Format: https://www.debian.org/doc/packaging-manuals/copyright-format/1.0/
Upstream-Name: Eclipse Modeling Framework
Files-Excluded: doc/org.eclipse.emf.doc/tutorials/jet*
Comment:
JET tutorials located at doc/org.eclipse.emf.doc/tutorials/jet{1,2}/
were removed due to unclear licensing.
Files: *
Copyright: 2001-2012, Ed Merks
2000-2019, IBM Corporation
2009-2011, BestSolution.at
2007, Brad Reynolds
2014, CEA
2011-2019, Eclipse Contributors
2002-2008, Embarcadero Technologies
2008-2012, Hallvard Traetteberg
2010, JBoss by Red Hat
2006, Jesper Steen Mller
2009-2018, Kenn Hussey
2008-2009, Matthew Hall
2013, Obeo
2015, 2019, THALES GLOBAL SERVICES
2009, TIBCO Software Inc
1999-2010, The Apache Software Foundation
2008-2009, Tom Schindl
2008, Tonbeller AG
2008-2010, Zeligsoft Inc
2009-2014, itemis AG
License: EPL-2.0
Files: examples/org.eclipse.emf.examples.databinding.project.core.model/src/*
examples/org.eclipse.emf.examples.databinding.project.core/src/*
examples/org.eclipse.emf.examples.databinding.project.ui.rcp/src/org/eclipse/emf/example/databinding/project/ui/rcp/Activator.java
examples/org.eclipse.emf.examples.databinding.project.ui.rcp/src/org/eclipse/emf/example/databinding/project/ui/rcp/Application.java
examples/org.eclipse.emf.examples.databinding.project.ui.rcp/src/org/eclipse/emf/example/databinding/project/ui/rcp/ApplicationActionBarAdvisor.java
examples/org.eclipse.emf.examples.databinding.project.ui.rcp/src/org/eclipse/emf/example/databinding/project/ui/rcp/ApplicationWorkbenchAdvisor.java
examples/org.eclipse.emf.examples.databinding.project.ui.rcp/src/org/eclipse/emf/example/databinding/project/ui/rcp/ApplicationWorkbenchWindowAdvisor.java
examples/org.eclipse.emf.examples.databinding.project.ui.rcp/src/org/eclipse/emf/example/databinding/project/ui/rcp/NLSMessages.java
examples/org.eclipse.emf.examples.databinding.project.ui.rcp/src/org/eclipse/emf/example/databinding/project/ui/rcp/Perspective.java
examples/org.eclipse.emf.examples.databinding.project.ui.rcp/src/org/eclipse/emf/example/databinding/project/ui/rcp/ResourceProvider.java
examples/org.eclipse.emf.examples.databinding.project.ui.rcp/src/org/eclipse/emf/example/databinding/project/ui/rcp/databinding/*
examples/org.eclipse.emf.examples.databinding.project.ui.rcp/src/org/eclipse/emf/example/databinding/project/ui/rcp/dialogs/*
examples/org.eclipse.emf.examples.databinding.project.ui.rcp/src/org/eclipse/emf/example/databinding/project/ui/rcp/handlers/*
examples/org.eclipse.emf.examples.databinding.project.ui.rcp/src/org/eclipse/emf/example/databinding/project/ui/rcp/views/*
plugins/org.eclipse.emf.databinding.edit/src/org/eclipse/emf/databinding/edit/internal/EMFEditResourceContentProperty.java
plugins/org.eclipse.emf.databinding/src/org/eclipse/emf/databinding/internal/DelegatingSet.java
plugins/org.eclipse.emf.databinding/src/org/eclipse/emf/databinding/internal/EMFResourceContentProperty.java
plugins/org.eclipse.emf.ecore/src/org/eclipse/emf/ecore/util/QueryDelegate.java
plugins/org.eclipse.emf.edit.ui/src/org/eclipse/emf/edit/ui/util/QueryDelegateTextViewer.java
plugins/org.eclipse.emf.oda.ecore.ui/src/*
plugins/org.eclipse.emf.oda.ecore/src/*
tests/org.eclipse.emf.test.databinding.edit/plugin.properties
tests/org.eclipse.emf.test.databinding.edit/src/*
tests/org.eclipse.emf.test.databinding/plugin.properties
tests/org.eclipse.emf.test.databinding/src/org/eclipse/emf/test/databinding/EMFPropertiesTest.java
tests/org.eclipse.emf.test.databinding/src/org/eclipse/emf/test/databinding/emfdb/A.java
tests/org.eclipse.emf.test.databinding/src/org/eclipse/emf/test/databinding/emfdb/B.java
tests/org.eclipse.emf.test.databinding/src/org/eclipse/emf/test/databinding/emfdb/EmfdbFactory.java
tests/org.eclipse.emf.test.databinding/src/org/eclipse/emf/test/databinding/emfdb/EmfdbPackage.java
tests/org.eclipse.emf.test.databinding/src/org/eclipse/emf/test/databinding/emfdb/impl/AImpl.java
tests/org.eclipse.emf.test.databinding/src/org/eclipse/emf/test/databinding/emfdb/impl/BImpl.java
tests/org.eclipse.emf.test.databinding/src/org/eclipse/emf/test/databinding/emfdb/impl/EmfdbFactoryImpl.java
tests/org.eclipse.emf.test.databinding/src/org/eclipse/emf/test/databinding/emfdb/impl/EmfdbPackageImpl.java
tests/org.eclipse.emf.test.databinding/src/org/eclipse/emf/test/databinding/emfdb/util/*
Copyright: 2009, BestSolution.at
2005, IBM Corporation
2010-2012, Kenn Hussey
License: CPL-1
Files: plugins/org.eclipse.emf.ecore/src/org/eclipse/emf/ecore/xml/type/internal/DataValue.java
plugins/org.eclipse.emf.ecore/src/org/eclipse/emf/ecore/xml/type/internal/XMLCalendar.java
plugins/org.eclipse.emf.ecore/src/org/eclipse/emf/ecore/xml/type/internal/XMLDuration.java
plugins/org.eclipse.emf.gwt.ecore/src/org/eclipse/emf/ecore/xml/type/internal/*
Copyright: 1999-2010, IBM Corporation
1999-2004, The Apache Software Foundation
License: Apache-1.1
Files: plugins/org.eclipse.emf.ecore/plugin.properties
plugins/org.eclipse.emf.ecore/src/org/eclipse/emf/ecore/xml/type/internal/RegEx.java
Copyright: 2017, Eclipse contributors
1999-2010, IBM Corporation
1999, Sun Microsystems
1999-2010, The Apache Software Foundation
License: Apache-2.0
Files: debian/*
Copyright: 2010-2018, Debian Java Team
License: Apache-2.0
License: Apache-1.1
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
.
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
.
3. The end-user documentation included with the redistribution,
if any, must include the following acknowledgment:
"This product includes software developed by the
Apache Software Foundation (http://www.apache.org/)."
Alternately, this acknowledgment may appear in the software itself,
if and wherever such third-party acknowledgments normally appear.
.
4. The names "Axis" and "Apache Software Foundation" must
not be used to endorse or promote products derived from this
software without prior written permission. For written
permission, please contact apache@apache.org.
.
5. Products derived from this software may not be called "Apache",
nor may "Apache" appear in their name, without prior written
permission of the Apache Software Foundation.
.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
License: Apache-2.0
On Debian systems, the full text of the Apache-2.0 license
can be found in the file '/usr/share/common-licenses/Apache-2.0'
License: CPL-1
Common Public License - v 1.0
.
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON 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 a Contributor with respect to
a patent applicable to software (including a cross-claim or counterclaim in a
lawsuit), then any patent licenses granted by that Contributor to such
Recipient under this Agreement shall terminate as of the date such litigation
is filed. In addition, 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.
IBM is the initial Agreement Steward. IBM 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.
License: EPL-2.0
Eclipse Public License - v 2.0
.
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 content
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 changes or additions to the Program that
are not Modified Works.
.
"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
or any Secondary License (as applicable), including Contributors.
.
"Derivative Works" shall mean any work, whether in Source Code or other
form, that is based on (or derived from) the Program and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship.
.
"Modified Works" shall mean any work in Source Code or other form that
results from an addition to, deletion from, or modification of the
contents of the Program, including, for purposes of clarity any new file
in Source Code form that contains any contents of the Program. Modified
Works shall not include works that contain only declarations,
interfaces, types, classes, structures, or files of the Program solely
in each case in order to link to, bind by name, or subclass the Program
or Modified Works thereof.
.
"Distribute" means the acts of a) distributing or b) making available
in any manner that enables the transfer of a copy.
.
"Source Code" means the form of a Program preferred for making
modifications, including but not limited to software source code,
documentation source, and configuration files.
.
"Secondary License" means either the GNU General Public License,
Version 2.0, or any later versions of that license, including any
exceptions or additional permissions as identified by the initial
Contributor.
.
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.
.
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 or other 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.
.
e) Notwithstanding the terms of any Secondary License, no
Contributor makes additional grants to any Recipient (other than
those set forth in this Agreement) as a result of such Recipient's
receipt of the Program under the terms of a Secondary License
(if permitted under the terms of Section 3).
.
3. REQUIREMENTS
.
3.1 If a Contributor Distributes the Program in any form, then:
.
a) the Program must also be made available as Source Code, in
accordance with section 3.2, and the Contributor must accompany
the Program with a statement that the Source Code for the Program
is available under this Agreement, and informs Recipients how to
obtain it in a reasonable manner on or through a medium customarily
used for software exchange; and
.
b) the Contributor may Distribute the Program under a license
different than this Agreement, provided that such license:
i) effectively disclaims on behalf of all other 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 other Contributors all
liability for damages, including direct, indirect, special,
incidental and consequential damages, such as lost profits;
.
iii) does not attempt to limit or alter the recipients' rights
in the Source Code under section 3.2; and
.
iv) requires any subsequent distribution of the Program by any
party to be under a license that satisfies the requirements
of this section 3.
.
3.2 When the Program is Distributed as Source Code:
.
a) it must be made available under this Agreement, or if the
Program (i) is combined with other material in a separate file or
files made available under a Secondary License, and (ii) the initial
Contributor attached to the Source Code the notice described in
Exhibit A of this Agreement, then the Program may be made available
under the terms of such Secondary Licenses, and
.
b) a copy of this Agreement must be included with each copy of
the Program.
.
3.3 Contributors may not remove or alter any copyright, patent,
trademark, attribution notices, disclaimers of warranty, or limitations
of liability ("notices") contained within the Program from any copy of
the Program which they Distribute, provided that Contributors may add
their own appropriate notices.
.
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, AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, 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, AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, 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. Nothing in this Agreement is intended
to be enforceable by any entity that is not a Contributor or Recipient.
No third-party beneficiary rights are created under this Agreement.
.
Exhibit A - Form of Secondary Licenses Notice
.
"This Source Code may also be made available under the following
Secondary Licenses when the conditions for such availability set forth
in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
version(s), and exceptions or additional permissions here}."
.
Simply including a copy of this Agreement, including this Exhibit A
is not sufficient to license the Source Code under Secondary Licenses.
.
If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to
look for such a notice.
.
You may add additional accurate notices of copyright ownership.