path: root/LICENSE_clp.txt

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.