MCL/sftools/dev/eclipseenv/buildlayout34: carbidecpp20devenv/features/org.eclipse.gef.source_3.4.1.v20080806-67718083A56B4H2A3213573/epl-v10.html@82d1d1de1a01 (annotated)

1 82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	1	<html xmlns:o="urn:schemas-microsoft-com:office:office"
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	2	xmlns:w="urn:schemas-microsoft-com:office:word"
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	3	xmlns="http://www.w3.org/TR/REC-html40">
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	4
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	5	<head>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	6	<meta http-equiv=Content-Type content="text/html; charset=windows-1252">
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	7	<meta name=ProgId content=Word.Document>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	8	<meta name=Generator content="Microsoft Word 9">
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	9	<meta name=Originator content="Microsoft Word 9">
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	10	<link rel=File-List
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	11	href="./Eclipse%20EPL%202003_11_10%20Final_files/filelist.xml">
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	12	<title>Eclipse Public License - Version 1.0</title>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	13	<!--[if gte mso 9]><xml>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	14	<o:DocumentProperties>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	15	<o:Revision>2</o:Revision>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	16	<o:TotalTime>3</o:TotalTime>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	17	<o:Created>2004-03-05T23:03:00Z</o:Created>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	18	<o:LastSaved>2004-03-05T23:03:00Z</o:LastSaved>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	19	<o:Pages>4</o:Pages>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	20	<o:Words>1626</o:Words>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	21	<o:Characters>9270</o:Characters>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	22	<o:Lines>77</o:Lines>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	23	<o:Paragraphs>18</o:Paragraphs>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	24	<o:CharactersWithSpaces>11384</o:CharactersWithSpaces>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	25	<o:Version>9.4402</o:Version>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	26	</o:DocumentProperties>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	27	</xml><![endif]--><!--[if gte mso 9]><xml>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	28	<w:WordDocument>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	29	<w:TrackRevisions/>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	30	</w:WordDocument>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	31	</xml><![endif]-->
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	32	<style>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	33	<!--
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	34	/* Font Definitions */
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	35	@font-face
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	36	{font-family:Tahoma;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	37	panose-1:2 11 6 4 3 5 4 4 2 4;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	38	mso-font-charset:0;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	39	mso-generic-font-family:swiss;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	40	mso-font-pitch:variable;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	41	mso-font-signature:553679495 -2147483648 8 0 66047 0;}
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	42	/* Style Definitions */
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	43	p.MsoNormal, li.MsoNormal, div.MsoNormal
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	44	{mso-style-parent:"";
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	45	margin:0in;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	46	margin-bottom:.0001pt;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	47	mso-pagination:widow-orphan;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	48	font-size:12.0pt;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	49	font-family:"Times New Roman";
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	50	mso-fareast-font-family:"Times New Roman";}
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	51	p
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	52	{margin-right:0in;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	53	mso-margin-top-alt:auto;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	54	mso-margin-bottom-alt:auto;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	55	margin-left:0in;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	56	mso-pagination:widow-orphan;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	57	font-size:12.0pt;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	58	font-family:"Times New Roman";
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	59	mso-fareast-font-family:"Times New Roman";}
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	60	p.BalloonText, li.BalloonText, div.BalloonText
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	61	{mso-style-name:"Balloon Text";
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	62	margin:0in;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	63	margin-bottom:.0001pt;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	64	mso-pagination:widow-orphan;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	65	font-size:8.0pt;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	66	font-family:Tahoma;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	67	mso-fareast-font-family:"Times New Roman";}
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	68	@page Section1
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	69	{size:8.5in 11.0in;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	70	margin:1.0in 1.25in 1.0in 1.25in;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	71	mso-header-margin:.5in;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	72	mso-footer-margin:.5in;
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	73	mso-paper-source:0;}
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	74	div.Section1
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	75	{page:Section1;}
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	76	-->
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	77	</style>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	78	</head>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	79
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	80	<body lang=EN-US style='tab-interval:.5in'>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	81
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	82	<div class=Section1>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	83
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	84	<p align=center style='text-align:center'><b>Eclipse Public License - v 1.0</b>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	85	</p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	86
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	87	<p><span style='font-size:10.0pt'>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	88	THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE,
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	89	REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	90	OF THIS AGREEMENT.</span> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	91
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	92	<p><b><span style='font-size:10.0pt'>1. DEFINITIONS</span></b> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	93
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	94	<p><span style='font-size:10.0pt'>"Contribution" means:</span> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	95
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	96	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	97	in the case of the initial Contributor, the initial code and documentation
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	98	distributed under this Agreement, and<br clear=left>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	99	b) in the case of each subsequent Contributor:</span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	100
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	101	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	102	changes to the Program, and</span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	103
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	104	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	105	additions to the Program;</span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	106
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	107	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>where
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	108	such changes and/or additions to the Program originate from and are distributed
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	109	by that particular Contributor. A Contribution 'originates' from a Contributor
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	110	if it was added to the Program by such Contributor itself or anyone acting on
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	111	such Contributor's behalf. Contributions do not include additions to the
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	112	Program which: (i) are separate modules of software distributed in conjunction
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	113	with the Program under their own license agreement, and (ii) are not derivative
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	114	works of the Program. </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	115
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	116	<p><span style='font-size:10.0pt'>"Contributor" means any person or
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	117	entity that distributes the Program.</span> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	118
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	119	<p><span style='font-size:10.0pt'>"Licensed Patents " mean patent
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	120	claims licensable by a Contributor which are necessarily infringed by the use
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	121	or sale of its Contribution alone or when combined with the Program. </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	122
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	123	<p><span style='font-size:10.0pt'>"Program" means the Contributions
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	124	distributed in accordance with this Agreement.</span> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	125
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	126	<p><span style='font-size:10.0pt'>"Recipient" means anyone who
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	127	receives the Program under this Agreement, including all Contributors.</span> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	128
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	129	<p><b><span style='font-size:10.0pt'>2. GRANT OF RIGHTS</span></b> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	130
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	131	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	132	Subject to the terms of this Agreement, each Contributor hereby grants Recipient
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	133	a non-exclusive, worldwide, royalty-free copyright license to<span
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	134	style='color:red'> </span>reproduce, prepare derivative works of, publicly
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	135	display, publicly perform, distribute and sublicense the Contribution of such
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	136	Contributor, if any, and such derivative works, in source code and object code
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	137	form.</span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	138
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	139	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	140	Subject to the terms of this Agreement, each Contributor hereby grants
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	141	Recipient a non-exclusive, worldwide,<span style='color:green'> </span>royalty-free
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	142	patent license under Licensed Patents to make, use, sell, offer to sell, import
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	143	and otherwise transfer the Contribution of such Contributor, if any, in source
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	144	code and object code form. This patent license shall apply to the combination
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	145	of the Contribution and the Program if, at the time the Contribution is added
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	146	by the Contributor, such addition of the Contribution causes such combination
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	147	to be covered by the Licensed Patents. The patent license shall not apply to
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	148	any other combinations which include the Contribution. No hardware per se is
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	149	licensed hereunder. </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	150
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	151	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>c)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	152	Recipient understands that although each Contributor grants the licenses to its
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	153	Contributions set forth herein, no assurances are provided by any Contributor
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	154	that the Program does not infringe the patent or other intellectual property
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	155	rights of any other entity. Each Contributor disclaims any liability to Recipient
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	156	for claims brought by any other entity based on infringement of intellectual
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	157	property rights or otherwise. As a condition to exercising the rights and
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	158	licenses granted hereunder, each Recipient hereby assumes sole responsibility
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	159	to secure any other intellectual property rights needed, if any. For example,
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	160	if a third party patent license is required to allow Recipient to distribute
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	161	the Program, it is Recipient's responsibility to acquire that license before
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	162	distributing the Program.</span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	163
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	164	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>d)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	165	Each Contributor represents that to its knowledge it has sufficient copyright
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	166	rights in its Contribution, if any, to grant the copyright license set forth in
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	167	this Agreement. </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	168
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	169	<p><b><span style='font-size:10.0pt'>3. REQUIREMENTS</span></b> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	170
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	171	<p><span style='font-size:10.0pt'>A Contributor may choose to distribute the
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	172	Program in object code form under its own license agreement, provided that:</span>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	173	</p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	174
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	175	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	176	it complies with the terms and conditions of this Agreement; and</span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	177
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	178	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	179	its license agreement:</span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	180
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	181	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>i)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	182	effectively disclaims on behalf of all Contributors all warranties and
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	183	conditions, express and implied, including warranties or conditions of title
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	184	and non-infringement, and implied warranties or conditions of merchantability
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	185	and fitness for a particular purpose; </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	186
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	187	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>ii)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	188	effectively excludes on behalf of all Contributors all liability for damages,
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	189	including direct, indirect, special, incidental and consequential damages, such
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	190	as lost profits; </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	191
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	192	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iii)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	193	states that any provisions which differ from this Agreement are offered by that
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	194	Contributor alone and not by any other party; and</span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	195
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	196	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>iv)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	197	states that source code for the Program is available from such Contributor, and
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	198	informs licensees how to obtain it in a reasonable manner on or through a
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	199	medium customarily used for software exchange.<span style='color:blue'> </span></span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	200
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	201	<p><span style='font-size:10.0pt'>When the Program is made available in source
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	202	code form:</span> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	203
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	204	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>a)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	205	it must be made available under this Agreement; and </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	206
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	207	<p class=MsoNormal style='margin-left:.5in'><span style='font-size:10.0pt'>b) a
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	208	copy of this Agreement must be included with each copy of the Program. </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	209
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	210	<p><span style='font-size:10.0pt'>Contributors may not remove or alter any
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	211	copyright notices contained within the Program. </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	212
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	213	<p><span style='font-size:10.0pt'>Each Contributor must identify itself as the
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	214	originator of its Contribution, if any, in a manner that reasonably allows
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	215	subsequent Recipients to identify the originator of the Contribution. </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	216
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	217	<p><b><span style='font-size:10.0pt'>4. COMMERCIAL DISTRIBUTION</span></b> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	218
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	219	<p><span style='font-size:10.0pt'>Commercial distributors of software may
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	220	accept certain responsibilities with respect to end users, business partners
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	221	and the like. While this license is intended to facilitate the commercial use
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	222	of the Program, the Contributor who includes the Program in a commercial
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	223	product offering should do so in a manner which does not create potential
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	224	liability for other Contributors. Therefore, if a Contributor includes the
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	225	Program in a commercial product offering, such Contributor ("Commercial
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	226	Contributor") hereby agrees to defend and indemnify every other
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	227	Contributor ("Indemnified Contributor") against any losses, damages and
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	228	costs (collectively "Losses") arising from claims, lawsuits and other
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	229	legal actions brought by a third party against the Indemnified Contributor to
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	230	the extent caused by the acts or omissions of such Commercial Contributor in
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	231	connection with its distribution of the Program in a commercial product
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	232	offering. The obligations in this section do not apply to any claims or Losses
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	233	relating to any actual or alleged intellectual property infringement. In order
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	234	to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	235	Contributor in writing of such claim, and b) allow the Commercial Contributor
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	236	to control, and cooperate with the Commercial Contributor in, the defense and
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	237	any related settlement negotiations. The Indemnified Contributor may participate
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	238	in any such claim at its own expense.</span> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	239
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	240	<p><span style='font-size:10.0pt'>For example, a Contributor might include the
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	241	Program in a commercial product offering, Product X. That Contributor is then a
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	242	Commercial Contributor. If that Commercial Contributor then makes performance
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	243	claims, or offers warranties related to Product X, those performance claims and
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	244	warranties are such Commercial Contributor's responsibility alone. Under this
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	245	section, the Commercial Contributor would have to defend claims against the
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	246	other Contributors related to those performance claims and warranties, and if a
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	247	court requires any other Contributor to pay any damages as a result, the
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	248	Commercial Contributor must pay those damages.</span> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	249
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	250	<p><b><span style='font-size:10.0pt'>5. NO WARRANTY</span></b> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	251
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	252	<p><span style='font-size:10.0pt'>EXCEPT AS EXPRESSLY SET FORTH IN THIS
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	253	AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	254	WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	255	WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	256	MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	257	responsible for determining the appropriateness of using and distributing the
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	258	Program and assumes all risks associated with its exercise of rights under this
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	259	Agreement , including but not limited to the risks and costs of program errors,
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	260	compliance with applicable laws, damage to or loss of data, programs or
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	261	equipment, and unavailability or interruption of operations. </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	262
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	263	<p><b><span style='font-size:10.0pt'>6. DISCLAIMER OF LIABILITY</span></b> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	264
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	265	<p><span style='font-size:10.0pt'>EXCEPT AS EXPRESSLY SET FORTH IN THIS
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	266	AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	267	ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	268	(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	269	OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	270	NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	271	THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	272	THE POSSIBILITY OF SUCH DAMAGES.</span> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	273
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	274	<p><b><span style='font-size:10.0pt'>7. GENERAL</span></b> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	275
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	276	<p><span style='font-size:10.0pt'>If any provision of this Agreement is invalid
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	277	or unenforceable under applicable law, it shall not affect the validity or
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	278	enforceability of the remainder of the terms of this Agreement, and without
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	279	further action by the parties hereto, such provision shall be reformed to the
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	280	minimum extent necessary to make such provision valid and enforceable.</span> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	281
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	282	<p><span style='font-size:10.0pt'>If Recipient institutes patent litigation
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	283	against any entity (including a cross-claim or counterclaim in a lawsuit)
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	284	alleging that the Program itself (excluding combinations of the Program with
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	285	other software or hardware) infringes such Recipient's patent(s), then such
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	286	Recipient's rights granted under Section 2(b) shall terminate as of the date
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	287	such litigation is filed. </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	288
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	289	<p><span style='font-size:10.0pt'>All Recipient's rights under this Agreement
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	290	shall terminate if it fails to comply with any of the material terms or
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	291	conditions of this Agreement and does not cure such failure in a reasonable
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	292	period of time after becoming aware of such noncompliance. If all Recipient's
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	293	rights under this Agreement terminate, Recipient agrees to cease use and
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	294	distribution of the Program as soon as reasonably practicable. However,
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	295	Recipient's obligations under this Agreement and any licenses granted by
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	296	Recipient relating to the Program shall continue and survive. </span></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	297
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	298	<p><span style='font-size:10.0pt'>Everyone is permitted to copy and distribute
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	299	copies of this Agreement, but in order to avoid inconsistency the Agreement is
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	300	copyrighted and may only be modified in the following manner. The Agreement
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	301	Steward reserves the right to publish new versions (including revisions) of
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	302	this Agreement from time to time. No one other than the Agreement Steward has
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	303	the right to modify this Agreement. The Eclipse Foundation is the initial
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	304	Agreement Steward. The Eclipse Foundation may assign the responsibility to
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	305	serve as the Agreement Steward to a suitable separate entity. Each new version
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	306	of the Agreement will be given a distinguishing version number. The Program
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	307	(including Contributions) may always be distributed subject to the version of
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	308	the Agreement under which it was received. In addition, after a new version of
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	309	the Agreement is published, Contributor may elect to distribute the Program
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	310	(including its Contributions) under the new version. Except as expressly stated
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	311	in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	312	the intellectual property of any Contributor under this Agreement, whether
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	313	expressly, by implication, estoppel or otherwise. All rights in the Program not
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	314	expressly granted under this Agreement are reserved.</span> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	315
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	316	<p><span style='font-size:10.0pt'>This Agreement is governed by the laws of the
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	317	State of New York and the intellectual property laws of the United States of
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	318	America. No party to this Agreement will bring a legal action under this
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	319	Agreement more than one year after the cause of action arose. Each party waives
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	320	its rights to a jury trial in any resulting litigation.</span> </p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	321
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	322	<p class=MsoNormal><![if !supportEmptyParas]> <![endif]><o:p></o:p></p>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	323
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	324	</div>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	325
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	326	</body>
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	327
82d1d1de1a01 import Carbide.c++ cawthron parents: diff changeset	328	</html>

author	cawthron
	Wed, 18 Mar 2009 17:21:00 -0500
changeset 1	82d1d1de1a01
permissions	-rw-r--r--