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@@ -0,0 +1,277 @@ +Eclipse Public License - v 2.0 + + THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE + PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION + OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. + +1. DEFINITIONS + +"Contribution" means: + + a) in the case of the initial Contributor, the initial content + 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 changes or additions to the Program that + are not Modified Works. + +"Contributor" means any person or entity that Distributes the Program. + +"Licensed Patents" mean patent claims licensable by a Contributor which +are necessarily infringed by the use or sale of its Contribution alone +or when combined with the Program. + +"Program" means the Contributions Distributed in accordance with this +Agreement. + +"Recipient" means anyone who receives the Program under this Agreement +or any Secondary License (as applicable), including Contributors. + +"Derivative Works" shall mean any work, whether in Source Code or other +form, that is based on (or derived from) the Program and for which the +editorial revisions, annotations, elaborations, or other modifications +represent, as a whole, an original work of authorship. + +"Modified Works" shall mean any work in Source Code or other form that +results from an addition to, deletion from, or modification of the +contents of the Program, including, for purposes of clarity any new file +in Source Code form that contains any contents of the Program. Modified +Works shall not include works that contain only declarations, +interfaces, types, classes, structures, or files of the Program solely +in each case in order to link to, bind by name, or subclass the Program +or Modified Works thereof. + +"Distribute" means the acts of a) distributing or b) making available +in any manner that enables the transfer of a copy. + +"Source Code" means the form of a Program preferred for making +modifications, including but not limited to software source code, +documentation source, and configuration files. + +"Secondary License" means either the GNU General Public License, +Version 2.0, or any later versions of that license, including any +exceptions or additional permissions as identified by the initial +Contributor. + +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. + + 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 or other form. This patent license shall + apply to the combination of the Contribution and the Program if, at + the time the Contribution is added by the Contributor, such addition + of the Contribution causes such combination to be covered by the + Licensed Patents. The patent license shall not apply to any other + combinations which include the Contribution. No hardware per se is + licensed hereunder. + + c) Recipient understands that although each Contributor grants the + licenses to its Contributions set forth herein, no assurances are + provided by any Contributor that the Program does not infringe the + patent or other intellectual property rights of any other entity. + Each Contributor disclaims any liability to Recipient for claims + brought by any other entity based on infringement of intellectual + property rights or otherwise. As a condition to exercising the + rights and licenses granted hereunder, each Recipient hereby + assumes sole responsibility to secure any other intellectual + property rights needed, if any. For example, if a third party + patent license is required to allow Recipient to Distribute the + Program, it is Recipient's responsibility to acquire that license + before distributing the Program. + + d) Each Contributor represents that to its knowledge it has + sufficient copyright rights in its Contribution, if any, to grant + the copyright license set forth in this Agreement. + + e) Notwithstanding the terms of any Secondary License, no + Contributor makes additional grants to any Recipient (other than + those set forth in this Agreement) as a result of such Recipient's + receipt of the Program under the terms of a Secondary License + (if permitted under the terms of Section 3). + +3. REQUIREMENTS + +3.1 If a Contributor Distributes the Program in any form, then: + + a) the Program must also be made available as Source Code, in + accordance with section 3.2, and the Contributor must accompany + the Program with a statement that the Source Code for the Program + is available under this Agreement, and informs Recipients how to + obtain it in a reasonable manner on or through a medium customarily + used for software exchange; and + + b) the Contributor may Distribute the Program under a license + different than this Agreement, provided that such license: + i) effectively disclaims on behalf of all other 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 other Contributors all + liability for damages, including direct, indirect, special, + incidental and consequential damages, such as lost profits; + + iii) does not attempt to limit or alter the recipients' rights + in the Source Code under section 3.2; and + + iv) requires any subsequent distribution of the Program by any + party to be under a license that satisfies the requirements + of this section 3. + +3.2 When the Program is Distributed as Source Code: + + a) it must be made available under this Agreement, or if the + Program (i) is combined with other material in a separate file or + files made available under a Secondary License, and (ii) the initial + Contributor attached to the Source Code the notice described in + Exhibit A of this Agreement, then the Program may be made available + under the terms of such Secondary Licenses, and + + b) a copy of this Agreement must be included with each copy of + the Program. + +3.3 Contributors may not remove or alter any copyright, patent, +trademark, attribution notices, disclaimers of warranty, or limitations +of liability ("notices") contained within the Program from any copy of +the Program which they Distribute, provided that Contributors may add +their own appropriate notices. + +4. COMMERCIAL DISTRIBUTION + +Commercial distributors of software may accept certain responsibilities +with respect to end users, business partners and the like. While this +license is intended to facilitate the commercial use of the Program, +the Contributor who includes the Program in a commercial product +offering should do so in a manner which does not create potential +liability for other Contributors. Therefore, if a Contributor includes +the Program in a commercial product offering, such Contributor +("Commercial Contributor") hereby agrees to defend and indemnify every +other Contributor ("Indemnified Contributor") against any losses, +damages and costs (collectively "Losses") arising from claims, lawsuits +and other legal actions brought by a third party against the Indemnified +Contributor to the extent caused by the acts or omissions of such +Commercial Contributor in connection with its distribution of the Program +in a commercial product offering. The obligations in this section do not +apply to any claims or Losses relating to any actual or alleged +intellectual property infringement. In order to qualify, an Indemnified +Contributor must: a) promptly notify the Commercial Contributor in +writing of such claim, and b) allow the Commercial Contributor to control, +and cooperate with the Commercial Contributor in, the defense and any +related settlement negotiations. The Indemnified Contributor may +participate in any such claim at its own expense. + +For example, a Contributor might include the Program in a commercial +product offering, Product X. That Contributor is then a Commercial +Contributor. If that Commercial Contributor then makes performance +claims, or offers warranties related to Product X, those performance +claims and warranties are such Commercial Contributor's responsibility +alone. Under this section, the Commercial Contributor would have to +defend claims against the other Contributors related to those performance +claims and warranties, and if a court requires any other Contributor to +pay any damages as a result, the Commercial Contributor must pay +those damages. + +5. NO WARRANTY + +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT +PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS" +BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR +IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF +TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR +PURPOSE. Each Recipient is solely responsible for determining the +appropriateness of using and distributing the Program and assumes all +risks associated with its exercise of rights under this Agreement, +including but not limited to the risks and costs of program errors, +compliance with applicable laws, damage to or loss of data, programs +or equipment, and unavailability or interruption of operations. + +6. DISCLAIMER OF LIABILITY + +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT +PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS +SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, +EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST +PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN +CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) +ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE +EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE +POSSIBILITY OF SUCH DAMAGES. + +7. GENERAL + +If any provision of this Agreement is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this Agreement, and without further +action by the parties hereto, such provision shall be reformed to the +minimum extent necessary to make such provision valid and enforceable. + +If Recipient institutes patent litigation against any entity +(including a cross-claim or counterclaim in a lawsuit) alleging that the +Program itself (excluding combinations of the Program with other software +or hardware) infringes such Recipient's patent(s), then such Recipient's +rights granted under Section 2(b) shall terminate as of the date such +litigation is filed. + +All Recipient's rights under this Agreement shall terminate if it +fails to comply with any of the material terms or conditions of this +Agreement and does not cure such failure in a reasonable period of +time after becoming aware of such noncompliance. If all Recipient's +rights under this Agreement terminate, Recipient agrees to cease use +and distribution of the Program as soon as reasonably practicable. +However, Recipient's obligations under this Agreement and any licenses +granted by Recipient relating to the Program shall continue and survive. + +Everyone is permitted to copy and distribute copies of this Agreement, +but in order to avoid inconsistency the Agreement is copyrighted and +may only be modified in the following manner. The Agreement Steward +reserves the right to publish new versions (including revisions) of +this Agreement from time to time. No one other than the Agreement +Steward has the right to modify this Agreement. The Eclipse Foundation +is the initial Agreement Steward. The Eclipse Foundation may assign the +responsibility to serve as the Agreement Steward to a suitable separate +entity. Each new version of the Agreement will be given a distinguishing +version number. The Program (including Contributions) may always be +Distributed subject to the version of the Agreement under which it was +received. In addition, after a new version of the Agreement is published, +Contributor may elect to Distribute the Program (including its +Contributions) under the new version. + +Except as expressly stated in Sections 2(a) and 2(b) above, Recipient +receives no rights or licenses to the intellectual property of any +Contributor under this Agreement, whether expressly, by implication, +estoppel or otherwise. All rights in the Program not expressly granted +under this Agreement are reserved. Nothing in this Agreement is intended +to be enforceable by any entity that is not a Contributor or Recipient. +No third-party beneficiary rights are created under this Agreement. + +Exhibit A - Form of Secondary Licenses Notice + +"This Source Code may also be made available under the following +Secondary Licenses when the conditions for such availability set forth +in the Eclipse Public License, v. 2.0 are satisfied: {name license(s), +version(s), and exceptions or additional permissions here}." + + Simply including a copy of this Agreement, including this Exhibit A + is not sufficient to license the Source Code under Secondary Licenses. + + If it is not possible or desirable to put the notice in a particular + file, then You may include the notice in a location (such as a LICENSE + file in a relevant directory) where a recipient would be likely to + look for such a notice. + + You may add additional accurate notices of copyright ownership. |