diff options
Diffstat (limited to 'webapps/qooxdoo-0.6.5-sdk/LICENSE')
| -rw-r--r-- | webapps/qooxdoo-0.6.5-sdk/LICENSE | 778 |
1 files changed, 0 insertions, 778 deletions
diff --git a/webapps/qooxdoo-0.6.5-sdk/LICENSE b/webapps/qooxdoo-0.6.5-sdk/LICENSE deleted file mode 100644 index aa127454a5..0000000000 --- a/webapps/qooxdoo-0.6.5-sdk/LICENSE +++ /dev/null @@ -1,778 +0,0 @@ -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 |