source: trunk/Cbc/LICENSE @ 1899

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1Eclipse Public License - v 1.0
2
3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
4PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
5OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
6
71. DEFINITIONS
8
9"Contribution" means:
10
11    a) in the case of the initial Contributor, the initial code and
12    documentation distributed under this Agreement, and
13
14    b) in the case of each subsequent Contributor:
15
16        i) changes to the Program, and
17
18        ii) additions to the Program;
19
20    where such changes and/or additions to the Program originate
21    from and are distributed by that particular Contributor. A
22    Contribution 'originates' from a Contributor if it was added to
23    the Program by such Contributor itself or anyone acting on such
24    Contributor's behalf. Contributions do not include additions to
25    the Program which: (i) are separate modules of software
26    distributed in conjunction with the Program under their own
27    license agreement, and (ii) are not derivative works of the
28    Program.
29
30"Contributor" means any person or entity that distributes the
31Program.
32
33"Licensed Patents" mean patent claims licensable by a Contributor
34which are necessarily infringed by the use or sale of its
35Contribution alone or when combined with the Program.
36
37"Program" means the Contributions distributed in accordance with
38this Agreement.
39
40"Recipient" means anyone who receives the Program under this
41Agreement, including all Contributors.
42
432. GRANT OF RIGHTS
44
45a) Subject to the terms of this Agreement, each Contributor hereby
46grants Recipient a non-exclusive, worldwide, royalty-free copyright
47license to reproduce, prepare derivative works of, publicly display,
48publicly perform, distribute and sublicense the Contribution of such
49Contributor, if any, and such derivative works, in source code and
50object code form.
51
52b) Subject to the terms of this Agreement, each Contributor hereby
53grants Recipient a non-exclusive, worldwide, royalty-free patent
54license under Licensed Patents to make, use, sell, offer to sell,
55import and otherwise transfer the Contribution of such Contributor,
56if any, in source code and object code form. This patent license
57shall apply to the combination of the Contribution and the Program
58if, at the time the Contribution is added by the Contributor, such
59addition of the Contribution causes such combination to be covered
60by the Licensed Patents. The patent license shall not apply to any
61other combinations which include the Contribution. No hardware per
62se is licensed hereunder.
63
64c) Recipient understands that although each Contributor grants the
65licenses to its Contributions set forth herein, no assurances are
66provided by any Contributor that the Program does not infringe the
67patent or other intellectual property rights of any other
68entity. Each Contributor disclaims any liability to Recipient for
69claims brought by any other entity based on infringement of
70intellectual property rights or otherwise. As a condition to
71exercising the rights and licenses granted hereunder, each Recipient
72hereby assumes sole responsibility to secure any other intellectual
73property rights needed, if any. For example, if a third party patent
74license is required to allow Recipient to distribute the Program, it
75is Recipient's responsibility to acquire that license before
76distributing the Program.
77
78d) Each Contributor represents that to its knowledge it has
79sufficient copyright rights in its Contribution, if any, to grant
80the copyright license set forth in this Agreement.
81
823. REQUIREMENTS
83
84A Contributor may choose to distribute the Program in object code
85form under its own license agreement, provided that:
86
87    a) it complies with the terms and conditions of this Agreement;
88    and
89
90    b) its license agreement:
91
92        i) effectively disclaims on behalf of all Contributors all
93        warranties and conditions, express and implied, including
94        warranties or conditions of title and non-infringement, and
95        implied warranties or conditions of merchantability and
96        fitness for a particular purpose;
97
98        ii) effectively excludes on behalf of all Contributors all
99        liability for damages, including direct, indirect, special,
100        incidental and consequential damages, such as lost profits;
101
102        iii) states that any provisions which differ from this
103        Agreement are offered by that Contributor alone and not by
104        any other party; and
105
106        iv) states that source code for the Program is available
107        from such Contributor, and informs licensees how to obtain
108        it in a reasonable manner on or through a medium customarily
109        used for software exchange.
110
111When the Program is made available in source code form:
112
113    a) it must be made available under this Agreement; and
114
115    b) a copy of this Agreement must be included with each copy of
116    the Program.
117
118Contributors may not remove or alter any copyright notices contained
119within the Program.
120
121Each Contributor must identify itself as the originator of its
122Contribution, if any, in a manner that reasonably allows subsequent
123Recipients to identify the originator of the Contribution.
124
1254. COMMERCIAL DISTRIBUTION
126
127Commercial distributors of software may accept certain
128responsibilities with respect to end users, business partners and
129the like. While this license is intended to facilitate the
130commercial use of the Program, the Contributor who includes the
131Program in a commercial product offering should do so in a manner
132which does not create potential liability for other
133Contributors. Therefore, if a Contributor includes the Program in a
134commercial product offering, such Contributor ("Commercial
135Contributor") hereby agrees to defend and indemnify every other
136Contributor ("Indemnified Contributor") against any losses, damages
137and costs (collectively "Losses") arising from claims, lawsuits and
138other legal actions brought by a third party against the Indemnified
139Contributor to the extent caused by the acts or omissions of such
140Commercial Contributor in connection with its distribution of the
141Program in a commercial product offering. The obligations in this
142section do not apply to any claims or Losses relating to any actual
143or alleged intellectual property infringement. In order to qualify,
144an Indemnified Contributor must: a) promptly notify the Commercial
145Contributor in writing of such claim, and b) allow the Commercial
146Contributor to control, and cooperate with the Commercial
147Contributor in, the defense and any related settlement
148negotiations. The Indemnified Contributor may participate in any
149such claim at its own expense.
150
151For example, a Contributor might include the Program in a commercial
152product offering, Product X. That Contributor is then a Commercial
153Contributor. If that Commercial Contributor then makes performance
154claims, or offers warranties related to Product X, those performance
155claims and warranties are such Commercial Contributor's
156responsibility alone. Under this section, the Commercial Contributor
157would have to defend claims against the other Contributors related
158to those performance claims and warranties, and if a court requires
159any other Contributor to pay any damages as a result, the Commercial
160Contributor must pay those damages.
161
1625. NO WARRANTY
163
164EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
165PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
166ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
167ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
168MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient
169is solely responsible for determining the appropriateness of using
170and distributing the Program and assumes all risks associated with
171its exercise of rights under this Agreement , including but not
172limited to the risks and costs of program errors, compliance with
173applicable laws, damage to or loss of data, programs or equipment,
174and unavailability or interruption of operations.
175
1766. DISCLAIMER OF LIABILITY
177
178EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
179NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
180INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
181(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
182ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
183TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
184THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
185GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
186DAMAGES.
187
1887. GENERAL
189
190If any provision of this Agreement is invalid or unenforceable under
191applicable law, it shall not affect the validity or enforceability
192of the remainder of the terms of this Agreement, and without further
193action by the parties hereto, such provision shall be reformed to
194the minimum extent necessary to make such provision valid and
195enforceable.
196
197If Recipient institutes patent litigation against any entity
198(including a cross-claim or counterclaim in a lawsuit) alleging that
199the Program itself (excluding combinations of the Program with other
200software or hardware) infringes such Recipient's patent(s), then
201such Recipient's rights granted under Section 2(b) shall terminate
202as of the date such litigation is filed.
203
204All Recipient's rights under this Agreement shall terminate if it
205fails to comply with any of the material terms or conditions of this
206Agreement and does not cure such failure in a reasonable period of
207time after becoming aware of such noncompliance. If all Recipient's
208rights under this Agreement terminate, Recipient agrees to cease use
209and distribution of the Program as soon as reasonably
210practicable. However, Recipient's obligations under this Agreement
211and any licenses granted by Recipient relating to the Program shall
212continue and survive.
213
214Everyone is permitted to copy and distribute copies of this
215Agreement, but in order to avoid inconsistency the Agreement is
216copyrighted and may only be modified in the following manner. The
217Agreement Steward reserves the right to publish new versions
218(including revisions) of this Agreement from time to time. No one
219other than the Agreement Steward has the right to modify this
220Agreement. The Eclipse Foundation is the initial Agreement
221Steward. The Eclipse Foundation may assign the responsibility to
222serve as the Agreement Steward to a suitable separate entity. Each
223new version of the Agreement will be given a distinguishing version
224number. The Program (including Contributions) may always be
225distributed subject to the version of the Agreement under which it
226was received. In addition, after a new version of the Agreement is
227published, Contributor may elect to distribute the Program
228(including its Contributions) under the new version. Except as
229expressly stated in Sections 2(a) and 2(b) above, Recipient receives
230no rights or licenses to the intellectual property of any
231Contributor under this Agreement, whether expressly, by implication,
232estoppel or otherwise. All rights in the Program not expressly
233granted under this Agreement are reserved.
234
235This Agreement is governed by the laws of the State of New York and
236the intellectual property laws of the United States of America. No
237party to this Agreement will bring a legal action under this
238Agreement more than one year after the cause of action arose. Each
239party waives its rights to a jury trial in any resulting litigation.
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