Skip to content

Commit 30aaa97

Browse files
committed
replace LICENSE file
1 parent 87cdc7e commit 30aaa97

File tree

2 files changed

+204
-261
lines changed

2 files changed

+204
-261
lines changed

LICENSE

Lines changed: 204 additions & 0 deletions
Original file line numberDiff line numberDiff line change
@@ -0,0 +1,204 @@
1+
Eclipse Public License - v 1.0
2+
3+
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
4+
LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
5+
CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
6+
7+
1. DEFINITIONS
8+
9+
"Contribution" means:
10+
a) in the case of the initial Contributor, the initial code and
11+
documentation distributed under this Agreement, and
12+
b) in the case of each subsequent Contributor:
13+
i) changes to the Program, and
14+
ii) additions to the Program;
15+
16+
where such changes and/or additions to the Program originate from and are
17+
distributed by that particular Contributor. A Contribution 'originates' from a
18+
Contributor if it was added to the Program by such Contributor itself or
19+
anyone acting on such Contributor's behalf. Contributions do not include
20+
additions to the Program which: (i) are separate modules of software
21+
distributed in conjunction with the Program under their own license agreement,
22+
and (ii) are not derivative works of the Program.
23+
"Contributor" means any person or entity that distributes the Program.
24+
25+
"Licensed Patents" mean patent claims licensable by a Contributor which are
26+
necessarily infringed by the use or sale of its Contribution alone or when
27+
combined with the Program.
28+
29+
"Program" means the Contributions distributed in accordance with this
30+
Agreement.
31+
32+
"Recipient" means anyone who receives the Program under this Agreement,
33+
including all Contributors.
34+
35+
2. GRANT OF RIGHTS
36+
37+
a) Subject to the terms of this Agreement, each Contributor hereby grants
38+
Recipient a non-exclusive, worldwide, royalty-free copyright license to
39+
reproduce, prepare derivative works of, publicly display, publicly
40+
perform, distribute and sublicense the Contribution of such Contributor,
41+
if any, and such derivative works, in source code and object code form.
42+
43+
b) Subject to the terms of this Agreement, each Contributor hereby grants
44+
Recipient a non-exclusive, worldwide, royalty-free patent license under
45+
Licensed Patents to make, use, sell, offer to sell, import and otherwise
46+
transfer the Contribution of such Contributor, if any, in source code and
47+
object code form. This patent license shall apply to the combination of
48+
the Contribution and the Program if, at the time the Contribution is
49+
added by the Contributor, such addition of the Contribution causes such
50+
combination to be covered by the Licensed Patents. The patent license
51+
shall not apply to any other combinations which include the Contribution.
52+
No hardware per se is licensed hereunder.
53+
54+
c) Recipient understands that although each Contributor grants the
55+
licenses to its Contributions set forth herein, no assurances are
56+
provided by any Contributor that the Program does not infringe the patent
57+
or other intellectual property rights of any other entity. Each
58+
Contributor disclaims any liability to Recipient for claims brought by
59+
any other entity based on infringement of intellectual property rights or
60+
otherwise. As a condition to exercising the rights and licenses granted
61+
hereunder, each Recipient hereby assumes sole responsibility to secure
62+
any other intellectual property rights needed, if any. For example, if a
63+
third party patent license is required to allow Recipient to distribute
64+
the Program, it is Recipient's responsibility to acquire that license
65+
before distributing the Program.
66+
67+
d) Each Contributor represents that to its knowledge it has sufficient
68+
copyright rights in its Contribution, if any, to grant the copyright
69+
license set forth in this Agreement.
70+
71+
3. REQUIREMENTS
72+
A Contributor may choose to distribute the Program in object code form under
73+
its own license agreement, provided that:
74+
75+
a) it complies with the terms and conditions of this Agreement; and
76+
77+
b) its license agreement:
78+
i) effectively disclaims on behalf of all Contributors all
79+
warranties and conditions, express and implied, including warranties
80+
or conditions of title and non-infringement, and implied warranties
81+
or conditions of merchantability and fitness for a particular
82+
purpose;
83+
ii) effectively excludes on behalf of all Contributors all liability
84+
for damages, including direct, indirect, special, incidental and
85+
consequential damages, such as lost profits;
86+
iii) states that any provisions which differ from this Agreement are
87+
offered by that Contributor alone and not by any other party; and
88+
iv) states that source code for the Program is available from such
89+
Contributor, and informs licensees how to obtain it in a reasonable
90+
manner on or through a medium customarily used for software
91+
exchange.
92+
93+
When the Program is made available in source code form:
94+
95+
a) it must be made available under this Agreement; and
96+
97+
b) a copy of this Agreement must be included with each copy of the
98+
Program.
99+
Contributors may not remove or alter any copyright notices contained within
100+
the Program.
101+
102+
Each Contributor must identify itself as the originator of its Contribution,
103+
if any, in a manner that reasonably allows subsequent Recipients to identify
104+
the originator of the Contribution.
105+
106+
4. COMMERCIAL DISTRIBUTION
107+
Commercial distributors of software may accept certain responsibilities with
108+
respect to end users, business partners and the like. While this license is
109+
intended to facilitate the commercial use of the Program, the Contributor who
110+
includes the Program in a commercial product offering should do so in a manner
111+
which does not create potential liability for other Contributors. Therefore,
112+
if a Contributor includes the Program in a commercial product offering, such
113+
Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
114+
every other Contributor ("Indemnified Contributor") against any losses,
115+
damages and costs (collectively "Losses") arising from claims, lawsuits and
116+
other legal actions brought by a third party against the Indemnified
117+
Contributor to the extent caused by the acts or omissions of such Commercial
118+
Contributor in connection with its distribution of the Program in a commercial
119+
product offering. The obligations in this section do not apply to any claims
120+
or Losses relating to any actual or alleged intellectual property
121+
infringement. In order to qualify, an Indemnified Contributor must: a)
122+
promptly notify the Commercial Contributor in writing of such claim, and b)
123+
allow the Commercial Contributor to control, and cooperate with the Commercial
124+
Contributor in, the defense and any related settlement negotiations. The
125+
Indemnified Contributor may participate in any such claim at its own expense.
126+
127+
For example, a Contributor might include the Program in a commercial product
128+
offering, Product X. That Contributor is then a Commercial Contributor. If
129+
that Commercial Contributor then makes performance claims, or offers
130+
warranties related to Product X, those performance claims and warranties are
131+
such Commercial Contributor's responsibility alone. Under this section, the
132+
Commercial Contributor would have to defend claims against the other
133+
Contributors related to those performance claims and warranties, and if a
134+
court requires any other Contributor to pay any damages as a result, the
135+
Commercial Contributor must pay those damages.
136+
137+
5. NO WARRANTY
138+
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
139+
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
140+
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
141+
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
142+
Recipient is solely responsible for determining the appropriateness of using
143+
and distributing the Program and assumes all risks associated with its
144+
exercise of rights under this Agreement , including but not limited to the
145+
risks and costs of program errors, compliance with applicable laws, damage to
146+
or loss of data, programs or equipment, and unavailability or interruption of
147+
operations.
148+
149+
6. DISCLAIMER OF LIABILITY
150+
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
151+
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
152+
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
153+
LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
154+
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
155+
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
156+
EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
157+
OF SUCH DAMAGES.
158+
159+
7. GENERAL
160+
161+
If any provision of this Agreement is invalid or unenforceable under
162+
applicable law, it shall not affect the validity or enforceability of the
163+
remainder of the terms of this Agreement, and without further action by the
164+
parties hereto, such provision shall be reformed to the minimum extent
165+
necessary to make such provision valid and enforceable.
166+
167+
If Recipient institutes patent litigation against any entity (including a
168+
cross-claim or counterclaim in a lawsuit) alleging that the Program itself
169+
(excluding combinations of the Program with other software or hardware)
170+
infringes such Recipient's patent(s), then such Recipient's rights granted
171+
under Section 2(b) shall terminate as of the date such litigation is filed.
172+
173+
All Recipient's rights under this Agreement shall terminate if it fails to
174+
comply with any of the material terms or conditions of this Agreement and does
175+
not cure such failure in a reasonable period of time after becoming aware of
176+
such noncompliance. If all Recipient's rights under this Agreement terminate,
177+
Recipient agrees to cease use and distribution of the Program as soon as
178+
reasonably practicable. However, Recipient's obligations under this Agreement
179+
and any licenses granted by Recipient relating to the Program shall continue
180+
and survive.
181+
182+
Everyone is permitted to copy and distribute copies of this Agreement, but in
183+
order to avoid inconsistency the Agreement is copyrighted and may only be
184+
modified in the following manner. The Agreement Steward reserves the right to
185+
publish new versions (including revisions) of this Agreement from time to
186+
time. No one other than the Agreement Steward has the right to modify this
187+
Agreement. The Eclipse Foundation is the initial Agreement Steward. The
188+
Eclipse Foundation may assign the responsibility to serve as the Agreement
189+
Steward to a suitable separate entity. Each new version of the Agreement will
190+
be given a distinguishing version number. The Program (including
191+
Contributions) may always be distributed subject to the version of the
192+
Agreement under which it was received. In addition, after a new version of the
193+
Agreement is published, Contributor may elect to distribute the Program
194+
(including its Contributions) under the new version. Except as expressly
195+
stated in Sections 2(a) and 2(b) above, Recipient receives no rights or
196+
licenses to the intellectual property of any Contributor under this Agreement,
197+
whether expressly, by implication, estoppel or otherwise. All rights in the
198+
Program not expressly granted under this Agreement are reserved.
199+
200+
This Agreement is governed by the laws of the State of New York and the
201+
intellectual property laws of the United States of America. No party to this
202+
Agreement will bring a legal action under this Agreement more than one year
203+
after the cause of action arose. Each party waives its rights to a jury trial
204+
in any resulting litigation.

0 commit comments

Comments
 (0)