Pulsar/features/org.eclipse.sequoyah.pulsar_1.1.0.I20100517-0318/epl-v10.html
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    26 
       
    27 <p align="center"><b>Eclipse Public License - v 1.0</b></p>
       
    28 
       
    29 <p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
       
    30 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
       
    31 DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
       
    32 AGREEMENT.</p>
       
    33 
       
    34 <p><b>1. DEFINITIONS</b></p>
       
    35 
       
    36 <p>"Contribution" means:</p>
       
    37 
       
    38 <p class="list">a) in the case of the initial Contributor, the initial
       
    39 code and documentation distributed under this Agreement, and</p>
       
    40 <p class="list">b) in the case of each subsequent Contributor:</p>
       
    41 <p class="list">i) changes to the Program, and</p>
       
    42 <p class="list">ii) additions to the Program;</p>
       
    43 <p class="list">where such changes and/or additions to the Program
       
    44 originate from and are distributed by that particular Contributor. A
       
    45 Contribution 'originates' from a Contributor if it was added to the
       
    46 Program by such Contributor itself or anyone acting on such
       
    47 Contributor's behalf. Contributions do not include additions to the
       
    48 Program which: (i) are separate modules of software distributed in
       
    49 conjunction with the Program under their own license agreement, and (ii)
       
    50 are not derivative works of the Program.</p>
       
    51 
       
    52 <p>"Contributor" means any person or entity that distributes
       
    53 the Program.</p>
       
    54 
       
    55 <p>"Licensed Patents" mean patent claims licensable by a
       
    56 Contributor which are necessarily infringed by the use or sale of its
       
    57 Contribution alone or when combined with the Program.</p>
       
    58 
       
    59 <p>"Program" means the Contributions distributed in accordance
       
    60 with this Agreement.</p>
       
    61 
       
    62 <p>"Recipient" means anyone who receives the Program under
       
    63 this Agreement, including all Contributors.</p>
       
    64 
       
    65 <p><b>2. GRANT OF RIGHTS</b></p>
       
    66 
       
    67 <p class="list">a) Subject to the terms of this Agreement, each
       
    68 Contributor hereby grants Recipient a non-exclusive, worldwide,
       
    69 royalty-free copyright license to reproduce, prepare derivative works
       
    70 of, publicly display, publicly perform, distribute and sublicense the
       
    71 Contribution of such Contributor, if any, and such derivative works, in
       
    72 source code and object code form.</p>
       
    73 
       
    74 <p class="list">b) Subject to the terms of this Agreement, each
       
    75 Contributor hereby grants Recipient a non-exclusive, worldwide,
       
    76 royalty-free patent license under Licensed Patents to make, use, sell,
       
    77 offer to sell, import and otherwise transfer the Contribution of such
       
    78 Contributor, if any, in source code and object code form. This patent
       
    79 license shall apply to the combination of the Contribution and the
       
    80 Program if, at the time the Contribution is added by the Contributor,
       
    81 such addition of the Contribution causes such combination to be covered
       
    82 by the Licensed Patents. The patent license shall not apply to any other
       
    83 combinations which include the Contribution. No hardware per se is
       
    84 licensed hereunder.</p>
       
    85 
       
    86 <p class="list">c) Recipient understands that although each Contributor
       
    87 grants the licenses to its Contributions set forth herein, no assurances
       
    88 are provided by any Contributor that the Program does not infringe the
       
    89 patent or other intellectual property rights of any other entity. Each
       
    90 Contributor disclaims any liability to Recipient for claims brought by
       
    91 any other entity based on infringement of intellectual property rights
       
    92 or otherwise. As a condition to exercising the rights and licenses
       
    93 granted 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 Recipient
       
    96 to distribute the Program, it is Recipient's responsibility to acquire
       
    97 that license before distributing the Program.</p>
       
    98 
       
    99 <p class="list">d) Each Contributor represents that to its knowledge it
       
   100 has sufficient copyright rights in its Contribution, if any, to grant
       
   101 the copyright license set forth in this Agreement.</p>
       
   102 
       
   103 <p><b>3. REQUIREMENTS</b></p>
       
   104 
       
   105 <p>A Contributor may choose to distribute the Program in object code
       
   106 form under its own license agreement, provided that:</p>
       
   107 
       
   108 <p class="list">a) it complies with the terms and conditions of this
       
   109 Agreement; and</p>
       
   110 
       
   111 <p class="list">b) its license agreement:</p>
       
   112 
       
   113 <p class="list">i) effectively disclaims on behalf of all Contributors
       
   114 all warranties and conditions, express and implied, including warranties
       
   115 or conditions of title and non-infringement, and implied warranties or
       
   116 conditions of merchantability and fitness for a particular purpose;</p>
       
   117 
       
   118 <p class="list">ii) effectively excludes on behalf of all Contributors
       
   119 all liability for damages, including direct, indirect, special,
       
   120 incidental and consequential damages, such as lost profits;</p>
       
   121 
       
   122 <p class="list">iii) states that any provisions which differ from this
       
   123 Agreement are offered by that Contributor alone and not by any other
       
   124 party; and</p>
       
   125 
       
   126 <p class="list">iv) states that source code for the Program is available
       
   127 from such Contributor, and informs licensees how to obtain it in a
       
   128 reasonable manner on or through a medium customarily used for software
       
   129 exchange.</p>
       
   130 
       
   131 <p>When the Program is made available in source code form:</p>
       
   132 
       
   133 <p class="list">a) it must be made available under this Agreement; and</p>
       
   134 
       
   135 <p class="list">b) a copy of this Agreement must be included with each
       
   136 copy of the Program.</p>
       
   137 
       
   138 <p>Contributors may not remove or alter any copyright notices contained
       
   139 within the Program.</p>
       
   140 
       
   141 <p>Each Contributor must identify itself as the originator of its
       
   142 Contribution, if any, in a manner that reasonably allows subsequent
       
   143 Recipients to identify the originator of the Contribution.</p>
       
   144 
       
   145 <p><b>4. COMMERCIAL DISTRIBUTION</b></p>
       
   146 
       
   147 <p>Commercial distributors of software may accept certain
       
   148 responsibilities with respect to end users, business partners and the
       
   149 like. While this license is intended to facilitate the commercial use of
       
   150 the Program, the Contributor who includes the Program in a commercial
       
   151 product offering should do so in a manner which does not create
       
   152 potential liability for other Contributors. Therefore, if a Contributor
       
   153 includes the Program in a commercial product offering, such Contributor
       
   154 ("Commercial Contributor") hereby agrees to defend and
       
   155 indemnify every other Contributor ("Indemnified Contributor")
       
   156 against any losses, damages and costs (collectively "Losses")
       
   157 arising from claims, lawsuits and other legal actions brought by a third
       
   158 party against the Indemnified Contributor to the extent caused by the
       
   159 acts or omissions of such Commercial Contributor in connection with its
       
   160 distribution of the Program in a commercial product offering. The
       
   161 obligations in this section do not apply to any claims or Losses
       
   162 relating to any actual or alleged intellectual property infringement. In
       
   163 order to qualify, an Indemnified Contributor must: a) promptly notify
       
   164 the Commercial Contributor in writing of such claim, and b) allow the
       
   165 Commercial Contributor to control, and cooperate with the Commercial
       
   166 Contributor in, the defense and any related settlement negotiations. The
       
   167 Indemnified Contributor may participate in any such claim at its own
       
   168 expense.</p>
       
   169 
       
   170 <p>For example, a Contributor might include the Program in a commercial
       
   171 product offering, Product X. That Contributor is then a Commercial
       
   172 Contributor. If that Commercial Contributor then makes performance
       
   173 claims, or offers warranties related to Product X, those performance
       
   174 claims and warranties are such Commercial Contributor's responsibility
       
   175 alone. Under this section, the Commercial Contributor would have to
       
   176 defend claims against the other Contributors related to those
       
   177 performance claims and warranties, and if a court requires any other
       
   178 Contributor to pay any damages as a result, the Commercial Contributor
       
   179 must pay those damages.</p>
       
   180 
       
   181 <p><b>5. NO WARRANTY</b></p>
       
   182 
       
   183 <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
       
   184 PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
       
   185 OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
       
   186 ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
       
   187 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
       
   188 responsible for determining the appropriateness of using and
       
   189 distributing the Program and assumes all risks associated with its
       
   190 exercise of rights under this Agreement , including but not limited to
       
   191 the risks and costs of program errors, compliance with applicable laws,
       
   192 damage to or loss of data, programs or equipment, and unavailability or
       
   193 interruption of operations.</p>
       
   194 
       
   195 <p><b>6. DISCLAIMER OF LIABILITY</b></p>
       
   196 
       
   197 <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
       
   198 NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
       
   199 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
       
   200 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
       
   201 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
       
   202 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
       
   203 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
       
   204 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
       
   205 
       
   206 <p><b>7. GENERAL</b></p>
       
   207 
       
   208 <p>If any provision of this Agreement is invalid or unenforceable under
       
   209 applicable law, it shall not affect the validity or enforceability of
       
   210 the remainder of the terms of this Agreement, and without further action
       
   211 by the parties hereto, such provision shall be reformed to the minimum
       
   212 extent necessary to make such provision valid and enforceable.</p>
       
   213 
       
   214 <p>If Recipient institutes patent litigation against any entity
       
   215 (including a cross-claim or counterclaim in a lawsuit) alleging that the
       
   216 Program itself (excluding combinations of the Program with other
       
   217 software or hardware) infringes such Recipient's patent(s), then such
       
   218 Recipient's rights granted under Section 2(b) shall terminate as of the
       
   219 date such litigation is filed.</p>
       
   220 
       
   221 <p>All Recipient's rights under this Agreement shall terminate if it
       
   222 fails to comply with any of the material terms or conditions of this
       
   223 Agreement and does not cure such failure in a reasonable period of time
       
   224 after becoming aware of such noncompliance. If all Recipient's rights
       
   225 under this Agreement terminate, Recipient agrees to cease use and
       
   226 distribution of the Program as soon as reasonably practicable. However,
       
   227 Recipient's obligations under this Agreement and any licenses granted by
       
   228 Recipient relating to the Program shall continue and survive.</p>
       
   229 
       
   230 <p>Everyone is permitted to copy and distribute copies of this
       
   231 Agreement, but in order to avoid inconsistency the Agreement is
       
   232 copyrighted and may only be modified in the following manner. The
       
   233 Agreement Steward reserves the right to publish new versions (including
       
   234 revisions) of this Agreement from time to time. No one other than the
       
   235 Agreement Steward has the right to modify this Agreement. The Eclipse
       
   236 Foundation is the initial Agreement Steward. The Eclipse Foundation may
       
   237 assign the responsibility to serve as the Agreement Steward to a
       
   238 suitable separate entity. Each new version of the Agreement will be
       
   239 given a distinguishing version number. The Program (including
       
   240 Contributions) may always be distributed subject to the version of the
       
   241 Agreement under which it was received. In addition, after a new version
       
   242 of the Agreement is published, Contributor may elect to distribute the
       
   243 Program (including its Contributions) under the new version. Except as
       
   244 expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
       
   245 rights or licenses to the intellectual property of any Contributor under
       
   246 this Agreement, whether expressly, by implication, estoppel or
       
   247 otherwise. All rights in the Program not expressly granted under this
       
   248 Agreement are reserved.</p>
       
   249 
       
   250 <p>This Agreement is governed by the laws of the State of New York and
       
   251 the intellectual property laws of the United States of America. No party
       
   252 to this Agreement will bring a legal action under this Agreement more
       
   253 than one year after the cause of action arose. Each party waives its
       
   254 rights to a jury trial in any resulting litigation.</p>
       
   255 
       
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