view LICENSE.EPL @ 20805:379471b334cb

Lift 8u40 mx restriction
author Gilles Duboscq <gilles.m.duboscq@oracle.com>
date Tue, 07 Apr 2015 15:00:39 +0200
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Some parts of this software are marked as being licensed to you under the terms
of the Eclipse Public License version 1.0, as follows.

  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

  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.