From aa2af85d29f87358af90a4cf6bf1931b19a56718 Mon Sep 17 00:00:00 2001
From: Nathaniel Wesley Filardo 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
-
The Application Itself
@@ -23,260 +23,279 @@ is available at
License Text
-Eclipse Public License - v 1.0
+Eclipse Public License - v 2.0
“Contribution” means:
+“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 + or any Secondary License (as applicable), including Contributors. +
+“Derivative Works” shall mean any work, whether in Source Code or other + form, that is based on (or derived from) the Program and for which the + editorial revisions, annotations, elaborations, or other modifications + represent, as a whole, an original work of authorship. +
+“Modified Works” shall mean any work in Source Code or other form that + results from an addition to, deletion from, or modification of the + contents of the Program, including, for purposes of clarity any new file + in Source Code form that contains any contents of the Program. Modified + Works shall not include works that contain only declarations, interfaces, + types, classes, structures, or files of the Program solely in each case + in order to link to, bind by name, or subclass the Program or Modified + Works thereof. +
+“Distribute” means the acts of a) distributing or b) making available + in any manner that enables the transfer of a copy. +
+“Source Code” means the form of a Program preferred for making + modifications, including but not limited to software source code, + documentation source, and configuration files. +
+“Secondary License” means either the GNU General Public License, + Version 2.0, or any later versions of that license, including any + exceptions or additional permissions as identified by the initial + Contributor. +
+3.1 If a Contributor Distributes the Program in any form, then:
+3.2 When the Program is Distributed as Source Code:
+3.3 Contributors may not remove or alter any copyright, patent, trademark, + attribution notices, disclaimers of warranty, or limitations of liability + (‘notices’) contained within the Program from any copy of the Program which + they Distribute, provided that Contributors may add their own appropriate + notices. +
+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. +
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED + BY APPLICABLE LAW, 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. +
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED + BY APPLICABLE LAW, 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. +
+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.
-Copyright (c) 2007, Eclipse Foundation, Inc. and its licensors.
- -All rights reserved.
-Redistribution and use in source and binary forms, with or without modification, - are permitted provided that the following conditions are met:
-THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" -AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED -WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. -IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, -INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT -NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR -PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE -POSSIBILITY OF SUCH DAMAGE.
+ 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. Nothing in this Agreement is intended + to be enforceable by any entity that is not a Contributor or Recipient. + No third-party beneficiary rights are created under this Agreement. +
+“This Source Code may also be made available under the following + Secondary Licenses when the conditions for such availability set forth + in the Eclipse Public License, v. 2.0 are satisfied: {name license(s), + version(s), and exceptions or additional permissions here}.” +
+++Simply including a copy of this Agreement, including this Exhibit A + is not sufficient to license the Source Code under Secondary Licenses. +
+If it is not possible or desirable to put the notice in a particular file, + then You may include the notice in a location (such as a LICENSE file in a + relevant directory) where a recipient would be likely to look for + such a notice. +
+You may add additional accurate notices of copyright ownership.
+