source: Alps/releases/1.4.6/Alps/LICENSE

Last change on this file was 1509, checked in by tkr, 8 years ago

Switching from CPL to EPL

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1Eclipse Public License -v 1.0
2
3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
4LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
5CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
6
71. DEFINITIONS
8
9"Contribution" means:
10
11a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
12
13b) in the case of each subsequent Contributor:
14
15i) changes to the Program, and
16
17ii) additions to the Program;
18
19where such changes and/or additions to the Program originate from and are
20distributed by that particular Contributor. A Contribution 'originates' from a
21Contributor if it was added to the Program by such Contributor itself or
22anyone acting on such Contributor's behalf. Contributions do not include
23additions to the Program which: (i) are separate modules of software
24distributed in conjunction with the Program under their own license agreement,
25and (ii) are not derivative works of the Program.
26
27"Contributor" means any person or entity that distributes the Program.
28
29"Licensed Patents " mean patent claims licensable by a Contributor which are
30necessarily infringed by the use or sale of its Contribution alone or when
31combined with the Program.
32
33"Program" means the Contributions distributed in accordance with this
34Agreement.
35
36"Recipient" means anyone who receives the Program under this Agreement,
37including all Contributors.
38
392. GRANT OF RIGHTS
40
41a) Subject to the terms of this Agreement, each Contributor hereby grants
42Recipient a non-exclusive, worldwide, royalty-free copyright license to
43reproduce, prepare derivative works of, publicly display, publicly perform,
44distribute and sublicense the Contribution of such Contributor, if any, and
45such derivative works, in source code and object code form.
46
47b) Subject to the terms of this Agreement, each Contributor hereby grants
48Recipient a non-exclusive, worldwide, royalty-free patent license under
49Licensed Patents to make, use, sell, offer to sell, import and otherwise
50transfer the Contribution of such Contributor, if any, in source code and
51object code form. This patent license shall apply to the combination of the
52Contribution and the Program if, at the time the Contribution is added by the
53Contributor, such addition of the Contribution causes such combination to be
54covered by the Licensed Patents. The patent license shall not apply to any
55other combinations which include the Contribution. No hardware per se is
56licensed hereunder.
57
58c) Recipient understands that although each Contributor grants the licenses to
59its Contributions set forth herein, no assurances are provided by any
60Contributor that the Program does not infringe the patent or other
61intellectual property rights of any other entity. Each Contributor disclaims
62any liability to Recipient for claims brought by any other entity based on
63infringement of intellectual property rights or otherwise. As a condition to
64exercising the rights and licenses granted hereunder, each Recipient hereby
65assumes sole responsibility to secure any other intellectual property rights
66needed, if any. For example, if a third party patent license is required to
67allow Recipient to distribute the Program, it is Recipient's responsibility to
68acquire that license before distributing the Program.
69
70d) Each Contributor represents that to its knowledge it has sufficient
71copyright rights in its Contribution, if any, to grant the copyright license
72set forth in this Agreement.
73
743. REQUIREMENTS
75
76A Contributor may choose to distribute the Program in object code form under
77its own license agreement, provided that:
78
79a) it complies with the terms and conditions of this Agreement; and
80
81b) its license agreement:
82
83i) effectively disclaims on behalf of all Contributors all warranties and
84conditions, express and implied, including warranties or conditions of title
85and non-infringement, and implied warranties or conditions of merchantability
86and fitness for a particular purpose;
87
88ii) effectively excludes on behalf of all Contributors all liability for
89damages, including direct, indirect, special, incidental and consequential
90damages, such as lost profits;
91
92iii) states that any provisions which differ from this Agreement are offered
93by that Contributor alone and not by any other party; and
94
95iv) states that source code for the Program is available from such
96Contributor, and informs licensees how to obtain it in a reasonable manner on
97or through a medium customarily used for software exchange.
98
99When the Program is made available in source code form:
100
101a) it must be made available under this Agreement; and
102
103b) a copy of this Agreement must be included with each copy of the Program.
104
105Contributors may not remove or alter any copyright notices contained within
106the Program.
107
108Each Contributor must identify itself as the originator of its Contribution,
109if any, in a manner that reasonably allows subsequent Recipients to identify
110the originator of the Contribution.
111
1124. COMMERCIAL DISTRIBUTION
113
114Commercial distributors of software may accept certain responsibilities with
115respect to end users, business partners and the like. While this license is
116intended to facilitate the commercial use of the Program, the Contributor who
117includes the Program in a commercial product offering should do so in a manner
118which does not create potential liability for other Contributors. Therefore,
119if a Contributor includes the Program in a commercial product offering, such
120Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
121every other Contributor ("Indemnified Contributor") against any losses,
122damages and costs (collectively "Losses") arising from claims, lawsuits and
123other legal actions brought by a third party against the Indemnified
124Contributor to the extent caused by the acts or omissions of such Commercial
125Contributor in connection with its distribution of the Program in a commercial
126product offering. The obligations in this section do not apply to any claims
127or Losses relating to any actual or alleged intellectual property
128infringement. In order to qualify, an Indemnified Contributor must: a)
129promptly notify the Commercial Contributor in writing of such claim, and b)
130allow the Commercial Contributor to control, and cooperate with the Commercial
131Contributor in, the defense and any related settlement negotiations. The
132Indemnified Contributor may participate in any such claim at its own expense.
133
134For example, a Contributor might include the Program in a commercial product
135offering, Product X. That Contributor is then a Commercial Contributor. If
136that Commercial Contributor then makes performance claims, or offers
137warranties related to Product X, those performance claims and warranties are
138such Commercial Contributor's responsibility alone. Under this section, the
139Commercial Contributor would have to defend claims against the other
140Contributors related to those performance claims and warranties, and if a
141court requires any other Contributor to pay any damages as a result, the
142Commercial Contributor must pay those damages.
143
1445. NO WARRANTY
145
146EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
147"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
148IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
149NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
150Recipient is solely responsible for determining the appropriateness of using
151and distributing the Program and assumes all risks associated with its
152exercise of rights under this Agreement , including but not limited to the
153risks and costs of program errors, compliance with applicable laws, damage to
154or loss of data, programs or equipment, and unavailability or interruption of
155operations.
156
1576. DISCLAIMER OF LIABILITY
158
159EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
160CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
161SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
162LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
163CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
164ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
165EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
166OF SUCH DAMAGES.
167
1687. GENERAL
169
170If any provision of this Agreement is invalid or unenforceable under
171applicable law, it shall not affect the validity or enforceability of the
172remainder of the terms of this Agreement, and without further action by the
173parties hereto, such provision shall be reformed to the minimum extent
174necessary to make such provision valid and enforceable.
175
176If Recipient institutes patent litigation against any entity (including a
177cross-claim or counterclaim in a lawsuit) alleging that the Program itself
178(excluding combinations of the Program with other software or hardware)
179infringes such Recipient's patent(s), then such Recipient's rights granted
180under Section 2(b) shall terminate as of the date such litigation is filed.
181
182All Recipient's rights under this Agreement shall terminate if it fails to
183comply with any of the material terms or conditions of this Agreement and does
184not cure such failure in a reasonable period of time after becoming aware of
185such noncompliance. If all Recipient's rights under this Agreement terminate,
186Recipient agrees to cease use and distribution of the Program as soon as
187reasonably practicable. However, Recipient's obligations under this Agreement
188and any licenses granted by Recipient relating to the Program shall continue
189and survive.
190
191Everyone is permitted to copy and distribute copies of this Agreement, but in
192order to avoid inconsistency the Agreement is copyrighted and may only be
193modified in the following manner. The Agreement Steward reserves the right to
194publish new versions (including revisions) of this Agreement from time to
195time. No one other than the Agreement Steward has the right to modify this
196Agreement. The Eclipse Foundation is the initial Agreement Steward. The
197Eclipse Foundation may assign the responsibility to serve as the Agreement
198Steward to a suitable separate entity. Each new version of the Agreement will
199be given a distinguishing version number. The Program (including
200Contributions) may always be distributed subject to the version of the
201Agreement under which it was received. In addition, after a new version of the
202Agreement is published, Contributor may elect to distribute the Program
203(including its Contributions) under the new version. Except as expressly
204stated in Sections 2(a) and 2(b) above, Recipient receives no rights or
205licenses to the intellectual property of any Contributor under this Agreement,
206whether expressly, by implication, estoppel or otherwise. All rights in the
207Program not expressly granted under this Agreement are reserved.
208
209This Agreement is governed by the laws of the State of New York and the
210intellectual property laws of the United States of America. No party to this
211Agreement will bring a legal action under this Agreement more than one year
212after the cause of action arose. Each party waives its rights to a jury trial
213in any resulting litigation.
214
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