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diff --git a/LICENSE_clp.txt b/LICENSE_clp.txt new file mode 100644 index 0000000..744d6f3 --- /dev/null +++ b/LICENSE_clp.txt @@ -0,0 +1,239 @@ +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. + +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. |