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authorIgor Pashev <pashev.igor@gmail.com>2012-06-24 22:28:35 +0000
committerIgor Pashev <pashev.igor@gmail.com>2012-06-24 22:28:35 +0000
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downloadksh-3950ffe2a485479f6561c27364d3d7df5a21d124.tar.gz
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++------------------------------------------------------------------------------+
+| This license covers all software that refers to the URL |
+| http://www.eclipse.org/org/documents/epl-v10.html |
++------------------------------------------------------------------------------+
+
+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.