All Downloads are FREE. Search and download functionalities are using the official Maven repository.

rvicemix.bundles.org.apache.servicemix.bundles.mchange-commons-java.0.3.1_1.source-code.LICENSE-EPL Maven / Gradle / Ivy

There is a newer version: 0.2.20_1
Show newest version
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

"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 
additionsto 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.





© 2015 - 2024 Weber Informatics LLC | Privacy Policy