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About
About This Content
February 4, 2014
License
Copyright (c) 2010 Fraunhofer IWU and others.
All rights reserved.
This program and the accompanying materials are made available
under
the terms of the Eclipse Public License v2.0 ("EPL").
A copy of the EPL is available at
https://www.eclipse.org/legal/epl-2.0/.
For purposes of the EPL, "Program" will mean the Content.
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
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.
"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, including all Contributors.
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.
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.
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
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
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;
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
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:
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.
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.
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, 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, 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.
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.
Third Party Content
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