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META-INF.licenses.epl_v1.license.txt Maven / Gradle / Ivy

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 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.