LICENSE-c3p0.txt 11 KB

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