Srikanth Vavilapalli | 1725e49 | 2014-12-01 17:50:52 -0800 | [diff] [blame^] | 1 | Unless otherwise noted, the following license applies to the |
| 2 | files within this project repository. |
| 3 | |
| 4 | ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ |
| 5 | |
| 6 | Licensed under the Eclipse Public License, Version 1.0 (the |
| 7 | "License"); you may not use this file except in compliance |
| 8 | with the License. You may obtain a copy of the License at |
| 9 | |
| 10 | http://www.eclipse.org/legal/epl-v10.html |
| 11 | |
| 12 | The text of the License is reproduced below. |
| 13 | |
| 14 | Unless required by applicable law or agreed to in writing, |
| 15 | software distributed under the License is distributed on an |
| 16 | "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, |
| 17 | either express or implied. See the License for the specific |
| 18 | language governing permissions and limitations under the |
| 19 | License. |
| 20 | |
| 21 | ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ |
| 22 | |
| 23 | Eclipse Public License - v 1.0 |
| 24 | |
| 25 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS |
| 26 | ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR |
| 27 | DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF |
| 28 | THIS AGREEMENT. |
| 29 | |
| 30 | 1. DEFINITIONS |
| 31 | |
| 32 | "Contribution" means: |
| 33 | |
| 34 | a) in the case of the initial Contributor, the initial code and |
| 35 | documentation distributed under this Agreement, and |
| 36 | |
| 37 | b) in the case of each subsequent Contributor: |
| 38 | |
| 39 | i) changes to the Program, and |
| 40 | |
| 41 | ii) additions to the Program; |
| 42 | where such changes and/or additions to the Program originate from |
| 43 | and are distributed by that particular Contributor. A |
| 44 | Contribution 'originates' from a Contributor if it was added to |
| 45 | the Program by such Contributor itself or anyone acting on such |
| 46 | Contributor's behalf. Contributions do not include additions to |
| 47 | the Program which: (i) are separate modules of software |
| 48 | distributed in conjunction with the Program under their own |
| 49 | license agreement, and (ii) are not derivative works of the |
| 50 | Program. |
| 51 | |
| 52 | "Contributor" means any person or entity that distributes the Program. |
| 53 | |
| 54 | "Licensed Patents" mean patent claims licensable by a Contributor |
| 55 | which are necessarily infringed by the use or sale of its |
| 56 | Contribution alone or when combined with the Program. |
| 57 | |
| 58 | "Program" means the Contributions distributed in accordance with |
| 59 | this Agreement. |
| 60 | |
| 61 | "Recipient" means anyone who receives the Program under this |
| 62 | Agreement, including all Contributors. |
| 63 | |
| 64 | 2. GRANT OF RIGHTS |
| 65 | |
| 66 | a) Subject to the terms of this Agreement, each Contributor |
| 67 | hereby grants Recipient a non-exclusive, worldwide, royalty-free |
| 68 | copyright license to reproduce, prepare derivative works of, |
| 69 | publicly display, publicly perform, distribute and sublicense the |
| 70 | Contribution of such Contributor, if any, and such derivative |
| 71 | works, in source code and object code form. |
| 72 | |
| 73 | b) Subject to the terms of this Agreement, each Contributor |
| 74 | hereby grants Recipient a non-exclusive, worldwide, royalty-free |
| 75 | patent license under Licensed Patents to make, use, sell, offer |
| 76 | to sell, import and otherwise transfer the Contribution of such |
| 77 | Contributor, if any, in source code and object code form. This |
| 78 | patent license shall apply to the combination of the Contribution |
| 79 | and the Program if, at the time the Contribution is added by the |
| 80 | Contributor, such addition of the Contribution causes such |
| 81 | combination to be covered by the Licensed Patents. The patent |
| 82 | license shall not apply to any other combinations which include |
| 83 | the Contribution. No hardware per se is licensed hereunder. |
| 84 | |
| 85 | c) Recipient understands that although each Contributor grants |
| 86 | the licenses to its Contributions set forth herein, no assurances |
| 87 | are provided by any Contributor that the Program does not |
| 88 | infringe the patent or other intellectual property rights of any |
| 89 | other entity. Each Contributor disclaims any liability to |
| 90 | Recipient for claims brought by any other entity based on |
| 91 | infringement of intellectual property rights or otherwise. As a |
| 92 | condition to exercising the rights and licenses granted |
| 93 | hereunder, each Recipient hereby assumes sole responsibility to |
| 94 | secure any other intellectual property rights needed, if any. For |
| 95 | example, if a third party patent license is required to allow |
| 96 | Recipient to distribute the Program, it is Recipient's |
| 97 | responsibility to acquire that license before distributing the |
| 98 | Program. |
| 99 | |
| 100 | d) Each Contributor represents that to its knowledge it has |
| 101 | sufficient copyright rights in its Contribution, if any, to grant |
| 102 | the copyright license set forth in this Agreement. |
| 103 | |
| 104 | 3. REQUIREMENTS |
| 105 | |
| 106 | A Contributor may choose to distribute the Program in object code |
| 107 | form under its own license agreement, provided that: |
| 108 | |
| 109 | a) it complies with the terms and conditions of this Agreement; |
| 110 | and |
| 111 | |
| 112 | b) its license agreement: |
| 113 | |
| 114 | i) effectively disclaims on behalf of all Contributors all |
| 115 | warranties and conditions, express and implied, including |
| 116 | warranties or conditions of title and non-infringement, and |
| 117 | implied warranties or conditions of merchantability and fitness |
| 118 | for a particular purpose; |
| 119 | |
| 120 | ii) effectively excludes on behalf of all Contributors all |
| 121 | liability for damages, including direct, indirect, special, |
| 122 | incidental and consequential damages, such as lost profits; |
| 123 | |
| 124 | iii) states that any provisions which differ from this Agreement |
| 125 | are offered by that Contributor alone and not by any other party; |
| 126 | and |
| 127 | |
| 128 | iv) states that source code for the Program is available from |
| 129 | such Contributor, and informs licensees how to obtain it in a |
| 130 | reasonable manner on or through a medium customarily used for |
| 131 | software exchange. |
| 132 | |
| 133 | When the Program is made available in source code form: |
| 134 | |
| 135 | a) it must be made available under this Agreement; and |
| 136 | |
| 137 | b) a copy of this Agreement must be included with each copy of |
| 138 | the Program. |
| 139 | |
| 140 | Contributors may not remove or alter any copyright notices |
| 141 | contained within the Program. |
| 142 | |
| 143 | Each Contributor must identify itself as the originator of its |
| 144 | Contribution, if any, in a manner that reasonably allows |
| 145 | subsequent Recipients to identify the originator of the |
| 146 | Contribution. |
| 147 | |
| 148 | 4. COMMERCIAL DISTRIBUTION |
| 149 | |
| 150 | Commercial distributors of software may accept certain |
| 151 | responsibilities with respect to end users, business partners and |
| 152 | the like. While this license is intended to facilitate the |
| 153 | commercial use of the Program, the Contributor who includes the |
| 154 | Program in a commercial product offering should do so in a manner |
| 155 | which does not create potential liability for other |
| 156 | Contributors. Therefore, if a Contributor includes the Program in |
| 157 | a commercial product offering, such Contributor ("Commercial |
| 158 | Contributor") hereby agrees to defend and indemnify every other |
| 159 | Contributor ("Indemnified Contributor") against any losses, |
| 160 | damages and costs (collectively "Losses") arising from claims, |
| 161 | lawsuits and other legal actions brought by a third party against |
| 162 | the Indemnified Contributor to the extent caused by the acts or |
| 163 | omissions of such Commercial Contributor in connection with its |
| 164 | distribution of the Program in a commercial product offering. The |
| 165 | obligations in this section do not apply to any claims or Losses |
| 166 | relating to any actual or alleged intellectual property |
| 167 | infringement. In order to qualify, an Indemnified Contributor |
| 168 | must: a) promptly notify the Commercial Contributor in writing of |
| 169 | such claim, and b) allow the Commercial Contributor to control, |
| 170 | and cooperate with the Commercial Contributor in, the defense and |
| 171 | any related settlement negotiations. The Indemnified Contributor |
| 172 | may participate in any such claim at its own expense. |
| 173 | |
| 174 | For example, a Contributor might include the Program in a |
| 175 | commercial product offering, Product X. That Contributor is then |
| 176 | a Commercial Contributor. If that Commercial Contributor then |
| 177 | makes performance claims, or offers warranties related to Product |
| 178 | X, those performance claims and warranties are such Commercial |
| 179 | Contributor's responsibility alone. Under this section, the |
| 180 | Commercial Contributor would have to defend claims against the |
| 181 | other Contributors related to those performance claims and |
| 182 | warranties, and if a court requires any other Contributor to pay |
| 183 | any damages as a result, the Commercial Contributor must pay |
| 184 | those damages. |
| 185 | |
| 186 | 5. NO WARRANTY |
| 187 | |
| 188 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS |
| 189 | PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF |
| 190 | ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT |
| 191 | LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
| 192 | NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR |
| 193 | PURPOSE. Each Recipient is solely responsible for determining the |
| 194 | appropriateness of using and distributing the Program and assumes |
| 195 | all risks associated with its exercise of rights under this |
| 196 | Agreement , including but not limited to the risks and costs of |
| 197 | program errors, compliance with applicable laws, damage to or |
| 198 | loss of data, programs or equipment, and unavailability or |
| 199 | interruption of operations. |
| 200 | |
| 201 | 6. DISCLAIMER OF LIABILITY |
| 202 | |
| 203 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER |
| 204 | RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY |
| 205 | DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR |
| 206 | CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
| 207 | PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER |
| 208 | IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR |
| 209 | OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF |
| 210 | THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN |
| 211 | IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 212 | |
| 213 | 7. GENERAL |
| 214 | |
| 215 | If any provision of this Agreement is invalid or unenforceable |
| 216 | under applicable law, it shall not affect the validity or |
| 217 | enforceability of the remainder of the terms of this Agreement, |
| 218 | and without further action by the parties hereto, such provision |
| 219 | shall be reformed to the minimum extent necessary to make such |
| 220 | provision valid and enforceable. |
| 221 | |
| 222 | If Recipient institutes patent litigation against any entity |
| 223 | (including a cross-claim or counterclaim in a lawsuit) alleging |
| 224 | that the Program itself (excluding combinations of the Program |
| 225 | with other software or hardware) infringes such Recipient's |
| 226 | patent(s), then such Recipient's rights granted under Section |
| 227 | 2(b) shall terminate as of the date such litigation is filed. |
| 228 | |
| 229 | All Recipient's rights under this Agreement shall terminate if it |
| 230 | fails to comply with any of the material terms or conditions of |
| 231 | this Agreement and does not cure such failure in a reasonable |
| 232 | period of time after becoming aware of such noncompliance. If all |
| 233 | Recipient's rights under this Agreement terminate, Recipient |
| 234 | agrees to cease use and distribution of the Program as soon as |
| 235 | reasonably practicable. However, Recipient's obligations under |
| 236 | this Agreement and any licenses granted by Recipient relating to |
| 237 | the Program shall continue and survive. |
| 238 | |
| 239 | Everyone is permitted to copy and distribute copies of this |
| 240 | Agreement, but in order to avoid inconsistency the Agreement is |
| 241 | copyrighted and may only be modified in the following manner. The |
| 242 | Agreement Steward reserves the right to publish new versions |
| 243 | (including revisions) of this Agreement from time to time. No one |
| 244 | other than the Agreement Steward has the right to modify this |
| 245 | Agreement. The Eclipse Foundation is the initial Agreement |
| 246 | Steward. The Eclipse Foundation may assign the responsibility to |
| 247 | serve as the Agreement Steward to a suitable separate |
| 248 | entity. Each new version of the Agreement will be given a |
| 249 | distinguishing version number. The Program (including |
| 250 | Contributions) may always be distributed subject to the version |
| 251 | of the Agreement under which it was received. In addition, after |
| 252 | a new version of the Agreement is published, Contributor may |
| 253 | elect to distribute the Program (including its Contributions) |
| 254 | under the new version. Except as expressly stated in Sections |
| 255 | 2(a) and 2(b) above, Recipient receives no rights or licenses to |
| 256 | the intellectual property of any Contributor under this |
| 257 | Agreement, whether expressly, by implication, estoppel or |
| 258 | otherwise. All rights in the Program not expressly granted under |
| 259 | this Agreement are reserved. |
| 260 | |
| 261 | This Agreement is governed by the laws of the State of New York |
| 262 | and the intellectual property laws of the United States of |
| 263 | America. No party to this Agreement will bring a legal action |
| 264 | under this Agreement more than one year after the cause of action |
| 265 | arose. Each party waives its rights to a jury trial in any |
| 266 | resulting litigation. |