diff options
author | Derrell Lipman <derrell@samba.org> | 2007-02-06 03:23:52 +0000 |
---|---|---|
committer | Gerald (Jerry) Carter <jerry@samba.org> | 2007-10-10 14:44:34 -0500 |
commit | ef256c958066c19bb10cbe9745bdf96b6514762d (patch) | |
tree | dbe379cb3021c5af2d1b8f74528e4fff968fc712 /webapps/qooxdoo-0.6.5-sdk/LICENSE | |
parent | a8d0f5df6266aeacdb20326094c0401618ab62e8 (diff) | |
download | samba-ef256c958066c19bb10cbe9745bdf96b6514762d.tar.gz samba-ef256c958066c19bb10cbe9745bdf96b6514762d.tar.bz2 samba-ef256c958066c19bb10cbe9745bdf96b6514762d.zip |
r21167: - Upgrade to latest released qooxdoo. This is step 1 of the upgrade process,
which involves adding the latest SDK. This new version has not 2, but 4
icon themes. In order to quiet Andrew B. who thinks that 9000+ files in a
gui api is too many (come on, disk space is free these days :-), I have
removed 3 of the 4 icon themes, leaving only the default, Nuvola. That
lowers the file count by 1/3. I'm sure Andrew still isn't happy, but I hope
he's a bit happier... Step 2 will make him happier yet.
(This used to be commit d161c1382c36238105b85d0499d5a1011f580f52)
Diffstat (limited to 'webapps/qooxdoo-0.6.5-sdk/LICENSE')
-rw-r--r-- | webapps/qooxdoo-0.6.5-sdk/LICENSE | 778 |
1 files changed, 778 insertions, 0 deletions
diff --git a/webapps/qooxdoo-0.6.5-sdk/LICENSE b/webapps/qooxdoo-0.6.5-sdk/LICENSE new file mode 100644 index 0000000000..aa127454a5 --- /dev/null +++ b/webapps/qooxdoo-0.6.5-sdk/LICENSE @@ -0,0 +1,778 @@ +qooxdoo Licensing Information +============================= + +qooxdoo may be used under the terms of either the + + * GNU Lesser General Public License (LGPL) + http://www.gnu.org/licenses/lgpl.html + +or the + + * Eclipse Public License (EPL) + http://www.eclipse.org/org/documents/epl-v10.php + +As a recipient of qooxdoo, you may choose which license to receive the code +under. Certain files or entire directories may not be covered by this +dual license, but are subject to licenses compatible to both LGPL and EPL. +License exceptions are explicitly declared in all relevant files or in a +LICENSE file in the relevant directories. + +________________________________________________________________________________ + +Important Note For Projects That Need To Comply With EPL: +--------------------------------------------------------- + +The qooxdoo default icon theme ("Nuvola") is available only under the LGPL. +Therefore, you have to select another icon theme that is compatible to EPL. + +You may do so by switching to another default icon theme: +in class qx.manager.object.ImageManager, which is declared in file +frontend/framework/source/class/qx/manager/object/ImageManager.js, change +the following line + qx.Settings.setDefault("iconTheme", "qx.theme.icon.Nuvola"); +to either + qx.Settings.setDefault("iconTheme", "qx.theme.icon.NuoveXT"); +or + qx.Settings.setDefault("iconTheme", "qx.theme.icon.VistaInspirate"); +or to a custom icon theme that is license-compatible. +________________________________________________________________________________ + + +The full text of the LGPL and EPL licenses is attached below. + +******************************************************************************** + + GNU LESSER GENERAL PUBLIC LICENSE + Version 2.1, February 1999 + + Copyright (C) 1991, 1999 Free Software Foundation, Inc. + 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA + Everyone is permitted to copy and distribute verbatim copies + of this license document, but changing it is not allowed. + +[This is the first released version of the Lesser GPL. It also counts + as the successor of the GNU Library Public License, version 2, hence + the version number 2.1.] + + Preamble + + The licenses for most software are designed to take away your +freedom to share and change it. By contrast, the GNU General Public +Licenses are intended to guarantee your freedom to share and change +free software--to make sure the software is free for all its users. + + This license, the Lesser General Public License, applies to some +specially designated software packages--typically libraries--of the +Free Software Foundation and other authors who decide to use it. You +can use it too, but we suggest you first think carefully about whether +this license or the ordinary General Public License is the better +strategy to use in any particular case, based on the explanations below. + + When we speak of free software, we are referring to freedom of use, +not price. Our General Public Licenses are designed to make sure that +you have the freedom to distribute copies of free software (and charge +for this service if you wish); that you receive source code or can get +it if you want it; that you can change the software and use pieces of +it in new free programs; and that you are informed that you can do +these things. + + To protect your rights, we need to make restrictions that forbid +distributors to deny you these rights or to ask you to surrender these +rights. These restrictions translate to certain responsibilities for +you if you distribute copies of the library or if you modify it. + + For example, if you distribute copies of the library, whether gratis +or for a fee, you must give the recipients all the rights that we gave +you. You must make sure that they, too, receive or can get the source +code. If you link other code with the library, you must provide +complete object files to the recipients, so that they can relink them +with the library after making changes to the library and recompiling +it. And you must show them these terms so they know their rights. + + We protect your rights with a two-step method: (1) we copyright the +library, and (2) we offer you this license, which gives you legal +permission to copy, distribute and/or modify the library. + + To protect each distributor, we want to make it very clear that +there is no warranty for the free library. Also, if the library is +modified by someone else and passed on, the recipients should know +that what they have is not the original version, so that the original +author's reputation will not be affected by problems that might be +introduced by others. + + Finally, software patents pose a constant threat to the existence of +any free program. We wish to make sure that a company cannot +effectively restrict the users of a free program by obtaining a +restrictive license from a patent holder. Therefore, we insist that +any patent license obtained for a version of the library must be +consistent with the full freedom of use specified in this license. + + Most GNU software, including some libraries, is covered by the +ordinary GNU General Public License. This license, the GNU Lesser +General Public License, applies to certain designated libraries, and +is quite different from the ordinary General Public License. We use +this license for certain libraries in order to permit linking those +libraries into non-free programs. + + When a program is linked with a library, whether statically or using +a shared library, the combination of the two is legally speaking a +combined work, a derivative of the original library. The ordinary +General Public License therefore permits such linking only if the +entire combination fits its criteria of freedom. The Lesser General +Public License permits more lax criteria for linking other code with +the library. + + We call this license the "Lesser" General Public License because it +does Less to protect the user's freedom than the ordinary General +Public License. It also provides other free software developers Less +of an advantage over competing non-free programs. These disadvantages +are the reason we use the ordinary General Public License for many +libraries. However, the Lesser license provides advantages in certain +special circumstances. + + For example, on rare occasions, there may be a special need to +encourage the widest possible use of a certain library, so that it becomes +a de-facto standard. To achieve this, non-free programs must be +allowed to use the library. A more frequent case is that a free +library does the same job as widely used non-free libraries. In this +case, there is little to gain by limiting the free library to free +software only, so we use the Lesser General Public License. + + In other cases, permission to use a particular library in non-free +programs enables a greater number of people to use a large body of +free software. For example, permission to use the GNU C Library in +non-free programs enables many more people to use the whole GNU +operating system, as well as its variant, the GNU/Linux operating +system. + + Although the Lesser General Public License is Less protective of the +users' freedom, it does ensure that the user of a program that is +linked with the Library has the freedom and the wherewithal to run +that program using a modified version of the Library. + + The precise terms and conditions for copying, distribution and +modification follow. Pay close attention to the difference between a +"work based on the library" and a "work that uses the library". The +former contains code derived from the library, whereas the latter must +be combined with the library in order to run. + + GNU LESSER GENERAL PUBLIC LICENSE + TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION + + 0. This License Agreement applies to any software library or other +program which contains a notice placed by the copyright holder or +other authorized party saying it may be distributed under the terms of +this Lesser General Public License (also called "this License"). +Each licensee is addressed as "you". + + A "library" means a collection of software functions and/or data +prepared so as to be conveniently linked with application programs +(which use some of those functions and data) to form executables. + + The "Library", below, refers to any such software library or work +which has been distributed under these terms. A "work based on the +Library" means either the Library or any derivative work under +copyright law: that is to say, a work containing the Library or a +portion of it, either verbatim or with modifications and/or translated +straightforwardly into another language. (Hereinafter, translation is +included without limitation in the term "modification".) + + "Source code" for a work means the preferred form of the work for +making modifications to it. For a library, complete source code means +all the source code for all modules it contains, plus any associated +interface definition files, plus the scripts used to control compilation +and installation of the library. + + Activities other than copying, distribution and modification are not +covered by this License; they are outside its scope. The act of +running a program using the Library is not restricted, and output from +such a program is covered only if its contents constitute a work based +on the Library (independent of the use of the Library in a tool for +writing it). Whether that is true depends on what the Library does +and what the program that uses the Library does. + + 1. You may copy and distribute verbatim copies of the Library's +complete source code as you receive it, in any medium, provided that +you conspicuously and appropriately publish on each copy an +appropriate copyright notice and disclaimer of warranty; keep intact +all the notices that refer to this License and to the absence of any +warranty; and distribute a copy of this License along with the +Library. + + You may charge a fee for the physical act of transferring a copy, +and you may at your option offer warranty protection in exchange for a +fee. + + 2. You may modify your copy or copies of the Library or any portion +of it, thus forming a work based on the Library, and copy and +distribute such modifications or work under the terms of Section 1 +above, provided that you also meet all of these conditions: + + a) The modified work must itself be a software library. + + b) You must cause the files modified to carry prominent notices + stating that you changed the files and the date of any change. + + c) You must cause the whole of the work to be licensed at no + charge to all third parties under the terms of this License. + + d) If a facility in the modified Library refers to a function or a + table of data to be supplied by an application program that uses + the facility, other than as an argument passed when the facility + is invoked, then you must make a good faith effort to ensure that, + in the event an application does not supply such function or + table, the facility still operates, and performs whatever part of + its purpose remains meaningful. + + (For example, a function in a library to compute square roots has + a purpose that is entirely well-defined independent of the + application. Therefore, Subsection 2d requires that any + application-supplied function or table used by this function must + be optional: if the application does not supply it, the square + root function must still compute square roots.) + +These requirements apply to the modified work as a whole. If +identifiable sections of that work are not derived from the Library, +and can be reasonably considered independent and separate works in +themselves, then this License, and its terms, do not apply to those +sections when you distribute them as separate works. But when you +distribute the same sections as part of a whole which is a work based +on the Library, the distribution of the whole must be on the terms of +this License, whose permissions for other licensees extend to the +entire whole, and thus to each and every part regardless of who wrote +it. + +Thus, it is not the intent of this section to claim rights or contest +your rights to work written entirely by you; rather, the intent is to +exercise the right to control the distribution of derivative or +collective works based on the Library. + +In addition, mere aggregation of another work not based on the Library +with the Library (or with a work based on the Library) on a volume of +a storage or distribution medium does not bring the other work under +the scope of this License. + + 3. You may opt to apply the terms of the ordinary GNU General Public +License instead of this License to a given copy of the Library. To do +this, you must alter all the notices that refer to this License, so +that they refer to the ordinary GNU General Public License, version 2, +instead of to this License. (If a newer version than version 2 of the +ordinary GNU General Public License has appeared, then you can specify +that version instead if you wish.) Do not make any other change in +these notices. + + Once this change is made in a given copy, it is irreversible for +that copy, so the ordinary GNU General Public License applies to all +subsequent copies and derivative works made from that copy. + + This option is useful when you wish to copy part of the code of +the Library into a program that is not a library. + + 4. You may copy and distribute the Library (or a portion or +derivative of it, under Section 2) in object code or executable form +under the terms of Sections 1 and 2 above provided that you accompany +it with the complete corresponding machine-readable source code, which +must be distributed under the terms of Sections 1 and 2 above on a +medium customarily used for software interchange. + + If distribution of object code is made by offering access to copy +from a designated place, then offering equivalent access to copy the +source code from the same place satisfies the requirement to +distribute the source code, even though third parties are not +compelled to copy the source along with the object code. + + 5. A program that contains no derivative of any portion of the +Library, but is designed to work with the Library by being compiled or +linked with it, is called a "work that uses the Library". Such a +work, in isolation, is not a derivative work of the Library, and +therefore falls outside the scope of this License. + + However, linking a "work that uses the Library" with the Library +creates an executable that is a derivative of the Library (because it +contains portions of the Library), rather than a "work that uses the +library". The executable is therefore covered by this License. +Section 6 states terms for distribution of such executables. + + When a "work that uses the Library" uses material from a header file +that is part of the Library, the object code for the work may be a +derivative work of the Library even though the source code is not. +Whether this is true is especially significant if the work can be +linked without the Library, or if the work is itself a library. The +threshold for this to be true is not precisely defined by law. + + If such an object file uses only numerical parameters, data +structure layouts and accessors, and small macros and small inline +functions (ten lines or less in length), then the use of the object +file is unrestricted, regardless of whether it is legally a derivative +work. (Executables containing this object code plus portions of the +Library will still fall under Section 6.) + + Otherwise, if the work is a derivative of the Library, you may +distribute the object code for the work under the terms of Section 6. +Any executables containing that work also fall under Section 6, +whether or not they are linked directly with the Library itself. + + 6. As an exception to the Sections above, you may also combine or +link a "work that uses the Library" with the Library to produce a +work containing portions of the Library, and distribute that work +under terms of your choice, provided that the terms permit +modification of the work for the customer's own use and reverse +engineering for debugging such modifications. + + You must give prominent notice with each copy of the work that the +Library is used in it and that the Library and its use are covered by +this License. You must supply a copy of this License. If the work +during execution displays copyright notices, you must include the +copyright notice for the Library among them, as well as a reference +directing the user to the copy of this License. Also, you must do one +of these things: + + a) Accompany the work with the complete corresponding + machine-readable source code for the Library including whatever + changes were used in the work (which must be distributed under + Sections 1 and 2 above); and, if the work is an executable linked + with the Library, with the complete machine-readable "work that + uses the Library", as object code and/or source code, so that the + user can modify the Library and then relink to produce a modified + executable containing the modified Library. (It is understood + that the user who changes the contents of definitions files in the + Library will not necessarily be able to recompile the application + to use the modified definitions.) + + b) Use a suitable shared library mechanism for linking with the + Library. A suitable mechanism is one that (1) uses at run time a + copy of the library already present on the user's computer system, + rather than copying library functions into the executable, and (2) + will operate properly with a modified version of the library, if + the user installs one, as long as the modified version is + interface-compatible with the version that the work was made with. + + c) Accompany the work with a written offer, valid for at + least three years, to give the same user the materials + specified in Subsection 6a, above, for a charge no more + than the cost of performing this distribution. + + d) If distribution of the work is made by offering access to copy + from a designated place, offer equivalent access to copy the above + specified materials from the same place. + + e) Verify that the user has already received a copy of these + materials or that you have already sent this user a copy. + + For an executable, the required form of the "work that uses the +Library" must include any data and utility programs needed for +reproducing the executable from it. However, as a special exception, +the materials to be distributed need not include anything that is +normally distributed (in either source or binary form) with the major +components (compiler, kernel, and so on) of the operating system on +which the executable runs, unless that component itself accompanies +the executable. + + It may happen that this requirement contradicts the license +restrictions of other proprietary libraries that do not normally +accompany the operating system. Such a contradiction means you cannot +use both them and the Library together in an executable that you +distribute. + + 7. You may place library facilities that are a work based on the +Library side-by-side in a single library together with other library +facilities not covered by this License, and distribute such a combined +library, provided that the separate distribution of the work based on +the Library and of the other library facilities is otherwise +permitted, and provided that you do these two things: + + a) Accompany the combined library with a copy of the same work + based on the Library, uncombined with any other library + facilities. This must be distributed under the terms of the + Sections above. + + b) Give prominent notice with the combined library of the fact + that part of it is a work based on the Library, and explaining + where to find the accompanying uncombined form of the same work. + + 8. You may not copy, modify, sublicense, link with, or distribute +the Library except as expressly provided under this License. Any +attempt otherwise to copy, modify, sublicense, link with, or +distribute the Library is void, and will automatically terminate your +rights under this License. However, parties who have received copies, +or rights, from you under this License will not have their licenses +terminated so long as such parties remain in full compliance. + + 9. You are not required to accept this License, since you have not +signed it. However, nothing else grants you permission to modify or +distribute the Library or its derivative works. These actions are +prohibited by law if you do not accept this License. Therefore, by +modifying or distributing the Library (or any work based on the +Library), you indicate your acceptance of this License to do so, and +all its terms and conditions for copying, distributing or modifying +the Library or works based on it. + + 10. Each time you redistribute the Library (or any work based on the +Library), the recipient automatically receives a license from the +original licensor to copy, distribute, link with or modify the Library +subject to these terms and conditions. You may not impose any further +restrictions on the recipients' exercise of the rights granted herein. +You are not responsible for enforcing compliance by third parties with +this License. + + 11. If, as a consequence of a court judgment or allegation of patent +infringement or for any other reason (not limited to patent issues), +conditions are imposed on you (whether by court order, agreement or +otherwise) that contradict the conditions of this License, they do not +excuse you from the conditions of this License. If you cannot +distribute so as to satisfy simultaneously your obligations under this +License and any other pertinent obligations, then as a consequence you +may not distribute the Library at all. For example, if a patent +license would not permit royalty-free redistribution of the Library by +all those who receive copies directly or indirectly through you, then +the only way you could satisfy both it and this License would be to +refrain entirely from distribution of the Library. + +If any portion of this section is held invalid or unenforceable under any +particular circumstance, the balance of the section is intended to apply, +and the section as a whole is intended to apply in other circumstances. + +It is not the purpose of this section to induce you to infringe any +patents or other property right claims or to contest validity of any +such claims; this section has the sole purpose of protecting the +integrity of the free software distribution system which is +implemented by public license practices. Many people have made +generous contributions to the wide range of software distributed +through that system in reliance on consistent application of that +system; it is up to the author/donor to decide if he or she is willing +to distribute software through any other system and a licensee cannot +impose that choice. + +This section is intended to make thoroughly clear what is believed to +be a consequence of the rest of this License. + + 12. If the distribution and/or use of the Library is restricted in +certain countries either by patents or by copyrighted interfaces, the +original copyright holder who places the Library under this License may add +an explicit geographical distribution limitation excluding those countries, +so that distribution is permitted only in or among countries not thus +excluded. In such case, this License incorporates the limitation as if +written in the body of this License. + + 13. The Free Software Foundation may publish revised and/or new +versions of the Lesser General Public License from time to time. +Such new versions will be similar in spirit to the present version, +but may differ in detail to address new problems or concerns. + +Each version is given a distinguishing version number. If the Library +specifies a version number of this License which applies to it and +"any later version", you have the option of following the terms and +conditions either of that version or of any later version published by +the Free Software Foundation. If the Library does not specify a +license version number, you may choose any version ever published by +the Free Software Foundation. + + 14. If you wish to incorporate parts of the Library into other free +programs whose distribution conditions are incompatible with these, +write to the author to ask for permission. For software which is +copyrighted by the Free Software Foundation, write to the Free +Software Foundation; we sometimes make exceptions for this. Our +decision will be guided by the two goals of preserving the free status +of all derivatives of our free software and of promoting the sharing +and reuse of software generally. + + NO WARRANTY + + 15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO +WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. +EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR +OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY +KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE +IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR +PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE +LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME +THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. + + 16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN +WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY +AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU +FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR +CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE +LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING +RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A +FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF +SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH +DAMAGES. + + END OF TERMS AND CONDITIONS + + How to Apply These Terms to Your New Libraries + + If you develop a new library, and you want it to be of the greatest +possible use to the public, we recommend making it free software that +everyone can redistribute and change. You can do so by permitting +redistribution under these terms (or, alternatively, under the terms of the +ordinary General Public License). + + To apply these terms, attach the following notices to the library. It is +safest to attach them to the start of each source file to most effectively +convey the exclusion of warranty; and each file should have at least the +"copyright" line and a pointer to where the full notice is found. + + <one line to give the library's name and a brief idea of what it does.> + Copyright (C) <year> <name of author> + + This library is free software; you can redistribute it and/or + modify it under the terms of the GNU Lesser General Public + License as published by the Free Software Foundation; either + version 2.1 of the License, or (at your option) any later version. + + This library is distributed in the hope that it will be useful, + but WITHOUT ANY WARRANTY; without even the implied warranty of + MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU + Lesser General Public License for more details. + + You should have received a copy of the GNU Lesser General Public + License along with this library; if not, write to the Free Software + Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA + +Also add information on how to contact you by electronic and paper mail. + +You should also get your employer (if you work as a programmer) or your +school, if any, to sign a "copyright disclaimer" for the library, if +necessary. Here is a sample; alter the names: + + Yoyodyne, Inc., hereby disclaims all copyright interest in the + library `Frob' (a library for tweaking knobs) written by James Random Hacker. + + <signature of Ty Coon>, 1 April 1990 + Ty Coon, President of Vice + +That's all there is to it! + +******************************************************************************** +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. + +******************************************************************************** +END OF FILE |