution alone or when combined with the Program.
-"Licensed Patents " mean patent -claims licensable by a Contributor which are necessarily infringed by the use -or sale of its Contribution alone or when combined with the Program.
+"Program" means the Contributions distributed in accordance +with this Agreement.
-"Program" means the Contributions -distributed in accordance with this Agreement.
+"Recipient" means anyone who receives the Program under +this Agreement, including all Contributors.
-"Recipient" means anyone who -receives the Program under this Agreement, including all Contributors.
+2. GRANT OF RIGHTS
-2. GRANT OF RIGHTS
+a) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free copyright license to reproduce, prepare derivative works +of, publicly display, publicly perform, distribute and sublicense the +Contribution of such Contributor, if any, and such derivative works, in +source code and object code form.
-a) -Subject to the terms of this Agreement, each Contributor hereby grants Recipient -a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly -display, publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and object code -form.
+b) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free patent license under Licensed Patents to make, use, sell, +offer to sell, import and otherwise transfer the Contribution of such +Contributor, if any, in source code and object code form. This patent +license shall apply to the combination of the Contribution and the +Program if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to be covered +by the Licensed Patents. The patent license shall not apply to any other +combinations which include the Contribution. No hardware per se is +licensed hereunder.
-b) -Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free -patent license under Licensed Patents to make, use, sell, offer to sell, import -and otherwise transfer the Contribution of such Contributor, if any, in source -code and object code form. This patent license shall apply to the combination -of the Contribution and the Program if, at the time the Contribution is added -by the Contributor, such addition of the Contribution causes such combination -to be covered by the Licensed Patents. The patent license shall not apply to -any other combinations which include the Contribution. No hardware per se is -licensed hereunder.
+c) Recipient understands that although each Contributor +grants the licenses to its Contributions set forth herein, no assurances +are provided by any Contributor that the Program does not infringe the +patent or other intellectual property rights of any other entity. Each +Contributor disclaims any liability to Recipient for claims brought by +any other entity based on infringement of intellectual property rights +or otherwise. As a condition to exercising the rights and licenses +granted hereunder, each Recipient hereby assumes sole responsibility to +secure any other intellectual property rights needed, if any. For +example, if a third party patent license is required to allow Recipient +to distribute the Program, it is Recipient's responsibility to acquire +that license before distributing the Program.
-c) -Recipient understands that although each Contributor grants the licenses to its -Contributions set forth herein, no assurances are provided by any Contributor -that the Program does not infringe the patent or other intellectual property -rights of any other entity. Each Contributor disclaims any liability to Recipient -for claims brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the rights and -licenses granted hereunder, each Recipient hereby assumes sole responsibility -to secure any other intellectual property rights needed, if any. For example, -if a third party patent license is required to allow Recipient to distribute -the Program, it is Recipient's responsibility to acquire that license before -distributing the Program.
+d) Each Contributor represents that to its knowledge it +has sufficient copyright rights in its Contribution, if any, to grant +the copyright license set forth in this Agreement.
-d) -Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement.
+3. REQUIREMENTS
-3. REQUIREMENTS
+A Contributor may choose to distribute the Program in object code +form under its own license agreement, provided that:
-A Contributor may choose to distribute the -Program in object code form under its own license agreement, provided that: -
+a) it complies with the terms and conditions of this +Agreement; and
-a) -it complies with the terms and conditions of this Agreement; and
+b) its license agreement:
-b) -its license agreement:
+i) effectively disclaims on behalf of all Contributors +all warranties and conditions, express and implied, including warranties +or conditions of title and non-infringement, and implied warranties or +conditions of merchantability and fitness for a particular purpose;
-i) -effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose;
+ii) effectively excludes on behalf of all Contributors +all liability for damages, including direct, indirect, special, +incidental and consequential damages, such as lost profits;
-ii) -effectively excludes on behalf of all Contributors all liability for damages, -including direct, indirect, special, incidental and consequential damages, such -as lost profits;
+iii) states that any provisions which differ from this +Agreement are offered by that Contributor alone and not by any other +party; and
-iii) -states that any provisions which differ from this Agreement are offered by that -Contributor alone and not by any other party; and
+iv) states that source code for the Program is available +from such Contributor, and informs licensees how to obtain it in a +reasonable manner on or through a medium customarily used for software +exchange.
-iv) -states that source code for the Program is available from such Contributor, and -informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange.
+When the Program is made available in source code form:
-When the Program is made available in source -code form:
+a) it must be made available under this Agreement; and
-a) -it must be made available under this Agreement; and
+b) a copy of this Agreement must be included with each +copy of the Program.
-b) a -copy of this Agreement must be included with each copy of the Program.
+Contributors may not remove or alter any copyright notices contained +within the Program.
-Contributors may not remove or alter any -copyright notices contained within the Program.
+Each Contributor must identify itself as the originator of its +Contribution, if any, in a manner that reasonably allows subsequent +Recipients to identify the originator of the Contribution.
-Each Contributor must identify itself as the -originator of its Contribution, if any, in a manner that reasonably allows -subsequent Recipients to identify the originator of the Contribution.
+4. COMMERCIAL DISTRIBUTION
-4. COMMERCIAL DISTRIBUTION
+Commercial distributors of software may accept certain +responsibilities with respect to end users, business partners and the +like. While this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and +indemnify every other Contributor ("Indemnified Contributor") +against any losses, damages and costs (collectively "Losses") +arising from claims, lawsuits and other legal actions brought by a third +party against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection with its +distribution of the Program in a commercial product offering. The +obligations in this section do not apply to any claims or Losses +relating to any actual or alleged intellectual property infringement. In +order to qualify, an Indemnified Contributor must: a) promptly notify +the Commercial Contributor in writing of such claim, and b) allow the +Commercial Contributor to control, and cooperate with the Commercial +Contributor in, the defense and any related settlement negotiations. The +Indemnified Contributor may participate in any such claim at its own +expense.
-Commercial distributors of software may -accept certain responsibilities with respect to end users, business partners -and the like. While this license is intended to facilitate the commercial use -of the Program, the Contributor who includes the Program in a commercial -product offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes the -Program in a commercial product offering, such Contributor ("Commercial -Contributor") hereby agrees to defend and indemnify every other -Contributor ("Indemnified Contributor") against any losses, damages and -costs (collectively "Losses") arising from claims, lawsuits and other -legal actions brought by a third party against the Indemnified Contributor to -the extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may participate -in any such claim at its own expense.
+For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any other +Contributor to pay any damages as a result, the Commercial Contributor +must pay those damages.
-For example, a Contributor might include the -Program in a commercial product offering, Product X. That Contributor is then a -Commercial Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance claims and -warranties are such Commercial Contributor's responsibility alone. Under this -section, the Commercial Contributor would have to defend claims against the -other Contributors related to those performance claims and warranties, and if a -court requires any other Contributor to pay any damages as a result, the -Commercial Contributor must pay those damages.
+5. NO WARRANTY
-5. NO WARRANTY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, +ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely +responsible for determining the appropriateness of using and +distributing the Program and assumes all risks associated with its +exercise of rights under this Agreement , including but not limited to +the risks and costs of program errors, compliance with applicable laws, +damage to or loss of data, programs or equipment, and unavailability or +interruption of operations.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT -WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, -WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and distributing the -Program and assumes all risks associated with its exercise of rights under this -Agreement , including but not limited to the risks and costs of program errors, -compliance with applicable laws, damage to or loss of data, programs or -equipment, and unavailability or interruption of operations.
+6. DISCLAIMER OF LIABILITY
-6. DISCLAIMER OF LIABILITY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT +NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY -OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF -THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF -THE POSSIBILITY OF SUCH DAMAGES.
+7. GENERAL
-7. GENERAL
+If any provision of this Agreement is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this Agreement, and without further action +by the parties hereto, such provision shall be reformed to the minimum +extent necessary to make such provision valid and enforceable.
-If any provision of this Agreement is invalid -or unenforceable under applicable law, it shall not affect the validity or -enforceability of the remainder of the terms of this Agreement, and without -further action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable.
+If Recipient institutes patent litigation against any entity +(including a cross-claim or counterclaim in a lawsuit) alleging that the +Program itself (excluding combinations of the Program with other +software or hardware) infringes such Recipient's patent(s), then such +Recipient's rights granted under Section 2(b) shall terminate as of the +date such litigation is filed.
-If Recipient institutes patent litigation -against any entity (including a cross-claim or counterclaim in a lawsuit) -alleging that the Program itself (excluding combinations of the Program with -other software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of the date -such litigation is filed.
- -All Recipient's rights under this Agreement
-shall terminate if it fails to comply with any of the material terms or
-conditions of this Agreement and does not cure such failure in a reasonable
-period of time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use and
+ All Recipient's rights under this Agreement shall terminate if it
+fails to comply with any of the material terms or conditions of this
+Agreement and does not cure such failure in a reasonable period of time
+after becoming aware of such noncompliance. If all Recipient's rights
+under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
-Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute -copies of this Agreement, but in order to avoid inconsistency the Agreement is -copyrighted and may only be modified in the following manner. The Agreement -Steward reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement Steward has -the right to modify this Agreement. The Eclipse Foundation is the initial -Agreement Steward. The Eclipse Foundation may assign the responsibility to -serve as the Agreement Steward to a suitable separate entity. Each new version -of the Agreement will be given a distinguishing version number. The Program -(including Contributions) may always be distributed subject to the version of -the Agreement under which it was received. In addition, after a new version of -the Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as expressly stated -in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to -the intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved.
+Everyone is permitted to copy and distribute copies of this +Agreement, but in order to avoid inconsistency the Agreement is +copyrighted and may only be modified in the following manner. The +Agreement Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other than the +Agreement Steward has the right to modify this Agreement. The Eclipse +Foundation is the initial Agreement Steward. The Eclipse Foundation may +assign the responsibility to serve as the Agreement Steward to a +suitable separate entity. Each new version of the Agreement will be +given a distinguishing version number. The Program (including +Contributions) may always be distributed subject to the version of the +Agreement under which it was received. In addition, after a new version +of the Agreement is published, Contributor may elect to distribute the +Program (including its Contributions) under the new version. Except as +expressly stated in Sections 2(a) and 2(b) above, Recipient receives no +rights or licenses to the intellectual property of any Contributor under +this Agreement, whether expressly, by implication, estoppel or +otherwise. All rights in the Program not expressly granted under this +Agreement are reserved.
-This Agreement is governed by the laws of the -State of New York and the intellectual property laws of the United States of -America. No party to this Agreement will bring a legal action under this -Agreement more than one year after the cause of action arose. Each party waives -its rights to a jury trial in any resulting litigation.
+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.
-
Eclipse Public License - v 1.0 -
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER -THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, -REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE -OF THIS AGREEMENT.
+ -1. DEFINITIONS
+Eclipse Public License - v 1.0
-"Contribution" means:
+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.
-a)
-in the case of the initial Contributor, the initial code and documentation
-distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
1. DEFINITIONS
-i) -changes to the Program, and
+"Contribution" means:
-ii) -additions to the Program;
+a) in the case of the initial Contributor, the initial +code and documentation distributed under this Agreement, and
+b) in the case of each subsequent Contributor:
+i) changes to the Program, and
+ii) additions to the Program;
+where such changes and/or additions to the Program +originate from and are distributed by that particular Contributor. A +Contribution 'originates' from a Contributor if it was added to the +Program by such Contributor itself or anyone acting on such +Contributor's behalf. Contributions do not include additions to the +Program which: (i) are separate modules of software distributed in +conjunction with the Program under their own license agreement, and (ii) +are not derivative works of the Program.
-where -such changes and/or additions to the Program originate from and are distributed -by that particular Contributor. A Contribution 'originates' from a Contributor -if it was added to the Program by such Contributor itself or anyone acting on -such Contributor's behalf. Contributions do not include additions to the -Program which: (i) are separate modules of software distributed in conjunction -with the Program under their own license agreement, and (ii) are not derivative -works of the Program.
+"Contributor" means any person or entity that distributes +the Program.
-"Contributor" means any person or -entity that distributes the Program.
+"Licensed Patents" mean patent claims licensable by a +Contributor which are necessarily infringed by the use or sale of its +Contribution alone or when combined with the Program.
-"Licensed Patents " mean patent -claims licensable by a Contributor which are necessarily infringed by the use -or sale of its Contribution alone or when combined with the Program.
+"Program" means the Contributions distributed in accordance +with this Agreement.
-"Program" means the Contributions -distributed in accordance with this Agreement.
+"Recipient" means anyone who receives the Program under +this Agreement, including all Contributors.
-"Recipient" means anyone who -receives the Program under this Agreement, including all Contributors.
+2. GRANT OF RIGHTS
-2. GRANT OF RIGHTS
+a) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free copyright license to reproduce, prepare derivative works +of, publicly display, publicly perform, distribute and sublicense the +Contribution of such Contributor, if any, and such derivative works, in +source code and object code form.
-a) -Subject to the terms of this Agreement, each Contributor hereby grants Recipient -a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly -display, publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and object code -form.
+b) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free patent license under Licensed Patents to make, use, sell, +offer to sell, import and otherwise transfer the Contribution of such +Contributor, if any, in source code and object code form. This patent +license shall apply to the combination of the Contribution and the +Program if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to be covered +by the Licensed Patents. The patent license shall not apply to any other +combinations which include the Contribution. No hardware per se is +licensed hereunder.
-b) -Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free -patent license under Licensed Patents to make, use, sell, offer to sell, import -and otherwise transfer the Contribution of such Contributor, if any, in source -code and object code form. This patent license shall apply to the combination -of the Contribution and the Program if, at the time the Contribution is added -by the Contributor, such addition of the Contribution causes such combination -to be covered by the Licensed Patents. The patent license shall not apply to -any other combinations which include the Contribution. No hardware per se is -licensed hereunder.
+c) Recipient understands that although each Contributor +grants the licenses to its Contributions set forth herein, no assurances +are provided by any Contributor that the Program does not infringe the +patent or other intellectual property rights of any other entity. Each +Contributor disclaims any liability to Recipient for claims brought by +any other entity based on infringement of intellectual property rights +or otherwise. As a condition to exercising the rights and licenses +granted hereunder, each Recipient hereby assumes sole responsibility to +secure any other intellectual property rights needed, if any. For +example, if a third party patent license is required to allow Recipient +to distribute the Program, it is Recipient's responsibility to acquire +that license before distributing the Program.
-c) -Recipient understands that although each Contributor grants the licenses to its -Contributions set forth herein, no assurances are provided by any Contributor -that the Program does not infringe the patent or other intellectual property -rights of any other entity. Each Contributor disclaims any liability to Recipient -for claims brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the rights and -licenses granted hereunder, each Recipient hereby assumes sole responsibility -to secure any other intellectual property rights needed, if any. For example, -if a third party patent license is required to allow Recipient to distribute -the Program, it is Recipient's responsibility to acquire that license before -distributing the Program.
+d) Each Contributor represents that to its knowledge it +has sufficient copyright rights in its Contribution, if any, to grant +the copyright license set forth in this Agreement.
-d) -Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement.
+3. REQUIREMENTS
-3. REQUIREMENTS
+A Contributor may choose to distribute the Program in object code +form under its own license agreement, provided that:
-A Contributor may choose to distribute the -Program in object code form under its own license agreement, provided that: -
+a) it complies with the terms and conditions of this +Agreement; and
-a) -it complies with the terms and conditions of this Agreement; and
+b) its license agreement:
-b) -its license agreement:
+i) effectively disclaims on behalf of all Contributors +all warranties and conditions, express and implied, including warranties +or conditions of title and non-infringement, and implied warranties or +conditions of merchantability and fitness for a particular purpose;
-i) -effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose;
+ii) effectively excludes on behalf of all Contributors +all liability for damages, including direct, indirect, special, +incidental and consequential damages, such as lost profits;
-ii) -effectively excludes on behalf of all Contributors all liability for damages, -including direct, indirect, special, incidental and consequential damages, such -as lost profits;
+iii) states that any provisions which differ from this +Agreement are offered by that Contributor alone and not by any other +party; and
-iii) -states that any provisions which differ from this Agreement are offered by that -Contributor alone and not by any other party; and
+iv) states that source code for the Program is available +from such Contributor, and informs licensees how to obtain it in a +reasonable manner on or through a medium customarily used for software +exchange.
-iv) -states that source code for the Program is available from such Contributor, and -informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange.
+When the Program is made available in source code form:
-When the Program is made available in source -code form:
+a) it must be made available under this Agreement; and
-a) -it must be made available under this Agreement; and
+b) a copy of this Agreement must be included with each +copy of the Program.
-b) a -copy of this Agreement must be included with each copy of the Program.
+Contributors may not remove or alter any copyright notices contained +within the Program.
-Contributors may not remove or alter any -copyright notices contained within the Program.
+Each Contributor must identify itself as the originator of its +Contribution, if any, in a manner that reasonably allows subsequent +Recipients to identify the originator of the Contribution.
-Each Contributor must identify itself as the -originator of its Contribution, if any, in a manner that reasonably allows -subsequent Recipients to identify the originator of the Contribution.
+4. COMMERCIAL DISTRIBUTION
-4. COMMERCIAL DISTRIBUTION
+Commercial distributors of software may accept certain +responsibilities with respect to end users, business partners and the +like. While this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and +indemnify every other Contributor ("Indemnified Contributor") +against any losses, damages and costs (collectively "Losses") +arising from claims, lawsuits and other legal actions brought by a third +party against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection with its +distribution of the Program in a commercial product offering. The +obligations in this section do not apply to any claims or Losses +relating to any actual or alleged intellectual property infringement. In +order to qualify, an Indemnified Contributor must: a) promptly notify +the Commercial Contributor in writing of such claim, and b) allow the +Commercial Contributor to control, and cooperate with the Commercial +Contributor in, the defense and any related settlement negotiations. The +Indemnified Contributor may participate in any such claim at its own +expense.
-Commercial distributors of software may -accept certain responsibilities with respect to end users, business partners -and the like. While this license is intended to facilitate the commercial use -of the Program, the Contributor who includes the Program in a commercial -product offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes the -Program in a commercial product offering, such Contributor ("Commercial -Contributor") hereby agrees to defend and indemnify every other -Contributor ("Indemnified Contributor") against any losses, damages and -costs (collectively "Losses") arising from claims, lawsuits and other -legal actions brought by a third party against the Indemnified Contributor to -the extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may participate -in any such claim at its own expense.
+For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any other +Contributor to pay any damages as a result, the Commercial Contributor +must pay those damages.
-For example, a Contributor might include the -Program in a commercial product offering, Product X. That Contributor is then a -Commercial Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance claims and -warranties are such Commercial Contributor's responsibility alone. Under this -section, the Commercial Contributor would have to defend claims against the -other Contributors related to those performance claims and warranties, and if a -court requires any other Contributor to pay any damages as a result, the -Commercial Contributor must pay those damages.
+5. NO WARRANTY
-5. NO WARRANTY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, +ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely +responsible for determining the appropriateness of using and +distributing the Program and assumes all risks associated with its +exercise of rights under this Agreement , including but not limited to +the risks and costs of program errors, compliance with applicable laws, +damage to or loss of data, programs or equipment, and unavailability or +interruption of operations.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT -WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, -WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and distributing the -Program and assumes all risks associated with its exercise of rights under this -Agreement , including but not limited to the risks and costs of program errors, -compliance with applicable laws, damage to or loss of data, programs or -equipment, and unavailability or interruption of operations.
+6. DISCLAIMER OF LIABILITY
-6. DISCLAIMER OF LIABILITY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT +NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY -OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF -THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF -THE POSSIBILITY OF SUCH DAMAGES.
+7. GENERAL
-7. GENERAL
+If any provision of this Agreement is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this Agreement, and without further action +by the parties hereto, such provision shall be reformed to the minimum +extent necessary to make such provision valid and enforceable.
-If any provision of this Agreement is invalid -or unenforceable under applicable law, it shall not affect the validity or -enforceability of the remainder of the terms of this Agreement, and without -further action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable.
+If Recipient institutes patent litigation against any entity +(including a cross-claim or counterclaim in a lawsuit) alleging that the +Program itself (excluding combinations of the Program with other +software or hardware) infringes such Recipient's patent(s), then such +Recipient's rights granted under Section 2(b) shall terminate as of the +date such litigation is filed.
-If Recipient institutes patent litigation -against any entity (including a cross-claim or counterclaim in a lawsuit) -alleging that the Program itself (excluding combinations of the Program with -other software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of the date -such litigation is filed.
- -All Recipient's rights under this Agreement
-shall terminate if it fails to comply with any of the material terms or
-conditions of this Agreement and does not cure such failure in a reasonable
-period of time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use and
+ All Recipient's rights under this Agreement shall terminate if it
+fails to comply with any of the material terms or conditions of this
+Agreement and does not cure such failure in a reasonable period of time
+after becoming aware of such noncompliance. If all Recipient's rights
+under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
-Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute -copies of this Agreement, but in order to avoid inconsistency the Agreement is -copyrighted and may only be modified in the following manner. The Agreement -Steward reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement Steward has -the right to modify this Agreement. The Eclipse Foundation is the initial -Agreement Steward. The Eclipse Foundation may assign the responsibility to -serve as the Agreement Steward to a suitable separate entity. Each new version -of the Agreement will be given a distinguishing version number. The Program -(including Contributions) may always be distributed subject to the version of -the Agreement under which it was received. In addition, after a new version of -the Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as expressly stated -in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to -the intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved.
+Everyone is permitted to copy and distribute copies of this +Agreement, but in order to avoid inconsistency the Agreement is +copyrighted and may only be modified in the following manner. The +Agreement Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other than the +Agreement Steward has the right to modify this Agreement. The Eclipse +Foundation is the initial Agreement Steward. The Eclipse Foundation may +assign the responsibility to serve as the Agreement Steward to a +suitable separate entity. Each new version of the Agreement will be +given a distinguishing version number. The Program (including +Contributions) may always be distributed subject to the version of the +Agreement under which it was received. In addition, after a new version +of the Agreement is published, Contributor may elect to distribute the +Program (including its Contributions) under the new version. Except as +expressly stated in Sections 2(a) and 2(b) above, Recipient receives no +rights or licenses to the intellectual property of any Contributor under +this Agreement, whether expressly, by implication, estoppel or +otherwise. All rights in the Program not expressly granted under this +Agreement are reserved.
-This Agreement is governed by the laws of the -State of New York and the intellectual property laws of the United States of -America. No party to this Agreement will bring a legal action under this -Agreement more than one year after the cause of action arose. Each party waives -its rights to a jury trial in any resulting litigation.
+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.
-
Eclipse Public License - v 1.0 -
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER -THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, -REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE -OF THIS AGREEMENT.
+ -1. DEFINITIONS
+Eclipse Public License - v 1.0
-"Contribution" means:
+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.
-a)
-in the case of the initial Contributor, the initial code and documentation
-distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
1. DEFINITIONS
-i) -changes to the Program, and
+"Contribution" means:
-ii) -additions to the Program;
+a) in the case of the initial Contributor, the initial +code and documentation distributed under this Agreement, and
+b) in the case of each subsequent Contributor:
+i) changes to the Program, and
+ii) additions to the Program;
+where such changes and/or additions to the Program +originate from and are distributed by that particular Contributor. A +Contribution 'originates' from a Contributor if it was added to the +Program by such Contributor itself or anyone acting on such +Contributor's behalf. Contributions do not include additions to the +Program which: (i) are separate modules of software distributed in +conjunction with the Program under their own license agreement, and (ii) +are not derivative works of the Program.
-where -such changes and/or additions to the Program originate from and are distributed -by that particular Contributor. A Contribution 'originates' from a Contributor -if it was added to the Program by such Contributor itself or anyone acting on -such Contributor's behalf. Contributions do not include additions to the -Program which: (i) are separate modules of software distributed in conjunction -with the Program under their own license agreement, and (ii) are not derivative -works of the Program.
+"Contributor" means any person or entity that distributes +the Program.
-"Contributor" means any person or -entity that distributes the Program.
+"Licensed Patents" mean patent claims licensable by a +Contributor which are necessarily infringed by the use or sale of its +Contribution alone or when combined with the Program.
-"Licensed Patents " mean patent -claims licensable by a Contributor which are necessarily infringed by the use -or sale of its Contribution alone or when combined with the Program.
+"Program" means the Contributions distributed in accordance +with this Agreement.
-"Program" means the Contributions -distributed in accordance with this Agreement.
+"Recipient" means anyone who receives the Program under +this Agreement, including all Contributors.
-"Recipient" means anyone who -receives the Program under this Agreement, including all Contributors.
+2. GRANT OF RIGHTS
-2. GRANT OF RIGHTS
+a) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free copyright license to reproduce, prepare derivative works +of, publicly display, publicly perform, distribute and sublicense the +Contribution of such Contributor, if any, and such derivative works, in +source code and object code form.
-a) -Subject to the terms of this Agreement, each Contributor hereby grants Recipient -a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly -display, publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and object code -form.
+b) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free patent license under Licensed Patents to make, use, sell, +offer to sell, import and otherwise transfer the Contribution of such +Contributor, if any, in source code and object code form. This patent +license shall apply to the combination of the Contribution and the +Program if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to be covered +by the Licensed Patents. The patent license shall not apply to any other +combinations which include the Contribution. No hardware per se is +licensed hereunder.
-b) -Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free -patent license under Licensed Patents to make, use, sell, offer to sell, import -and otherwise transfer the Contribution of such Contributor, if any, in source -code and object code form. This patent license shall apply to the combination -of the Contribution and the Program if, at the time the Contribution is added -by the Contributor, such addition of the Contribution causes such combination -to be covered by the Licensed Patents. The patent license shall not apply to -any other combinations which include the Contribution. No hardware per se is -licensed hereunder.
+c) Recipient understands that although each Contributor +grants the licenses to its Contributions set forth herein, no assurances +are provided by any Contributor that the Program does not infringe the +patent or other intellectual property rights of any other entity. Each +Contributor disclaims any liability to Recipient for claims brought by +any other entity based on infringement of intellectual property rights +or otherwise. As a condition to exercising the rights and licenses +granted hereunder, each Recipient hereby assumes sole responsibility to +secure any other intellectual property rights needed, if any. For +example, if a third party patent license is required to allow Recipient +to distribute the Program, it is Recipient's responsibility to acquire +that license before distributing the Program.
-c) -Recipient understands that although each Contributor grants the licenses to its -Contributions set forth herein, no assurances are provided by any Contributor -that the Program does not infringe the patent or other intellectual property -rights of any other entity. Each Contributor disclaims any liability to Recipient -for claims brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the rights and -licenses granted hereunder, each Recipient hereby assumes sole responsibility -to secure any other intellectual property rights needed, if any. For example, -if a third party patent license is required to allow Recipient to distribute -the Program, it is Recipient's responsibility to acquire that license before -distributing the Program.
+d) Each Contributor represents that to its knowledge it +has sufficient copyright rights in its Contribution, if any, to grant +the copyright license set forth in this Agreement.
-d) -Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement.
+3. REQUIREMENTS
-3. REQUIREMENTS
+A Contributor may choose to distribute the Program in object code +form under its own license agreement, provided that:
-A Contributor may choose to distribute the -Program in object code form under its own license agreement, provided that: -
+a) it complies with the terms and conditions of this +Agreement; and
-a) -it complies with the terms and conditions of this Agreement; and
+b) its license agreement:
-b) -its license agreement:
+i) effectively disclaims on behalf of all Contributors +all warranties and conditions, express and implied, including warranties +or conditions of title and non-infringement, and implied warranties or +conditions of merchantability and fitness for a particular purpose;
-i) -effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose;
+ii) effectively excludes on behalf of all Contributors +all liability for damages, including direct, indirect, special, +incidental and consequential damages, such as lost profits;
-ii) -effectively excludes on behalf of all Contributors all liability for damages, -including direct, indirect, special, incidental and consequential damages, such -as lost profits;
+iii) states that any provisions which differ from this +Agreement are offered by that Contributor alone and not by any other +party; and
-iii) -states that any provisions which differ from this Agreement are offered by that -Contributor alone and not by any other party; and
+iv) states that source code for the Program is available +from such Contributor, and informs licensees how to obtain it in a +reasonable manner on or through a medium customarily used for software +exchange.
-iv) -states that source code for the Program is available from such Contributor, and -informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange.
+When the Program is made available in source code form:
-When the Program is made available in source -code form:
+a) it must be made available under this Agreement; and
-a) -it must be made available under this Agreement; and
+b) a copy of this Agreement must be included with each +copy of the Program.
-b) a -copy of this Agreement must be included with each copy of the Program.
+Contributors may not remove or alter any copyright notices contained +within the Program.
-Contributors may not remove or alter any -copyright notices contained within the Program.
+Each Contributor must identify itself as the originator of its +Contribution, if any, in a manner that reasonably allows subsequent +Recipients to identify the originator of the Contribution.
-Each Contributor must identify itself as the -originator of its Contribution, if any, in a manner that reasonably allows -subsequent Recipients to identify the originator of the Contribution.
+4. COMMERCIAL DISTRIBUTION
-4. COMMERCIAL DISTRIBUTION
+Commercial distributors of software may accept certain +responsibilities with respect to end users, business partners and the +like. While this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and +indemnify every other Contributor ("Indemnified Contributor") +against any losses, damages and costs (collectively "Losses") +arising from claims, lawsuits and other legal actions brought by a third +party against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection with its +distribution of the Program in a commercial product offering. The +obligations in this section do not apply to any claims or Losses +relating to any actual or alleged intellectual property infringement. In +order to qualify, an Indemnified Contributor must: a) promptly notify +the Commercial Contributor in writing of such claim, and b) allow the +Commercial Contributor to control, and cooperate with the Commercial +Contributor in, the defense and any related settlement negotiations. The +Indemnified Contributor may participate in any such claim at its own +expense.
-Commercial distributors of software may -accept certain responsibilities with respect to end users, business partners -and the like. While this license is intended to facilitate the commercial use -of the Program, the Contributor who includes the Program in a commercial -product offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes the -Program in a commercial product offering, such Contributor ("Commercial -Contributor") hereby agrees to defend and indemnify every other -Contributor ("Indemnified Contributor") against any losses, damages and -costs (collectively "Losses") arising from claims, lawsuits and other -legal actions brought by a third party against the Indemnified Contributor to -the extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may participate -in any such claim at its own expense.
+For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any other +Contributor to pay any damages as a result, the Commercial Contributor +must pay those damages.
-For example, a Contributor might include the -Program in a commercial product offering, Product X. That Contributor is then a -Commercial Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance claims and -warranties are such Commercial Contributor's responsibility alone. Under this -section, the Commercial Contributor would have to defend claims against the -other Contributors related to those performance claims and warranties, and if a -court requires any other Contributor to pay any damages as a result, the -Commercial Contributor must pay those damages.
+5. NO WARRANTY
-5. NO WARRANTY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, +ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely +responsible for determining the appropriateness of using and +distributing the Program and assumes all risks associated with its +exercise of rights under this Agreement , including but not limited to +the risks and costs of program errors, compliance with applicable laws, +damage to or loss of data, programs or equipment, and unavailability or +interruption of operations.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT -WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, -WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and distributing the -Program and assumes all risks associated with its exercise of rights under this -Agreement , including but not limited to the risks and costs of program errors, -compliance with applicable laws, damage to or loss of data, programs or -equipment, and unavailability or interruption of operations.
+6. DISCLAIMER OF LIABILITY
-6. DISCLAIMER OF LIABILITY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT +NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY -OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF -THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF -THE POSSIBILITY OF SUCH DAMAGES.
+7. GENERAL
-7. GENERAL
+If any provision of this Agreement is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this Agreement, and without further action +by the parties hereto, such provision shall be reformed to the minimum +extent necessary to make such provision valid and enforceable.
-If any provision of this Agreement is invalid -or unenforceable under applicable law, it shall not affect the validity or -enforceability of the remainder of the terms of this Agreement, and without -further action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable.
+If Recipient institutes patent litigation against any entity +(including a cross-claim or counterclaim in a lawsuit) alleging that the +Program itself (excluding combinations of the Program with other +software or hardware) infringes such Recipient's patent(s), then such +Recipient's rights granted under Section 2(b) shall terminate as of the +date such litigation is filed.
-If Recipient institutes patent litigation -against any entity (including a cross-claim or counterclaim in a lawsuit) -alleging that the Program itself (excluding combinations of the Program with -other software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of the date -such litigation is filed.
- -All Recipient's rights under this Agreement
-shall terminate if it fails to comply with any of the material terms or
-conditions of this Agreement and does not cure such failure in a reasonable
-period of time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use and
+ All Recipient's rights under this Agreement shall terminate if it
+fails to comply with any of the material terms or conditions of this
+Agreement and does not cure such failure in a reasonable period of time
+after becoming aware of such noncompliance. If all Recipient's rights
+under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
-Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute -copies of this Agreement, but in order to avoid inconsistency the Agreement is -copyrighted and may only be modified in the following manner. The Agreement -Steward reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement Steward has -the right to modify this Agreement. The Eclipse Foundation is the initial -Agreement Steward. The Eclipse Foundation may assign the responsibility to -serve as the Agreement Steward to a suitable separate entity. Each new version -of the Agreement will be given a distinguishing version number. The Program -(including Contributions) may always be distributed subject to the version of -the Agreement under which it was received. In addition, after a new version of -the Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as expressly stated -in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to -the intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved.
+Everyone is permitted to copy and distribute copies of this +Agreement, but in order to avoid inconsistency the Agreement is +copyrighted and may only be modified in the following manner. The +Agreement Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other than the +Agreement Steward has the right to modify this Agreement. The Eclipse +Foundation is the initial Agreement Steward. The Eclipse Foundation may +assign the responsibility to serve as the Agreement Steward to a +suitable separate entity. Each new version of the Agreement will be +given a distinguishing version number. The Program (including +Contributions) may always be distributed subject to the version of the +Agreement under which it was received. In addition, after a new version +of the Agreement is published, Contributor may elect to distribute the +Program (including its Contributions) under the new version. Except as +expressly stated in Sections 2(a) and 2(b) above, Recipient receives no +rights or licenses to the intellectual property of any Contributor under +this Agreement, whether expressly, by implication, estoppel or +otherwise. All rights in the Program not expressly granted under this +Agreement are reserved.
-This Agreement is governed by the laws of the -State of New York and the intellectual property laws of the United States of -America. No party to this Agreement will bring a legal action under this -Agreement more than one year after the cause of action arose. Each party waives -its rights to a jury trial in any resulting litigation.
+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.
-
Eclipse Public License - v 1.0 -
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER -THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, -REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE -OF THIS AGREEMENT.
+ -1. DEFINITIONS
+Eclipse Public License - v 1.0
-"Contribution" means:
+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.
-a)
-in the case of the initial Contributor, the initial code and documentation
-distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
1. DEFINITIONS
-i) -changes to the Program, and
+"Contribution" means:
-ii) -additions to the Program;
+a) in the case of the initial Contributor, the initial +code and documentation distributed under this Agreement, and
+b) in the case of each subsequent Contributor:
+i) changes to the Program, and
+ii) additions to the Program;
+where such changes and/or additions to the Program +originate from and are distributed by that particular Contributor. A +Contribution 'originates' from a Contributor if it was added to the +Program by such Contributor itself or anyone acting on such +Contributor's behalf. Contributions do not include additions to the +Program which: (i) are separate modules of software distributed in +conjunction with the Program under their own license agreement, and (ii) +are not derivative works of the Program.
-where -such changes and/or additions to the Program originate from and are distributed -by that particular Contributor. A Contribution 'originates' from a Contributor -if it was added to the Program by such Contributor itself or anyone acting on -such Contributor's behalf. Contributions do not include additions to the -Program which: (i) are separate modules of software distributed in conjunction -with the Program under their own license agreement, and (ii) are not derivative -works of the Program.
+"Contributor" means any person or entity that distributes +the Program.
-"Contributor" means any person or -entity that distributes the Program.
+"Licensed Patents" mean patent claims licensable by a +Contributor which are necessarily infringed by the use or sale of its +Contribution alone or when combined with the Program.
-"Licensed Patents " mean patent -claims licensable by a Contributor which are necessarily infringed by the use -or sale of its Contribution alone or when combined with the Program.
+"Program" means the Contributions distributed in accordance +with this Agreement.
-"Program" means the Contributions -distributed in accordance with this Agreement.
+"Recipient" means anyone who receives the Program under +this Agreement, including all Contributors.
-"Recipient" means anyone who -receives the Program under this Agreement, including all Contributors.
+2. GRANT OF RIGHTS
-2. GRANT OF RIGHTS
+a) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free copyright license to reproduce, prepare derivative works +of, publicly display, publicly perform, distribute and sublicense the +Contribution of such Contributor, if any, and such derivative works, in +source code and object code form.
-a) -Subject to the terms of this Agreement, each Contributor hereby grants Recipient -a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly -display, publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and object code -form.
+b) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free patent license under Licensed Patents to make, use, sell, +offer to sell, import and otherwise transfer the Contribution of such +Contributor, if any, in source code and object code form. This patent +license shall apply to the combination of the Contribution and the +Program if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to be covered +by the Licensed Patents. The patent license shall not apply to any other +combinations which include the Contribution. No hardware per se is +licensed hereunder.
-b) -Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free -patent license under Licensed Patents to make, use, sell, offer to sell, import -and otherwise transfer the Contribution of such Contributor, if any, in source -code and object code form. This patent license shall apply to the combination -of the Contribution and the Program if, at the time the Contribution is added -by the Contributor, such addition of the Contribution causes such combination -to be covered by the Licensed Patents. The patent license shall not apply to -any other combinations which include the Contribution. No hardware per se is -licensed hereunder.
+c) Recipient understands that although each Contributor +grants the licenses to its Contributions set forth herein, no assurances +are provided by any Contributor that the Program does not infringe the +patent or other intellectual property rights of any other entity. Each +Contributor disclaims any liability to Recipient for claims brought by +any other entity based on infringement of intellectual property rights +or otherwise. As a condition to exercising the rights and licenses +granted hereunder, each Recipient hereby assumes sole responsibility to +secure any other intellectual property rights needed, if any. For +example, if a third party patent license is required to allow Recipient +to distribute the Program, it is Recipient's responsibility to acquire +that license before distributing the Program.
-c) -Recipient understands that although each Contributor grants the licenses to its -Contributions set forth herein, no assurances are provided by any Contributor -that the Program does not infringe the patent or other intellectual property -rights of any other entity. Each Contributor disclaims any liability to Recipient -for claims brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the rights and -licenses granted hereunder, each Recipient hereby assumes sole responsibility -to secure any other intellectual property rights needed, if any. For example, -if a third party patent license is required to allow Recipient to distribute -the Program, it is Recipient's responsibility to acquire that license before -distributing the Program.
+d) Each Contributor represents that to its knowledge it +has sufficient copyright rights in its Contribution, if any, to grant +the copyright license set forth in this Agreement.
-d) -Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement.
+3. REQUIREMENTS
-3. REQUIREMENTS
+A Contributor may choose to distribute the Program in object code +form under its own license agreement, provided that:
-A Contributor may choose to distribute the -Program in object code form under its own license agreement, provided that: -
+a) it complies with the terms and conditions of this +Agreement; and
-a) -it complies with the terms and conditions of this Agreement; and
+b) its license agreement:
-b) -its license agreement:
+i) effectively disclaims on behalf of all Contributors +all warranties and conditions, express and implied, including warranties +or conditions of title and non-infringement, and implied warranties or +conditions of merchantability and fitness for a particular purpose;
-i) -effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose;
+ii) effectively excludes on behalf of all Contributors +all liability for damages, including direct, indirect, special, +incidental and consequential damages, such as lost profits;
-ii) -effectively excludes on behalf of all Contributors all liability for damages, -including direct, indirect, special, incidental and consequential damages, such -as lost profits;
+iii) states that any provisions which differ from this +Agreement are offered by that Contributor alone and not by any other +party; and
-iii) -states that any provisions which differ from this Agreement are offered by that -Contributor alone and not by any other party; and
+iv) states that source code for the Program is available +from such Contributor, and informs licensees how to obtain it in a +reasonable manner on or through a medium customarily used for software +exchange.
-iv) -states that source code for the Program is available from such Contributor, and -informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange.
+When the Program is made available in source code form:
-When the Program is made available in source -code form:
+a) it must be made available under this Agreement; and
-a) -it must be made available under this Agreement; and
+b) a copy of this Agreement must be included with each +copy of the Program.
-b) a -copy of this Agreement must be included with each copy of the Program.
+Contributors may not remove or alter any copyright notices contained +within the Program.
-Contributors may not remove or alter any -copyright notices contained within the Program.
+Each Contributor must identify itself as the originator of its +Contribution, if any, in a manner that reasonably allows subsequent +Recipients to identify the originator of the Contribution.
-Each Contributor must identify itself as the -originator of its Contribution, if any, in a manner that reasonably allows -subsequent Recipients to identify the originator of the Contribution.
+4. COMMERCIAL DISTRIBUTION
-4. COMMERCIAL DISTRIBUTION
+Commercial distributors of software may accept certain +responsibilities with respect to end users, business partners and the +like. While this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and +indemnify every other Contributor ("Indemnified Contributor") +against any losses, damages and costs (collectively "Losses") +arising from claims, lawsuits and other legal actions brought by a third +party against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection with its +distribution of the Program in a commercial product offering. The +obligations in this section do not apply to any claims or Losses +relating to any actual or alleged intellectual property infringement. In +order to qualify, an Indemnified Contributor must: a) promptly notify +the Commercial Contributor in writing of such claim, and b) allow the +Commercial Contributor to control, and cooperate with the Commercial +Contributor in, the defense and any related settlement negotiations. The +Indemnified Contributor may participate in any such claim at its own +expense.
-Commercial distributors of software may -accept certain responsibilities with respect to end users, business partners -and the like. While this license is intended to facilitate the commercial use -of the Program, the Contributor who includes the Program in a commercial -product offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes the -Program in a commercial product offering, such Contributor ("Commercial -Contributor") hereby agrees to defend and indemnify every other -Contributor ("Indemnified Contributor") against any losses, damages and -costs (collectively "Losses") arising from claims, lawsuits and other -legal actions brought by a third party against the Indemnified Contributor to -the extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may participate -in any such claim at its own expense.
+For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any other +Contributor to pay any damages as a result, the Commercial Contributor +must pay those damages.
-For example, a Contributor might include the -Program in a commercial product offering, Product X. That Contributor is then a -Commercial Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance claims and -warranties are such Commercial Contributor's responsibility alone. Under this -section, the Commercial Contributor would have to defend claims against the -other Contributors related to those performance claims and warranties, and if a -court requires any other Contributor to pay any damages as a result, the -Commercial Contributor must pay those damages.
+5. NO WARRANTY
-5. NO WARRANTY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, +ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely +responsible for determining the appropriateness of using and +distributing the Program and assumes all risks associated with its +exercise of rights under this Agreement , including but not limited to +the risks and costs of program errors, compliance with applicable laws, +damage to or loss of data, programs or equipment, and unavailability or +interruption of operations.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT -WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, -WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and distributing the -Program and assumes all risks associated with its exercise of rights under this -Agreement , including but not limited to the risks and costs of program errors, -compliance with applicable laws, damage to or loss of data, programs or -equipment, and unavailability or interruption of operations.
+6. DISCLAIMER OF LIABILITY
-6. DISCLAIMER OF LIABILITY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT +NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY -OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF -THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF -THE POSSIBILITY OF SUCH DAMAGES.
+7. GENERAL
-7. GENERAL
+If any provision of this Agreement is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this Agreement, and without further action +by the parties hereto, such provision shall be reformed to the minimum +extent necessary to make such provision valid and enforceable.
-If any provision of this Agreement is invalid -or unenforceable under applicable law, it shall not affect the validity or -enforceability of the remainder of the terms of this Agreement, and without -further action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable.
+If Recipient institutes patent litigation against any entity +(including a cross-claim or counterclaim in a lawsuit) alleging that the +Program itself (excluding combinations of the Program with other +software or hardware) infringes such Recipient's patent(s), then such +Recipient's rights granted under Section 2(b) shall terminate as of the +date such litigation is filed.
-If Recipient institutes patent litigation -against any entity (including a cross-claim or counterclaim in a lawsuit) -alleging that the Program itself (excluding combinations of the Program with -other software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of the date -such litigation is filed.
- -All Recipient's rights under this Agreement
-shall terminate if it fails to comply with any of the material terms or
-conditions of this Agreement and does not cure such failure in a reasonable
-period of time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use and
+ All Recipient's rights under this Agreement shall terminate if it
+fails to comply with any of the material terms or conditions of this
+Agreement and does not cure such failure in a reasonable period of time
+after becoming aware of such noncompliance. If all Recipient's rights
+under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
-Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute -copies of this Agreement, but in order to avoid inconsistency the Agreement is -copyrighted and may only be modified in the following manner. The Agreement -Steward reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement Steward has -the right to modify this Agreement. The Eclipse Foundation is the initial -Agreement Steward. The Eclipse Foundation may assign the responsibility to -serve as the Agreement Steward to a suitable separate entity. Each new version -of the Agreement will be given a distinguishing version number. The Program -(including Contributions) may always be distributed subject to the version of -the Agreement under which it was received. In addition, after a new version of -the Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as expressly stated -in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to -the intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved.
+Everyone is permitted to copy and distribute copies of this +Agreement, but in order to avoid inconsistency the Agreement is +copyrighted and may only be modified in the following manner. The +Agreement Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other than the +Agreement Steward has the right to modify this Agreement. The Eclipse +Foundation is the initial Agreement Steward. The Eclipse Foundation may +assign the responsibility to serve as the Agreement Steward to a +suitable separate entity. Each new version of the Agreement will be +given a distinguishing version number. The Program (including +Contributions) may always be distributed subject to the version of the +Agreement under which it was received. In addition, after a new version +of the Agreement is published, Contributor may elect to distribute the +Program (including its Contributions) under the new version. Except as +expressly stated in Sections 2(a) and 2(b) above, Recipient receives no +rights or licenses to the intellectual property of any Contributor under +this Agreement, whether expressly, by implication, estoppel or +otherwise. All rights in the Program not expressly granted under this +Agreement are reserved.
-This Agreement is governed by the laws of the -State of New York and the intellectual property laws of the United States of -America. No party to this Agreement will bring a legal action under this -Agreement more than one year after the cause of action arose. Each party waives -its rights to a jury trial in any resulting litigation.
+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.
-
Eclipse Public License - v 1.0 -
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER -THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, -REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE -OF THIS AGREEMENT.
+ -1. DEFINITIONS
+Eclipse Public License - v 1.0
-"Contribution" means:
+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.
-a)
-in the case of the initial Contributor, the initial code and documentation
-distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
1. DEFINITIONS
-i) -changes to the Program, and
+"Contribution" means:
-ii) -additions to the Program;
+a) in the case of the initial Contributor, the initial +code and documentation distributed under this Agreement, and
+b) in the case of each subsequent Contributor:
+i) changes to the Program, and
+ii) additions to the Program;
+where such changes and/or additions to the Program +originate from and are distributed by that particular Contributor. A +Contribution 'originates' from a Contributor if it was added to the +Program by such Contributor itself or anyone acting on such +Contributor's behalf. Contributions do not include additions to the +Program which: (i) are separate modules of software distributed in +conjunction with the Program under their own license agreement, and (ii) +are not derivative works of the Program.
-where -such changes and/or additions to the Program originate from and are distributed -by that particular Contributor. A Contribution 'originates' from a Contributor -if it was added to the Program by such Contributor itself or anyone acting on -such Contributor's behalf. Contributions do not include additions to the -Program which: (i) are separate modules of software distributed in conjunction -with the Program under their own license agreement, and (ii) are not derivative -works of the Program.
+"Contributor" means any person or entity that distributes +the Program.
-"Contributor" means any person or -entity that distributes the Program.
+"Licensed Patents" mean patent claims licensable by a +Contributor which are necessarily infringed by the use or sale of its +Contribution alone or when combined with the Program.
-"Licensed Patents " mean patent -claims licensable by a Contributor which are necessarily infringed by the use -or sale of its Contribution alone or when combined with the Program.
+"Program" means the Contributions distributed in accordance +with this Agreement.
-"Program" means the Contributions -distributed in accordance with this Agreement.
+"Recipient" means anyone who receives the Program under +this Agreement, including all Contributors.
-"Recipient" means anyone who -receives the Program under this Agreement, including all Contributors.
+2. GRANT OF RIGHTS
-2. GRANT OF RIGHTS
+a) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free copyright license to reproduce, prepare derivative works +of, publicly display, publicly perform, distribute and sublicense the +Contribution of such Contributor, if any, and such derivative works, in +source code and object code form.
-a) -Subject to the terms of this Agreement, each Contributor hereby grants Recipient -a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly -display, publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and object code -form.
+b) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free patent license under Licensed Patents to make, use, sell, +offer to sell, import and otherwise transfer the Contribution of such +Contributor, if any, in source code and object code form. This patent +license shall apply to the combination of the Contribution and the +Program if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to be covered +by the Licensed Patents. The patent license shall not apply to any other +combinations which include the Contribution. No hardware per se is +licensed hereunder.
-b) -Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free -patent license under Licensed Patents to make, use, sell, offer to sell, import -and otherwise transfer the Contribution of such Contributor, if any, in source -code and object code form. This patent license shall apply to the combination -of the Contribution and the Program if, at the time the Contribution is added -by the Contributor, such addition of the Contribution causes such combination -to be covered by the Licensed Patents. The patent license shall not apply to -any other combinations which include the Contribution. No hardware per se is -licensed hereunder.
+c) Recipient understands that although each Contributor +grants the licenses to its Contributions set forth herein, no assurances +are provided by any Contributor that the Program does not infringe the +patent or other intellectual property rights of any other entity. Each +Contributor disclaims any liability to Recipient for claims brought by +any other entity based on infringement of intellectual property rights +or otherwise. As a condition to exercising the rights and licenses +granted hereunder, each Recipient hereby assumes sole responsibility to +secure any other intellectual property rights needed, if any. For +example, if a third party patent license is required to allow Recipient +to distribute the Program, it is Recipient's responsibility to acquire +that license before distributing the Program.
-c) -Recipient understands that although each Contributor grants the licenses to its -Contributions set forth herein, no assurances are provided by any Contributor -that the Program does not infringe the patent or other intellectual property -rights of any other entity. Each Contributor disclaims any liability to Recipient -for claims brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the rights and -licenses granted hereunder, each Recipient hereby assumes sole responsibility -to secure any other intellectual property rights needed, if any. For example, -if a third party patent license is required to allow Recipient to distribute -the Program, it is Recipient's responsibility to acquire that license before -distributing the Program.
+d) Each Contributor represents that to its knowledge it +has sufficient copyright rights in its Contribution, if any, to grant +the copyright license set forth in this Agreement.
-d) -Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement.
+3. REQUIREMENTS
-3. REQUIREMENTS
+A Contributor may choose to distribute the Program in object code +form under its own license agreement, provided that:
-A Contributor may choose to distribute the -Program in object code form under its own license agreement, provided that: -
+a) it complies with the terms and conditions of this +Agreement; and
-a) -it complies with the terms and conditions of this Agreement; and
+b) its license agreement:
-b) -its license agreement:
+i) effectively disclaims on behalf of all Contributors +all warranties and conditions, express and implied, including warranties +or conditions of title and non-infringement, and implied warranties or +conditions of merchantability and fitness for a particular purpose;
-i) -effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose;
+ii) effectively excludes on behalf of all Contributors +all liability for damages, including direct, indirect, special, +incidental and consequential damages, such as lost profits;
-ii) -effectively excludes on behalf of all Contributors all liability for damages, -including direct, indirect, special, incidental and consequential damages, such -as lost profits;
+iii) states that any provisions which differ from this +Agreement are offered by that Contributor alone and not by any other +party; and
-iii) -states that any provisions which differ from this Agreement are offered by that -Contributor alone and not by any other party; and
+iv) states that source code for the Program is available +from such Contributor, and informs licensees how to obtain it in a +reasonable manner on or through a medium customarily used for software +exchange.
-iv) -states that source code for the Program is available from such Contributor, and -informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange.
+When the Program is made available in source code form:
-When the Program is made available in source -code form:
+a) it must be made available under this Agreement; and
-a) -it must be made available under this Agreement; and
+b) a copy of this Agreement must be included with each +copy of the Program.
-b) a -copy of this Agreement must be included with each copy of the Program.
+Contributors may not remove or alter any copyright notices contained +within the Program.
-Contributors may not remove or alter any -copyright notices contained within the Program.
+Each Contributor must identify itself as the originator of its +Contribution, if any, in a manner that reasonably allows subsequent +Recipients to identify the originator of the Contribution.
-Each Contributor must identify itself as the -originator of its Contribution, if any, in a manner that reasonably allows -subsequent Recipients to identify the originator of the Contribution.
+4. COMMERCIAL DISTRIBUTION
-4. COMMERCIAL DISTRIBUTION
+Commercial distributors of software may accept certain +responsibilities with respect to end users, business partners and the +like. While this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and +indemnify every other Contributor ("Indemnified Contributor") +against any losses, damages and costs (collectively "Losses") +arising from claims, lawsuits and other legal actions brought by a third +party against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection with its +distribution of the Program in a commercial product offering. The +obligations in this section do not apply to any claims or Losses +relating to any actual or alleged intellectual property infringement. In +order to qualify, an Indemnified Contributor must: a) promptly notify +the Commercial Contributor in writing of such claim, and b) allow the +Commercial Contributor to control, and cooperate with the Commercial +Contributor in, the defense and any related settlement negotiations. The +Indemnified Contributor may participate in any such claim at its own +expense.
-Commercial distributors of software may -accept certain responsibilities with respect to end users, business partners -and the like. While this license is intended to facilitate the commercial use -of the Program, the Contributor who includes the Program in a commercial -product offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes the -Program in a commercial product offering, such Contributor ("Commercial -Contributor") hereby agrees to defend and indemnify every other -Contributor ("Indemnified Contributor") against any losses, damages and -costs (collectively "Losses") arising from claims, lawsuits and other -legal actions brought by a third party against the Indemnified Contributor to -the extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may participate -in any such claim at its own expense.
+For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any other +Contributor to pay any damages as a result, the Commercial Contributor +must pay those damages.
-For example, a Contributor might include the -Program in a commercial product offering, Product X. That Contributor is then a -Commercial Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance claims and -warranties are such Commercial Contributor's responsibility alone. Under this -section, the Commercial Contributor would have to defend claims against the -other Contributors related to those performance claims and warranties, and if a -court requires any other Contributor to pay any damages as a result, the -Commercial Contributor must pay those damages.
+5. NO WARRANTY
-5. NO WARRANTY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, +ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely +responsible for determining the appropriateness of using and +distributing the Program and assumes all risks associated with its +exercise of rights under this Agreement , including but not limited to +the risks and costs of program errors, compliance with applicable laws, +damage to or loss of data, programs or equipment, and unavailability or +interruption of operations.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT -WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, -WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and distributing the -Program and assumes all risks associated with its exercise of rights under this -Agreement , including but not limited to the risks and costs of program errors, -compliance with applicable laws, damage to or loss of data, programs or -equipment, and unavailability or interruption of operations.
+6. DISCLAIMER OF LIABILITY
-6. DISCLAIMER OF LIABILITY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT +NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY -OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF -THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF -THE POSSIBILITY OF SUCH DAMAGES.
+7. GENERAL
-7. GENERAL
+If any provision of this Agreement is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this Agreement, and without further action +by the parties hereto, such provision shall be reformed to the minimum +extent necessary to make such provision valid and enforceable.
-If any provision of this Agreement is invalid -or unenforceable under applicable law, it shall not affect the validity or -enforceability of the remainder of the terms of this Agreement, and without -further action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable.
+If Recipient institutes patent litigation against any entity +(including a cross-claim or counterclaim in a lawsuit) alleging that the +Program itself (excluding combinations of the Program with other +software or hardware) infringes such Recipient's patent(s), then such +Recipient's rights granted under Section 2(b) shall terminate as of the +date such litigation is filed.
-If Recipient institutes patent litigation -against any entity (including a cross-claim or counterclaim in a lawsuit) -alleging that the Program itself (excluding combinations of the Program with -other software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of the date -such litigation is filed.
- -All Recipient's rights under this Agreement
-shall terminate if it fails to comply with any of the material terms or
-conditions of this Agreement and does not cure such failure in a reasonable
-period of time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use and
+ All Recipient's rights under this Agreement shall terminate if it
+fails to comply with any of the material terms or conditions of this
+Agreement and does not cure such failure in a reasonable period of time
+after becoming aware of such noncompliance. If all Recipient's rights
+under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
-Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute -copies of this Agreement, but in order to avoid inconsistency the Agreement is -copyrighted and may only be modified in the following manner. The Agreement -Steward reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement Steward has -the right to modify this Agreement. The Eclipse Foundation is the initial -Agreement Steward. The Eclipse Foundation may assign the responsibility to -serve as the Agreement Steward to a suitable separate entity. Each new version -of the Agreement will be given a distinguishing version number. The Program -(including Contributions) may always be distributed subject to the version of -the Agreement under which it was received. In addition, after a new version of -the Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as expressly stated -in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to -the intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved.
+Everyone is permitted to copy and distribute copies of this +Agreement, but in order to avoid inconsistency the Agreement is +copyrighted and may only be modified in the following manner. The +Agreement Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other than the +Agreement Steward has the right to modify this Agreement. The Eclipse +Foundation is the initial Agreement Steward. The Eclipse Foundation may +assign the responsibility to serve as the Agreement Steward to a +suitable separate entity. Each new version of the Agreement will be +given a distinguishing version number. The Program (including +Contributions) may always be distributed subject to the version of the +Agreement under which it was received. In addition, after a new version +of the Agreement is published, Contributor may elect to distribute the +Program (including its Contributions) under the new version. Except as +expressly stated in Sections 2(a) and 2(b) above, Recipient receives no +rights or licenses to the intellectual property of any Contributor under +this Agreement, whether expressly, by implication, estoppel or +otherwise. All rights in the Program not expressly granted under this +Agreement are reserved.
-This Agreement is governed by the laws of the -State of New York and the intellectual property laws of the United States of -America. No party to this Agreement will bring a legal action under this -Agreement more than one year after the cause of action arose. Each party waives -its rights to a jury trial in any resulting litigation.
+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.
-
Eclipse Public License - v 1.0 -
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER -THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, -REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE -OF THIS AGREEMENT.
+ -1. DEFINITIONS
+Eclipse Public License - v 1.0
-"Contribution" means:
+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.
-a)
-in the case of the initial Contributor, the initial code and documentation
-distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
1. DEFINITIONS
-i) -changes to the Program, and
+"Contribution" means:
-ii) -additions to the Program;
+a) in the case of the initial Contributor, the initial +code and documentation distributed under this Agreement, and
+b) in the case of each subsequent Contributor:
+i) changes to the Program, and
+ii) additions to the Program;
+where such changes and/or additions to the Program +originate from and are distributed by that particular Contributor. A +Contribution 'originates' from a Contributor if it was added to the +Program by such Contributor itself or anyone acting on such +Contributor's behalf. Contributions do not include additions to the +Program which: (i) are separate modules of software distributed in +conjunction with the Program under their own license agreement, and (ii) +are not derivative works of the Program.
-where -such changes and/or additions to the Program originate from and are distributed -by that particular Contributor. A Contribution 'originates' from a Contributor -if it was added to the Program by such Contributor itself or anyone acting on -such Contributor's behalf. Contributions do not include additions to the -Program which: (i) are separate modules of software distributed in conjunction -with the Program under their own license agreement, and (ii) are not derivative -works of the Program.
+"Contributor" means any person or entity that distributes +the Program.
-"Contributor" means any person or -entity that distributes the Program.
+"Licensed Patents" mean patent claims licensable by a +Contributor which are necessarily infringed by the use or sale of its +Contribution alone or when combined with the Program.
-"Licensed Patents " mean patent -claims licensable by a Contributor which are necessarily infringed by the use -or sale of its Contribution alone or when combined with the Program.
+"Program" means the Contributions distributed in accordance +with this Agreement.
-"Program" means the Contributions -distributed in accordance with this Agreement.
+"Recipient" means anyone who receives the Program under +this Agreement, including all Contributors.
-"Recipient" means anyone who -receives the Program under this Agreement, including all Contributors.
+2. GRANT OF RIGHTS
-2. GRANT OF RIGHTS
+a) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free copyright license to reproduce, prepare derivative works +of, publicly display, publicly perform, distribute and sublicense the +Contribution of such Contributor, if any, and such derivative works, in +source code and object code form.
-a) -Subject to the terms of this Agreement, each Contributor hereby grants Recipient -a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly -display, publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and object code -form.
+b) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free patent license under Licensed Patents to make, use, sell, +offer to sell, import and otherwise transfer the Contribution of such +Contributor, if any, in source code and object code form. This patent +license shall apply to the combination of the Contribution and the +Program if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to be covered +by the Licensed Patents. The patent license shall not apply to any other +combinations which include the Contribution. No hardware per se is +licensed hereunder.
-b) -Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free -patent license under Licensed Patents to make, use, sell, offer to sell, import -and otherwise transfer the Contribution of such Contributor, if any, in source -code and object code form. This patent license shall apply to the combination -of the Contribution and the Program if, at the time the Contribution is added -by the Contributor, such addition of the Contribution causes such combination -to be covered by the Licensed Patents. The patent license shall not apply to -any other combinations which include the Contribution. No hardware per se is -licensed hereunder.
+c) Recipient understands that although each Contributor +grants the licenses to its Contributions set forth herein, no assurances +are provided by any Contributor that the Program does not infringe the +patent or other intellectual property rights of any other entity. Each +Contributor disclaims any liability to Recipient for claims brought by +any other entity based on infringement of intellectual property rights +or otherwise. As a condition to exercising the rights and licenses +granted hereunder, each Recipient hereby assumes sole responsibility to +secure any other intellectual property rights needed, if any. For +example, if a third party patent license is required to allow Recipient +to distribute the Program, it is Recipient's responsibility to acquire +that license before distributing the Program.
-c) -Recipient understands that although each Contributor grants the licenses to its -Contributions set forth herein, no assurances are provided by any Contributor -that the Program does not infringe the patent or other intellectual property -rights of any other entity. Each Contributor disclaims any liability to Recipient -for claims brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the rights and -licenses granted hereunder, each Recipient hereby assumes sole responsibility -to secure any other intellectual property rights needed, if any. For example, -if a third party patent license is required to allow Recipient to distribute -the Program, it is Recipient's responsibility to acquire that license before -distributing the Program.
+d) Each Contributor represents that to its knowledge it +has sufficient copyright rights in its Contribution, if any, to grant +the copyright license set forth in this Agreement.
-d) -Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement.
+3. REQUIREMENTS
-3. REQUIREMENTS
+A Contributor may choose to distribute the Program in object code +form under its own license agreement, provided that:
-A Contributor may choose to distribute the -Program in object code form under its own license agreement, provided that: -
+a) it complies with the terms and conditions of this +Agreement; and
-a) -it complies with the terms and conditions of this Agreement; and
+b) its license agreement:
-b) -its license agreement:
+i) effectively disclaims on behalf of all Contributors +all warranties and conditions, express and implied, including warranties +or conditions of title and non-infringement, and implied warranties or +conditions of merchantability and fitness for a particular purpose;
-i) -effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose;
+ii) effectively excludes on behalf of all Contributors +all liability for damages, including direct, indirect, special, +incidental and consequential damages, such as lost profits;
-ii) -effectively excludes on behalf of all Contributors all liability for damages, -including direct, indirect, special, incidental and consequential damages, such -as lost profits;
+iii) states that any provisions which differ from this +Agreement are offered by that Contributor alone and not by any other +party; and
-iii) -states that any provisions which differ from this Agreement are offered by that -Contributor alone and not by any other party; and
+iv) states that source code for the Program is available +from such Contributor, and informs licensees how to obtain it in a +reasonable manner on or through a medium customarily used for software +exchange.
-iv) -states that source code for the Program is available from such Contributor, and -informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange.
+When the Program is made available in source code form:
-When the Program is made available in source -code form:
+a) it must be made available under this Agreement; and
-a) -it must be made available under this Agreement; and
+b) a copy of this Agreement must be included with each +copy of the Program.
-b) a -copy of this Agreement must be included with each copy of the Program.
+Contributors may not remove or alter any copyright notices contained +within the Program.
-Contributors may not remove or alter any -copyright notices contained within the Program.
+Each Contributor must identify itself as the originator of its +Contribution, if any, in a manner that reasonably allows subsequent +Recipients to identify the originator of the Contribution.
-Each Contributor must identify itself as the -originator of its Contribution, if any, in a manner that reasonably allows -subsequent Recipients to identify the originator of the Contribution.
+4. COMMERCIAL DISTRIBUTION
-4. COMMERCIAL DISTRIBUTION
+Commercial distributors of software may accept certain +responsibilities with respect to end users, business partners and the +like. While this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and +indemnify every other Contributor ("Indemnified Contributor") +against any losses, damages and costs (collectively "Losses") +arising from claims, lawsuits and other legal actions brought by a third +party against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection with its +distribution of the Program in a commercial product offering. The +obligations in this section do not apply to any claims or Losses +relating to any actual or alleged intellectual property infringement. In +order to qualify, an Indemnified Contributor must: a) promptly notify +the Commercial Contributor in writing of such claim, and b) allow the +Commercial Contributor to control, and cooperate with the Commercial +Contributor in, the defense and any related settlement negotiations. The +Indemnified Contributor may participate in any such claim at its own +expense.
-Commercial distributors of software may -accept certain responsibilities with respect to end users, business partners -and the like. While this license is intended to facilitate the commercial use -of the Program, the Contributor who includes the Program in a commercial -product offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes the -Program in a commercial product offering, such Contributor ("Commercial -Contributor") hereby agrees to defend and indemnify every other -Contributor ("Indemnified Contributor") against any losses, damages and -costs (collectively "Losses") arising from claims, lawsuits and other -legal actions brought by a third party against the Indemnified Contributor to -the extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may participate -in any such claim at its own expense.
+For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any other +Contributor to pay any damages as a result, the Commercial Contributor +must pay those damages.
-For example, a Contributor might include the -Program in a commercial product offering, Product X. That Contributor is then a -Commercial Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance claims and -warranties are such Commercial Contributor's responsibility alone. Under this -section, the Commercial Contributor would have to defend claims against the -other Contributors related to those performance claims and warranties, and if a -court requires any other Contributor to pay any damages as a result, the -Commercial Contributor must pay those damages.
+5. NO WARRANTY
-5. NO WARRANTY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, +ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely +responsible for determining the appropriateness of using and +distributing the Program and assumes all risks associated with its +exercise of rights under this Agreement , including but not limited to +the risks and costs of program errors, compliance with applicable laws, +damage to or loss of data, programs or equipment, and unavailability or +interruption of operations.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT -WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, -WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and distributing the -Program and assumes all risks associated with its exercise of rights under this -Agreement , including but not limited to the risks and costs of program errors, -compliance with applicable laws, damage to or loss of data, programs or -equipment, and unavailability or interruption of operations.
+6. DISCLAIMER OF LIABILITY
-6. DISCLAIMER OF LIABILITY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT +NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY -OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF -THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF -THE POSSIBILITY OF SUCH DAMAGES.
+7. GENERAL
-7. GENERAL
+If any provision of this Agreement is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this Agreement, and without further action +by the parties hereto, such provision shall be reformed to the minimum +extent necessary to make such provision valid and enforceable.
-If any provision of this Agreement is invalid -or unenforceable under applicable law, it shall not affect the validity or -enforceability of the remainder of the terms of this Agreement, and without -further action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable.
+If Recipient institutes patent litigation against any entity +(including a cross-claim or counterclaim in a lawsuit) alleging that the +Program itself (excluding combinations of the Program with other +software or hardware) infringes such Recipient's patent(s), then such +Recipient's rights granted under Section 2(b) shall terminate as of the +date such litigation is filed.
-If Recipient institutes patent litigation -against any entity (including a cross-claim or counterclaim in a lawsuit) -alleging that the Program itself (excluding combinations of the Program with -other software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of the date -such litigation is filed.
- -All Recipient's rights under this Agreement
-shall terminate if it fails to comply with any of the material terms or
-conditions of this Agreement and does not cure such failure in a reasonable
-period of time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use and
+ All Recipient's rights under this Agreement shall terminate if it
+fails to comply with any of the material terms or conditions of this
+Agreement and does not cure such failure in a reasonable period of time
+after becoming aware of such noncompliance. If all Recipient's rights
+under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
-Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute -copies of this Agreement, but in order to avoid inconsistency the Agreement is -copyrighted and may only be modified in the following manner. The Agreement -Steward reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement Steward has -the right to modify this Agreement. The Eclipse Foundation is the initial -Agreement Steward. The Eclipse Foundation may assign the responsibility to -serve as the Agreement Steward to a suitable separate entity. Each new version -of the Agreement will be given a distinguishing version number. The Program -(including Contributions) may always be distributed subject to the version of -the Agreement under which it was received. In addition, after a new version of -the Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as expressly stated -in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to -the intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved.
+Everyone is permitted to copy and distribute copies of this +Agreement, but in order to avoid inconsistency the Agreement is +copyrighted and may only be modified in the following manner. The +Agreement Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other than the +Agreement Steward has the right to modify this Agreement. The Eclipse +Foundation is the initial Agreement Steward. The Eclipse Foundation may +assign the responsibility to serve as the Agreement Steward to a +suitable separate entity. Each new version of the Agreement will be +given a distinguishing version number. The Program (including +Contributions) may always be distributed subject to the version of the +Agreement under which it was received. In addition, after a new version +of the Agreement is published, Contributor may elect to distribute the +Program (including its Contributions) under the new version. Except as +expressly stated in Sections 2(a) and 2(b) above, Recipient receives no +rights or licenses to the intellectual property of any Contributor under +this Agreement, whether expressly, by implication, estoppel or +otherwise. All rights in the Program not expressly granted under this +Agreement are reserved.
-This Agreement is governed by the laws of the -State of New York and the intellectual property laws of the United States of -America. No party to this Agreement will bring a legal action under this -Agreement more than one year after the cause of action arose. Each party waives -its rights to a jury trial in any resulting litigation.
+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.
-
Eclipse Public License - v 1.0 -
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER -THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, -REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE -OF THIS AGREEMENT.
+ -1. DEFINITIONS
+Eclipse Public License - v 1.0
-"Contribution" means:
+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.
-a)
-in the case of the initial Contributor, the initial code and documentation
-distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
1. DEFINITIONS
-i) -changes to the Program, and
+"Contribution" means:
-ii) -additions to the Program;
+a) in the case of the initial Contributor, the initial +code and documentation distributed under this Agreement, and
+b) in the case of each subsequent Contributor:
+i) changes to the Program, and
+ii) additions to the Program;
+where such changes and/or additions to the Program +originate from and are distributed by that particular Contributor. A +Contribution 'originates' from a Contributor if it was added to the +Program by such Contributor itself or anyone acting on such +Contributor's behalf. Contributions do not include additions to the +Program which: (i) are separate modules of software distributed in +conjunction with the Program under their own license agreement, and (ii) +are not derivative works of the Program.
-where -such changes and/or additions to the Program originate from and are distributed -by that particular Contributor. A Contribution 'originates' from a Contributor -if it was added to the Program by such Contributor itself or anyone acting on -such Contributor's behalf. Contributions do not include additions to the -Program which: (i) are separate modules of software distributed in conjunction -with the Program under their own license agreement, and (ii) are not derivative -works of the Program.
+"Contributor" means any person or entity that distributes +the Program.
-"Contributor" means any person or -entity that distributes the Program.
+"Licensed Patents" mean patent claims licensable by a +Contributor which are necessarily infringed by the use or sale of its +Contribution alone or when combined with the Program.
-"Licensed Patents " mean patent -claims licensable by a Contributor which are necessarily infringed by the use -or sale of its Contribution alone or when combined with the Program.
+"Program" means the Contributions distributed in accordance +with this Agreement.
-"Program" means the Contributions -distributed in accordance with this Agreement.
+"Recipient" means anyone who receives the Program under +this Agreement, including all Contributors.
-"Recipient" means anyone who -receives the Program under this Agreement, including all Contributors.
+2. GRANT OF RIGHTS
-2. GRANT OF RIGHTS
+a) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free copyright license to reproduce, prepare derivative works +of, publicly display, publicly perform, distribute and sublicense the +Contribution of such Contributor, if any, and such derivative works, in +source code and object code form.
-a) -Subject to the terms of this Agreement, each Contributor hereby grants Recipient -a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly -display, publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and object code -form.
+b) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free patent license under Licensed Patents to make, use, sell, +offer to sell, import and otherwise transfer the Contribution of such +Contributor, if any, in source code and object code form. This patent +license shall apply to the combination of the Contribution and the +Program if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to be covered +by the Licensed Patents. The patent license shall not apply to any other +combinations which include the Contribution. No hardware per se is +licensed hereunder.
-b) -Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free -patent license under Licensed Patents to make, use, sell, offer to sell, import -and otherwise transfer the Contribution of such Contributor, if any, in source -code and object code form. This patent license shall apply to the combination -of the Contribution and the Program if, at the time the Contribution is added -by the Contributor, such addition of the Contribution causes such combination -to be covered by the Licensed Patents. The patent license shall not apply to -any other combinations which include the Contribution. No hardware per se is -licensed hereunder.
+c) Recipient understands that although each Contributor +grants the licenses to its Contributions set forth herein, no assurances +are provided by any Contributor that the Program does not infringe the +patent or other intellectual property rights of any other entity. Each +Contributor disclaims any liability to Recipient for claims brought by +any other entity based on infringement of intellectual property rights +or otherwise. As a condition to exercising the rights and licenses +granted hereunder, each Recipient hereby assumes sole responsibility to +secure any other intellectual property rights needed, if any. For +example, if a third party patent license is required to allow Recipient +to distribute the Program, it is Recipient's responsibility to acquire +that license before distributing the Program.
-c) -Recipient understands that although each Contributor grants the licenses to its -Contributions set forth herein, no assurances are provided by any Contributor -that the Program does not infringe the patent or other intellectual property -rights of any other entity. Each Contributor disclaims any liability to Recipient -for claims brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the rights and -licenses granted hereunder, each Recipient hereby assumes sole responsibility -to secure any other intellectual property rights needed, if any. For example, -if a third party patent license is required to allow Recipient to distribute -the Program, it is Recipient's responsibility to acquire that license before -distributing the Program.
+d) Each Contributor represents that to its knowledge it +has sufficient copyright rights in its Contribution, if any, to grant +the copyright license set forth in this Agreement.
-d) -Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement.
+3. REQUIREMENTS
-3. REQUIREMENTS
+A Contributor may choose to distribute the Program in object code +form under its own license agreement, provided that:
-A Contributor may choose to distribute the -Program in object code form under its own license agreement, provided that: -
+a) it complies with the terms and conditions of this +Agreement; and
-a) -it complies with the terms and conditions of this Agreement; and
+b) its license agreement:
-b) -its license agreement:
+i) effectively disclaims on behalf of all Contributors +all warranties and conditions, express and implied, including warranties +or conditions of title and non-infringement, and implied warranties or +conditions of merchantability and fitness for a particular purpose;
-i) -effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose;
+ii) effectively excludes on behalf of all Contributors +all liability for damages, including direct, indirect, special, +incidental and consequential damages, such as lost profits;
-ii) -effectively excludes on behalf of all Contributors all liability for damages, -including direct, indirect, special, incidental and consequential damages, such -as lost profits;
+iii) states that any provisions which differ from this +Agreement are offered by that Contributor alone and not by any other +party; and
-iii) -states that any provisions which differ from this Agreement are offered by that -Contributor alone and not by any other party; and
+iv) states that source code for the Program is available +from such Contributor, and informs licensees how to obtain it in a +reasonable manner on or through a medium customarily used for software +exchange.
-iv) -states that source code for the Program is available from such Contributor, and -informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange.
+When the Program is made available in source code form:
-When the Program is made available in source -code form:
+a) it must be made available under this Agreement; and
-a) -it must be made available under this Agreement; and
+b) a copy of this Agreement must be included with each +copy of the Program.
-b) a -copy of this Agreement must be included with each copy of the Program.
+Contributors may not remove or alter any copyright notices contained +within the Program.
-Contributors may not remove or alter any -copyright notices contained within the Program.
+Each Contributor must identify itself as the originator of its +Contribution, if any, in a manner that reasonably allows subsequent +Recipients to identify the originator of the Contribution.
-Each Contributor must identify itself as the -originator of its Contribution, if any, in a manner that reasonably allows -subsequent Recipients to identify the originator of the Contribution.
+4. COMMERCIAL DISTRIBUTION
-4. COMMERCIAL DISTRIBUTION
+Commercial distributors of software may accept certain +responsibilities with respect to end users, business partners and the +like. While this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and +indemnify every other Contributor ("Indemnified Contributor") +against any losses, damages and costs (collectively "Losses") +arising from claims, lawsuits and other legal actions brought by a third +party against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection with its +distribution of the Program in a commercial product offering. The +obligations in this section do not apply to any claims or Losses +relating to any actual or alleged intellectual property infringement. In +order to qualify, an Indemnified Contributor must: a) promptly notify +the Commercial Contributor in writing of such claim, and b) allow the +Commercial Contributor to control, and cooperate with the Commercial +Contributor in, the defense and any related settlement negotiations. The +Indemnified Contributor may participate in any such claim at its own +expense.
-Commercial distributors of software may -accept certain responsibilities with respect to end users, business partners -and the like. While this license is intended to facilitate the commercial use -of the Program, the Contributor who includes the Program in a commercial -product offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes the -Program in a commercial product offering, such Contributor ("Commercial -Contributor") hereby agrees to defend and indemnify every other -Contributor ("Indemnified Contributor") against any losses, damages and -costs (collectively "Losses") arising from claims, lawsuits and other -legal actions brought by a third party against the Indemnified Contributor to -the extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may participate -in any such claim at its own expense.
+For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any other +Contributor to pay any damages as a result, the Commercial Contributor +must pay those damages.
-For example, a Contributor might include the -Program in a commercial product offering, Product X. That Contributor is then a -Commercial Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance claims and -warranties are such Commercial Contributor's responsibility alone. Under this -section, the Commercial Contributor would have to defend claims against the -other Contributors related to those performance claims and warranties, and if a -court requires any other Contributor to pay any damages as a result, the -Commercial Contributor must pay those damages.
+5. NO WARRANTY
-5. NO WARRANTY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, +ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely +responsible for determining the appropriateness of using and +distributing the Program and assumes all risks associated with its +exercise of rights under this Agreement , including but not limited to +the risks and costs of program errors, compliance with applicable laws, +damage to or loss of data, programs or equipment, and unavailability or +interruption of operations.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT -WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, -WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and distributing the -Program and assumes all risks associated with its exercise of rights under this -Agreement , including but not limited to the risks and costs of program errors, -compliance with applicable laws, damage to or loss of data, programs or -equipment, and unavailability or interruption of operations.
+6. DISCLAIMER OF LIABILITY
-6. DISCLAIMER OF LIABILITY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT +NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY -OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF -THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF -THE POSSIBILITY OF SUCH DAMAGES.
+7. GENERAL
-7. GENERAL
+If any provision of this Agreement is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this Agreement, and without further action +by the parties hereto, such provision shall be reformed to the minimum +extent necessary to make such provision valid and enforceable.
-If any provision of this Agreement is invalid -or unenforceable under applicable law, it shall not affect the validity or -enforceability of the remainder of the terms of this Agreement, and without -further action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable.
+If Recipient institutes patent litigation against any entity +(including a cross-claim or counterclaim in a lawsuit) alleging that the +Program itself (excluding combinations of the Program with other +software or hardware) infringes such Recipient's patent(s), then such +Recipient's rights granted under Section 2(b) shall terminate as of the +date such litigation is filed.
-If Recipient institutes patent litigation -against any entity (including a cross-claim or counterclaim in a lawsuit) -alleging that the Program itself (excluding combinations of the Program with -other software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of the date -such litigation is filed.
- -All Recipient's rights under this Agreement
-shall terminate if it fails to comply with any of the material terms or
-conditions of this Agreement and does not cure such failure in a reasonable
-period of time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use and
+ All Recipient's rights under this Agreement shall terminate if it
+fails to comply with any of the material terms or conditions of this
+Agreement and does not cure such failure in a reasonable period of time
+after becoming aware of such noncompliance. If all Recipient's rights
+under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
-Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute -copies of this Agreement, but in order to avoid inconsistency the Agreement is -copyrighted and may only be modified in the following manner. The Agreement -Steward reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement Steward has -the right to modify this Agreement. The Eclipse Foundation is the initial -Agreement Steward. The Eclipse Foundation may assign the responsibility to -serve as the Agreement Steward to a suitable separate entity. Each new version -of the Agreement will be given a distinguishing version number. The Program -(including Contributions) may always be distributed subject to the version of -the Agreement under which it was received. In addition, after a new version of -the Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as expressly stated -in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to -the intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved.
+Everyone is permitted to copy and distribute copies of this +Agreement, but in order to avoid inconsistency the Agreement is +copyrighted and may only be modified in the following manner. The +Agreement Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other than the +Agreement Steward has the right to modify this Agreement. The Eclipse +Foundation is the initial Agreement Steward. The Eclipse Foundation may +assign the responsibility to serve as the Agreement Steward to a +suitable separate entity. Each new version of the Agreement will be +given a distinguishing version number. The Program (including +Contributions) may always be distributed subject to the version of the +Agreement under which it was received. In addition, after a new version +of the Agreement is published, Contributor may elect to distribute the +Program (including its Contributions) under the new version. Except as +expressly stated in Sections 2(a) and 2(b) above, Recipient receives no +rights or licenses to the intellectual property of any Contributor under +this Agreement, whether expressly, by implication, estoppel or +otherwise. All rights in the Program not expressly granted under this +Agreement are reserved.
-This Agreement is governed by the laws of the -State of New York and the intellectual property laws of the United States of -America. No party to this Agreement will bring a legal action under this -Agreement more than one year after the cause of action arose. Each party waives -its rights to a jury trial in any resulting litigation.
+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.
-
Eclipse Public License - v 1.0 -
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER -THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, -REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE -OF THIS AGREEMENT.
+ -1. DEFINITIONS
+Eclipse Public License - v 1.0
-"Contribution" means:
+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.
-a)
-in the case of the initial Contributor, the initial code and documentation
-distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
1. DEFINITIONS
-i) -changes to the Program, and
+"Contribution" means:
-ii) -additions to the Program;
+a) in the case of the initial Contributor, the initial +code and documentation distributed under this Agreement, and
+b) in the case of each subsequent Contributor:
+i) changes to the Program, and
+ii) additions to the Program;
+where such changes and/or additions to the Program +originate from and are distributed by that particular Contributor. A +Contribution 'originates' from a Contributor if it was added to the +Program by such Contributor itself or anyone acting on such +Contributor's behalf. Contributions do not include additions to the +Program which: (i) are separate modules of software distributed in +conjunction with the Program under their own license agreement, and (ii) +are not derivative works of the Program.
-where -such changes and/or additions to the Program originate from and are distributed -by that particular Contributor. A Contribution 'originates' from a Contributor -if it was added to the Program by such Contributor itself or anyone acting on -such Contributor's behalf. Contributions do not include additions to the -Program which: (i) are separate modules of software distributed in conjunction -with the Program under their own license agreement, and (ii) are not derivative -works of the Program.
+"Contributor" means any person or entity that distributes +the Program.
-"Contributor" means any person or -entity that distributes the Program.
+"Licensed Patents" mean patent claims licensable by a +Contributor which are necessarily infringed by the use or sale of its +Contribution alone or when combined with the Program.
-"Licensed Patents " mean patent -claims licensable by a Contributor which are necessarily infringed by the use -or sale of its Contribution alone or when combined with the Program.
+"Program" means the Contributions distributed in accordance +with this Agreement.
-"Program" means the Contributions -distributed in accordance with this Agreement.
+"Recipient" means anyone who receives the Program under +this Agreement, including all Contributors.
-"Recipient" means anyone who -receives the Program under this Agreement, including all Contributors.
+2. GRANT OF RIGHTS
-2. GRANT OF RIGHTS
+a) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free copyright license to reproduce, prepare derivative works +of, publicly display, publicly perform, distribute and sublicense the +Contribution of such Contributor, if any, and such derivative works, in +source code and object code form.
-a) -Subject to the terms of this Agreement, each Contributor hereby grants Recipient -a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly -display, publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and object code -form.
+b) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free patent license under Licensed Patents to make, use, sell, +offer to sell, import and otherwise transfer the Contribution of such +Contributor, if any, in source code and object code form. This patent +license shall apply to the combination of the Contribution and the +Program if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to be covered +by the Licensed Patents. The patent license shall not apply to any other +combinations which include the Contribution. No hardware per se is +licensed hereunder.
-b) -Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free -patent license under Licensed Patents to make, use, sell, offer to sell, import -and otherwise transfer the Contribution of such Contributor, if any, in source -code and object code form. This patent license shall apply to the combination -of the Contribution and the Program if, at the time the Contribution is added -by the Contributor, such addition of the Contribution causes such combination -to be covered by the Licensed Patents. The patent license shall not apply to -any other combinations which include the Contribution. No hardware per se is -licensed hereunder.
+c) Recipient understands that although each Contributor +grants the licenses to its Contributions set forth herein, no assurances +are provided by any Contributor that the Program does not infringe the +patent or other intellectual property rights of any other entity. Each +Contributor disclaims any liability to Recipient for claims brought by +any other entity based on infringement of intellectual property rights +or otherwise. As a condition to exercising the rights and licenses +granted hereunder, each Recipient hereby assumes sole responsibility to +secure any other intellectual property rights needed, if any. For +example, if a third party patent license is required to allow Recipient +to distribute the Program, it is Recipient's responsibility to acquire +that license before distributing the Program.
-c) -Recipient understands that although each Contributor grants the licenses to its -Contributions set forth herein, no assurances are provided by any Contributor -that the Program does not infringe the patent or other intellectual property -rights of any other entity. Each Contributor disclaims any liability to Recipient -for claims brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the rights and -licenses granted hereunder, each Recipient hereby assumes sole responsibility -to secure any other intellectual property rights needed, if any. For example, -if a third party patent license is required to allow Recipient to distribute -the Program, it is Recipient's responsibility to acquire that license before -distributing the Program.
+d) Each Contributor represents that to its knowledge it +has sufficient copyright rights in its Contribution, if any, to grant +the copyright license set forth in this Agreement.
-d) -Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement.
+3. REQUIREMENTS
-3. REQUIREMENTS
+A Contributor may choose to distribute the Program in object code +form under its own license agreement, provided that:
-A Contributor may choose to distribute the -Program in object code form under its own license agreement, provided that: -
+a) it complies with the terms and conditions of this +Agreement; and
-a) -it complies with the terms and conditions of this Agreement; and
+b) its license agreement:
-b) -its license agreement:
+i) effectively disclaims on behalf of all Contributors +all warranties and conditions, express and implied, including warranties +or conditions of title and non-infringement, and implied warranties or +conditions of merchantability and fitness for a particular purpose;
-i) -effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose;
+ii) effectively excludes on behalf of all Contributors +all liability for damages, including direct, indirect, special, +incidental and consequential damages, such as lost profits;
-ii) -effectively excludes on behalf of all Contributors all liability for damages, -including direct, indirect, special, incidental and consequential damages, such -as lost profits;
+iii) states that any provisions which differ from this +Agreement are offered by that Contributor alone and not by any other +party; and
-iii) -states that any provisions which differ from this Agreement are offered by that -Contributor alone and not by any other party; and
+iv) states that source code for the Program is available +from such Contributor, and informs licensees how to obtain it in a +reasonable manner on or through a medium customarily used for software +exchange.
-iv) -states that source code for the Program is available from such Contributor, and -informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange.
+When the Program is made available in source code form:
-When the Program is made available in source -code form:
+a) it must be made available under this Agreement; and
-a) -it must be made available under this Agreement; and
+b) a copy of this Agreement must be included with each +copy of the Program.
-b) a -copy of this Agreement must be included with each copy of the Program.
+Contributors may not remove or alter any copyright notices contained +within the Program.
-Contributors may not remove or alter any -copyright notices contained within the Program.
+Each Contributor must identify itself as the originator of its +Contribution, if any, in a manner that reasonably allows subsequent +Recipients to identify the originator of the Contribution.
-Each Contributor must identify itself as the -originator of its Contribution, if any, in a manner that reasonably allows -subsequent Recipients to identify the originator of the Contribution.
+4. COMMERCIAL DISTRIBUTION
-4. COMMERCIAL DISTRIBUTION
+Commercial distributors of software may accept certain +responsibilities with respect to end users, business partners and the +like. While this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and +indemnify every other Contributor ("Indemnified Contributor") +against any losses, damages and costs (collectively "Losses") +arising from claims, lawsuits and other legal actions brought by a third +party against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection with its +distribution of the Program in a commercial product offering. The +obligations in this section do not apply to any claims or Losses +relating to any actual or alleged intellectual property infringement. In +order to qualify, an Indemnified Contributor must: a) promptly notify +the Commercial Contributor in writing of such claim, and b) allow the +Commercial Contributor to control, and cooperate with the Commercial +Contributor in, the defense and any related settlement negotiations. The +Indemnified Contributor may participate in any such claim at its own +expense.
-Commercial distributors of software may -accept certain responsibilities with respect to end users, business partners -and the like. While this license is intended to facilitate the commercial use -of the Program, the Contributor who includes the Program in a commercial -product offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes the -Program in a commercial product offering, such Contributor ("Commercial -Contributor") hereby agrees to defend and indemnify every other -Contributor ("Indemnified Contributor") against any losses, damages and -costs (collectively "Losses") arising from claims, lawsuits and other -legal actions brought by a third party against the Indemnified Contributor to -the extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may participate -in any such claim at its own expense.
+For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any other +Contributor to pay any damages as a result, the Commercial Contributor +must pay those damages.
-For example, a Contributor might include the -Program in a commercial product offering, Product X. That Contributor is then a -Commercial Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance claims and -warranties are such Commercial Contributor's responsibility alone. Under this -section, the Commercial Contributor would have to defend claims against the -other Contributors related to those performance claims and warranties, and if a -court requires any other Contributor to pay any damages as a result, the -Commercial Contributor must pay those damages.
+5. NO WARRANTY
-5. NO WARRANTY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, +ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely +responsible for determining the appropriateness of using and +distributing the Program and assumes all risks associated with its +exercise of rights under this Agreement , including but not limited to +the risks and costs of program errors, compliance with applicable laws, +damage to or loss of data, programs or equipment, and unavailability or +interruption of operations.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT -WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, -WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and distributing the -Program and assumes all risks associated with its exercise of rights under this -Agreement , including but not limited to the risks and costs of program errors, -compliance with applicable laws, damage to or loss of data, programs or -equipment, and unavailability or interruption of operations.
+6. DISCLAIMER OF LIABILITY
-6. DISCLAIMER OF LIABILITY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT +NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY -OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF -THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF -THE POSSIBILITY OF SUCH DAMAGES.
+7. GENERAL
-7. GENERAL
+If any provision of this Agreement is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this Agreement, and without further action +by the parties hereto, such provision shall be reformed to the minimum +extent necessary to make such provision valid and enforceable.
-If any provision of this Agreement is invalid -or unenforceable under applicable law, it shall not affect the validity or -enforceability of the remainder of the terms of this Agreement, and without -further action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable.
+If Recipient institutes patent litigation against any entity +(including a cross-claim or counterclaim in a lawsuit) alleging that the +Program itself (excluding combinations of the Program with other +software or hardware) infringes such Recipient's patent(s), then such +Recipient's rights granted under Section 2(b) shall terminate as of the +date such litigation is filed.
-If Recipient institutes patent litigation -against any entity (including a cross-claim or counterclaim in a lawsuit) -alleging that the Program itself (excluding combinations of the Program with -other software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of the date -such litigation is filed.
- -All Recipient's rights under this Agreement
-shall terminate if it fails to comply with any of the material terms or
-conditions of this Agreement and does not cure such failure in a reasonable
-period of time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use and
+ All Recipient's rights under this Agreement shall terminate if it
+fails to comply with any of the material terms or conditions of this
+Agreement and does not cure such failure in a reasonable period of time
+after becoming aware of such noncompliance. If all Recipient's rights
+under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
-Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute -copies of this Agreement, but in order to avoid inconsistency the Agreement is -copyrighted and may only be modified in the following manner. The Agreement -Steward reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement Steward has -the right to modify this Agreement. The Eclipse Foundation is the initial -Agreement Steward. The Eclipse Foundation may assign the responsibility to -serve as the Agreement Steward to a suitable separate entity. Each new version -of the Agreement will be given a distinguishing version number. The Program -(including Contributions) may always be distributed subject to the version of -the Agreement under which it was received. In addition, after a new version of -the Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as expressly stated -in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to -the intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved.
+Everyone is permitted to copy and distribute copies of this +Agreement, but in order to avoid inconsistency the Agreement is +copyrighted and may only be modified in the following manner. The +Agreement Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other than the +Agreement Steward has the right to modify this Agreement. The Eclipse +Foundation is the initial Agreement Steward. The Eclipse Foundation may +assign the responsibility to serve as the Agreement Steward to a +suitable separate entity. Each new version of the Agreement will be +given a distinguishing version number. The Program (including +Contributions) may always be distributed subject to the version of the +Agreement under which it was received. In addition, after a new version +of the Agreement is published, Contributor may elect to distribute the +Program (including its Contributions) under the new version. Except as +expressly stated in Sections 2(a) and 2(b) above, Recipient receives no +rights or licenses to the intellectual property of any Contributor under +this Agreement, whether expressly, by implication, estoppel or +otherwise. All rights in the Program not expressly granted under this +Agreement are reserved.
-This Agreement is governed by the laws of the -State of New York and the intellectual property laws of the United States of -America. No party to this Agreement will bring a legal action under this -Agreement more than one year after the cause of action arose. Each party waives -its rights to a jury trial in any resulting litigation.
+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.
-
Eclipse Public License - v 1.0 -
+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER -THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, -REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE -OF THIS AGREEMENT.
+ -1. DEFINITIONS
+Eclipse Public License - v 1.0
-"Contribution" means:
+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.
-a)
-in the case of the initial Contributor, the initial code and documentation
-distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
1. DEFINITIONS
-i) -changes to the Program, and
+"Contribution" means:
-ii) -additions to the Program;
+a) in the case of the initial Contributor, the initial +code and documentation distributed under this Agreement, and
+b) in the case of each subsequent Contributor:
+i) changes to the Program, and
+ii) additions to the Program;
+where such changes and/or additions to the Program +originate from and are distributed by that particular Contributor. A +Contribution 'originates' from a Contributor if it was added to the +Program by such Contributor itself or anyone acting on such +Contributor's behalf. Contributions do not include additions to the +Program which: (i) are separate modules of software distributed in +conjunction with the Program under their own license agreement, and (ii) +are not derivative works of the Program.
-where -such changes and/or additions to the Program originate from and are distributed -by that particular Contributor. A Contribution 'originates' from a Contributor -if it was added to the Program by such Contributor itself or anyone acting on -such Contributor's behalf. Contributions do not include additions to the -Program which: (i) are separate modules of software distributed in conjunction -with the Program under their own license agreement, and (ii) are not derivative -works of the Program.
+"Contributor" means any person or entity that distributes +the Program.
-"Contributor" means any person or -entity that distributes the Program.
+"Licensed Patents" mean patent claims licensable by a +Contributor which are necessarily infringed by the use or sale of its +Contribution alone or when combined with the Program.
-"Licensed Patents " mean patent -claims licensable by a Contributor which are necessarily infringed by the use -or sale of its Contribution alone or when combined with the Program.
+"Program" means the Contributions distributed in accordance +with this Agreement.
-"Program" means the Contributions -distributed in accordance with this Agreement.
+"Recipient" means anyone who receives the Program under +this Agreement, including all Contributors.
-"Recipient" means anyone who -receives the Program under this Agreement, including all Contributors.
+2. GRANT OF RIGHTS
-2. GRANT OF RIGHTS
+a) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free copyright license to reproduce, prepare derivative works +of, publicly display, publicly perform, distribute and sublicense the +Contribution of such Contributor, if any, and such derivative works, in +source code and object code form.
-a) -Subject to the terms of this Agreement, each Contributor hereby grants Recipient -a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly -display, publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and object code -form.
+b) Subject to the terms of this Agreement, each +Contributor hereby grants Recipient a non-exclusive, worldwide, +royalty-free patent license under Licensed Patents to make, use, sell, +offer to sell, import and otherwise transfer the Contribution of such +Contributor, if any, in source code and object code form. This patent +license shall apply to the combination of the Contribution and the +Program if, at the time the Contribution is added by the Contributor, +such addition of the Contribution causes such combination to be covered +by the Licensed Patents. The patent license shall not apply to any other +combinations which include the Contribution. No hardware per se is +licensed hereunder.
-b) -Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free -patent license under Licensed Patents to make, use, sell, offer to sell, import -and otherwise transfer the Contribution of such Contributor, if any, in source -code and object code form. This patent license shall apply to the combination -of the Contribution and the Program if, at the time the Contribution is added -by the Contributor, such addition of the Contribution causes such combination -to be covered by the Licensed Patents. The patent license shall not apply to -any other combinations which include the Contribution. No hardware per se is -licensed hereunder.
+c) Recipient understands that although each Contributor +grants the licenses to its Contributions set forth herein, no assurances +are provided by any Contributor that the Program does not infringe the +patent or other intellectual property rights of any other entity. Each +Contributor disclaims any liability to Recipient for claims brought by +any other entity based on infringement of intellectual property rights +or otherwise. As a condition to exercising the rights and licenses +granted hereunder, each Recipient hereby assumes sole responsibility to +secure any other intellectual property rights needed, if any. For +example, if a third party patent license is required to allow Recipient +to distribute the Program, it is Recipient's responsibility to acquire +that license before distributing the Program.
-c) -Recipient understands that although each Contributor grants the licenses to its -Contributions set forth herein, no assurances are provided by any Contributor -that the Program does not infringe the patent or other intellectual property -rights of any other entity. Each Contributor disclaims any liability to Recipient -for claims brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the rights and -licenses granted hereunder, each Recipient hereby assumes sole responsibility -to secure any other intellectual property rights needed, if any. For example, -if a third party patent license is required to allow Recipient to distribute -the Program, it is Recipient's responsibility to acquire that license before -distributing the Program.
+d) Each Contributor represents that to its knowledge it +has sufficient copyright rights in its Contribution, if any, to grant +the copyright license set forth in this Agreement.
-d) -Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement.
+3. REQUIREMENTS
-3. REQUIREMENTS
+A Contributor may choose to distribute the Program in object code +form under its own license agreement, provided that:
-A Contributor may choose to distribute the -Program in object code form under its own license agreement, provided that: -
+a) it complies with the terms and conditions of this +Agreement; and
-a) -it complies with the terms and conditions of this Agreement; and
+b) its license agreement:
-b) -its license agreement:
+i) effectively disclaims on behalf of all Contributors +all warranties and conditions, express and implied, including warranties +or conditions of title and non-infringement, and implied warranties or +conditions of merchantability and fitness for a particular purpose;
-i) -effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose;
+ii) effectively excludes on behalf of all Contributors +all liability for damages, including direct, indirect, special, +incidental and consequential damages, such as lost profits;
-ii) -effectively excludes on behalf of all Contributors all liability for damages, -including direct, indirect, special, incidental and consequential damages, such -as lost profits;
+iii) states that any provisions which differ from this +Agreement are offered by that Contributor alone and not by any other +party; and
-iii) -states that any provisions which differ from this Agreement are offered by that -Contributor alone and not by any other party; and
+iv) states that source code for the Program is available +from such Contributor, and informs licensees how to obtain it in a +reasonable manner on or through a medium customarily used for software +exchange.
-iv) -states that source code for the Program is available from such Contributor, and -informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange.
+When the Program is made available in source code form:
-When the Program is made available in source -code form:
+a) it must be made available under this Agreement; and
-a) -it must be made available under this Agreement; and
+b) a copy of this Agreement must be included with each +copy of the Program.
-b) a -copy of this Agreement must be included with each copy of the Program.
+Contributors may not remove or alter any copyright notices contained +within the Program.
-Contributors may not remove or alter any -copyright notices contained within the Program.
+Each Contributor must identify itself as the originator of its +Contribution, if any, in a manner that reasonably allows subsequent +Recipients to identify the originator of the Contribution.
-Each Contributor must identify itself as the -originator of its Contribution, if any, in a manner that reasonably allows -subsequent Recipients to identify the originator of the Contribution.
+4. COMMERCIAL DISTRIBUTION
-4. COMMERCIAL DISTRIBUTION
+Commercial distributors of software may accept certain +responsibilities with respect to end users, business partners and the +like. While this license is intended to facilitate the commercial use of +the Program, the Contributor who includes the Program in a commercial +product offering should do so in a manner which does not create +potential liability for other Contributors. Therefore, if a Contributor +includes the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and +indemnify every other Contributor ("Indemnified Contributor") +against any losses, damages and costs (collectively "Losses") +arising from claims, lawsuits and other legal actions brought by a third +party against the Indemnified Contributor to the extent caused by the +acts or omissions of such Commercial Contributor in connection with its +distribution of the Program in a commercial product offering. The +obligations in this section do not apply to any claims or Losses +relating to any actual or alleged intellectual property infringement. In +order to qualify, an Indemnified Contributor must: a) promptly notify +the Commercial Contributor in writing of such claim, and b) allow the +Commercial Contributor to control, and cooperate with the Commercial +Contributor in, the defense and any related settlement negotiations. The +Indemnified Contributor may participate in any such claim at its own +expense.
-Commercial distributors of software may -accept certain responsibilities with respect to end users, business partners -and the like. While this license is intended to facilitate the commercial use -of the Program, the Contributor who includes the Program in a commercial -product offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes the -Program in a commercial product offering, such Contributor ("Commercial -Contributor") hereby agrees to defend and indemnify every other -Contributor ("Indemnified Contributor") against any losses, damages and -costs (collectively "Losses") arising from claims, lawsuits and other -legal actions brought by a third party against the Indemnified Contributor to -the extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may participate -in any such claim at its own expense.
+For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those +performance claims and warranties, and if a court requires any other +Contributor to pay any damages as a result, the Commercial Contributor +must pay those damages.
-For example, a Contributor might include the -Program in a commercial product offering, Product X. That Contributor is then a -Commercial Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance claims and -warranties are such Commercial Contributor's responsibility alone. Under this -section, the Commercial Contributor would have to defend claims against the -other Contributors related to those performance claims and warranties, and if a -court requires any other Contributor to pay any damages as a result, the -Commercial Contributor must pay those damages.
+5. NO WARRANTY
-5. NO WARRANTY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, +ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely +responsible for determining the appropriateness of using and +distributing the Program and assumes all risks associated with its +exercise of rights under this Agreement , including but not limited to +the risks and costs of program errors, compliance with applicable laws, +damage to or loss of data, programs or equipment, and unavailability or +interruption of operations.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT -WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, -WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and distributing the -Program and assumes all risks associated with its exercise of rights under this -Agreement , including but not limited to the risks and costs of program errors, -compliance with applicable laws, damage to or loss of data, programs or -equipment, and unavailability or interruption of operations.
+6. DISCLAIMER OF LIABILITY
-6. DISCLAIMER OF LIABILITY
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT +NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY -OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF -THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF -THE POSSIBILITY OF SUCH DAMAGES.
+7. GENERAL
-7. GENERAL
+If any provision of this Agreement is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this Agreement, and without further action +by the parties hereto, such provision shall be reformed to the minimum +extent necessary to make such provision valid and enforceable.
-If any provision of this Agreement is invalid -or unenforceable under applicable law, it shall not affect the validity or -enforceability of the remainder of the terms of this Agreement, and without -further action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable.
+If Recipient institutes patent litigation against any entity +(including a cross-claim or counterclaim in a lawsuit) alleging that the +Program itself (excluding combinations of the Program with other +software or hardware) infringes such Recipient's patent(s), then such +Recipient's rights granted under Section 2(b) shall terminate as of the +date such litigation is filed.
-If Recipient institutes patent litigation -against any entity (including a cross-claim or counterclaim in a lawsuit) -alleging that the Program itself (excluding combinations of the Program with -other software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of the date -such litigation is filed.
- -All Recipient's rights under this Agreement
-shall terminate if it fails to comply with any of the material terms or
-conditions of this Agreement and does not cure such failure in a reasonable
-period of time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use and
+ All Recipient's rights under this Agreement shall terminate if it
+fails to comply with any of the material terms or conditions of this
+Agreement and does not cure such failure in a reasonable period of time
+after becoming aware of such noncompliance. If all Recipient's rights
+under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses granted by
-Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute -copies of this Agreement, but in order to avoid inconsistency the Agreement is -copyrighted and may only be modified in the following manner. The Agreement -Steward reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement Steward has -the right to modify this Agreement. The Eclipse Foundation is the initial -Agreement Steward. The Eclipse Foundation may assign the responsibility to -serve as the Agreement Steward to a suitable separate entity. Each new version -of the Agreement will be given a distinguishing version number. The Program -(including Contributions) may always be distributed subject to the version of -the Agreement under which it was received. In addition, after a new version of -the Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as expressly stated -in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to -the intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved.
+Everyone is permitted to copy and distribute copies of this +Agreement, but in order to avoid inconsistency the Agreement is +copyrighted and may only be modified in the following manner. The +Agreement Steward reserves the right to publish new versions (including +revisions) of this Agreement from time to time. No one other than the +Agreement Steward has the right to modify this Agreement. The Eclipse +Foundation is the initial Agreement Steward. The Eclipse Foundation may +assign the responsibility to serve as the Agreement Steward to a +suitable separate entity. Each new version of the Agreement will be +given a distinguishing version number. The Program (including +Contributions) may always be distributed subject to the version of the +Agreement under which it was received. In addition, after a new version +of the Agreement is published, Contributor may elect to distribute the +Program (including its Contributions) under the new version. Except as +expressly stated in Sections 2(a) and 2(b) above, Recipient receives no +rights or licenses to the intellectual property of any Contributor under +this Agreement, whether expressly, by implication, estoppel or +otherwise. All rights in the Program not expressly granted under this +Agreement are reserved.
-This Agreement is governed by the laws of the -State of New York and the intellectual property laws of the United States of -America. No party to this Agreement will bring a legal action under this -Agreement more than one year after the cause of action arose. Each party waives -its rights to a jury trial in any resulting litigation.
+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.
-