+++ /dev/null
-Eclipse Public License - v 1.0
-
-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.
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-1. DEFINITIONS
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-"Contribution" means:
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-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;
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- 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.
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-"Contributor" means any person or entity that distributes the Program.
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-"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.
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-"Program" means the Contributions distributed in accordance with this
-Agreement.
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-"Recipient" means anyone who receives the Program under this Agreement,
-including all Contributors.
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-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
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- 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.
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-3. REQUIREMENTS
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-A Contributor may choose to distribute the Program in object code form under
-its own license agreement, provided that:
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- 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.
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-When the Program is made available in source code form:
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- 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.
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-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.
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-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.
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-5. NO WARRANTY
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-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
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-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.
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-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.
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-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.
projects / deliverable / titan.core.git / blobdiff