NOTICE_org-eclipse-core-commands-3.6.0.jar.txt revision 4c3b19c11bed6972f2ebf758af4025607b41b11b
1============================================================ 2Notices for file(s): 3org-eclipse-core-commands-3.6.0.jar 4------------------------------------------------------------ 5 6 Eclipse Public License - v 1.0 7 8THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE 9PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF 10THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 11 12*1. DEFINITIONS* 13 14"Contribution" means: 15 16a) in the case of the initial Contributor, the initial code and 17documentation distributed under this Agreement, and 18 19b) in the case of each subsequent Contributor: 20 21i) changes to the Program, and 22 23ii) additions to the Program; 24 25where such changes and/or additions to the Program originate from and 26are distributed by that particular Contributor. A Contribution 27'originates' from a Contributor if it was added to the Program by such 28Contributor itself or anyone acting on such Contributor's behalf. 29Contributions do not include additions to the Program which: (i) are 30separate modules of software distributed in conjunction with the Program 31under their own license agreement, and (ii) are not derivative works of 32the Program. 33 34"Contributor" means any person or entity that distributes the Program. 35 36"Licensed Patents" mean patent claims licensable by a Contributor which 37are necessarily infringed by the use or sale of its Contribution alone 38or when combined with the Program. 39 40"Program" means the Contributions distributed in accordance with this 41Agreement. 42 43"Recipient" means anyone who receives the Program under this Agreement, 44including all Contributors. 45 46*2. GRANT OF RIGHTS* 47 48a) Subject to the terms of this Agreement, each Contributor hereby 49grants Recipient a non-exclusive, worldwide, royalty-free copyright 50license to reproduce, prepare derivative works of, publicly display, 51publicly perform, distribute and sublicense the Contribution of such 52Contributor, if any, and such derivative works, in source code and 53object code form. 54 55b) Subject to the terms of this Agreement, each Contributor hereby 56grants Recipient a non-exclusive, worldwide, royalty-free patent license 57under Licensed Patents to make, use, sell, offer to sell, import and 58otherwise transfer the Contribution of such Contributor, if any, in 59source code and object code form. This patent license shall apply to the 60combination of the Contribution and the Program if, at the time the 61Contribution is added by the Contributor, such addition of the 62Contribution causes such combination to be covered by the Licensed 63Patents. The patent license shall not apply to any other combinations 64which include the Contribution. No hardware per se is licensed hereunder. 65 66c) Recipient understands that although each Contributor grants the 67licenses to its Contributions set forth herein, no assurances are 68provided by any Contributor that the Program does not infringe the 69patent or other intellectual property rights of any other entity. Each 70Contributor disclaims any liability to Recipient for claims brought by 71any other entity based on infringement of intellectual property rights 72or otherwise. As a condition to exercising the rights and licenses 73granted hereunder, each Recipient hereby assumes sole responsibility to 74secure any other intellectual property rights needed, if any. For 75example, if a third party patent license is required to allow Recipient 76to distribute the Program, it is Recipient's responsibility to acquire 77that license before distributing the Program. 78 79d) Each Contributor represents that to its knowledge it has sufficient 80copyright rights in its Contribution, if any, to grant the copyright 81license set forth in this Agreement. 82 83*3. REQUIREMENTS* 84 85A Contributor may choose to distribute the Program in object code form 86under its own license agreement, provided that: 87 88a) it complies with the terms and conditions of this Agreement; and 89 90b) its license agreement: 91 92i) effectively disclaims on behalf of all Contributors all warranties 93and conditions, express and implied, including warranties or conditions 94of title and non-infringement, and implied warranties or conditions of 95merchantability and fitness for a particular purpose; 96 97ii) effectively excludes on behalf of all Contributors all liability for 98damages, including direct, indirect, special, incidental and 99consequential damages, such as lost profits; 100 101iii) states that any provisions which differ from this Agreement are 102offered by that Contributor alone and not by any other party; and 103 104iv) states that source code for the Program is available from such 105Contributor, and informs licensees how to obtain it in a reasonable 106manner on or through a medium customarily used for software exchange. 107 108When the Program is made available in source code form: 109 110a) it must be made available under this Agreement; and 111 112b) a copy of this Agreement must be included with each copy of the Program. 113 114Contributors may not remove or alter any copyright notices contained 115within the Program. 116 117Each Contributor must identify itself as the originator of its 118Contribution, if any, in a manner that reasonably allows subsequent 119Recipients to identify the originator of the Contribution. 120 121*4. COMMERCIAL DISTRIBUTION* 122 123Commercial distributors of software may accept certain responsibilities 124with respect to end users, business partners and the like. While this 125license is intended to facilitate the commercial use of the Program, the 126Contributor who includes the Program in a commercial product offering 127should do so in a manner which does not create potential liability for 128other Contributors. Therefore, if a Contributor includes the Program in 129a commercial product offering, such Contributor ("Commercial 130Contributor") hereby agrees to defend and indemnify every other 131Contributor ("Indemnified Contributor") against any losses, damages and 132costs (collectively "Losses") arising from claims, lawsuits and other 133legal actions brought by a third party against the Indemnified 134Contributor to the extent caused by the acts or omissions of such 135Commercial Contributor in connection with its distribution of the 136Program in a commercial product offering. The obligations in this 137section do not apply to any claims or Losses relating to any actual or 138alleged intellectual property infringement. In order to qualify, an 139Indemnified Contributor must: a) promptly notify the Commercial 140Contributor in writing of such claim, and b) allow the Commercial 141Contributor to control, and cooperate with the Commercial Contributor 142in, the defense and any related settlement negotiations. The Indemnified 143Contributor may participate in any such claim at its own expense. 144 145For example, a Contributor might include the Program in a commercial 146product offering, Product X. That Contributor is then a Commercial 147Contributor. If that Commercial Contributor then makes performance 148claims, or offers warranties related to Product X, those performance 149claims and warranties are such Commercial Contributor's responsibility 150alone. Under this section, the Commercial Contributor would have to 151defend claims against the other Contributors related to those 152performance claims and warranties, and if a court requires any other 153Contributor to pay any damages as a result, the Commercial Contributor 154must pay those damages. 155 156*5. NO WARRANTY* 157 158EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 159ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, 160EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES 161OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR 162A PARTICULAR PURPOSE. Each Recipient is solely responsible for 163determining the appropriateness of using and distributing the Program 164and assumes all risks associated with its exercise of rights under this 165Agreement , including but not limited to the risks and costs of program 166errors, compliance with applicable laws, damage to or loss of data, 167programs or equipment, and unavailability or interruption of operations. 168 169*6. DISCLAIMER OF LIABILITY* 170 171EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 172ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 173INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 174WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 175LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 176NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 177DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 178HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 179 180*7. GENERAL* 181 182If any provision of this Agreement is invalid or unenforceable under 183applicable law, it shall not affect the validity or enforceability of 184the remainder of the terms of this Agreement, and without further action 185by the parties hereto, such provision shall be reformed to the minimum 186extent necessary to make such provision valid and enforceable. 187 188If Recipient institutes patent litigation against any entity (including 189a cross-claim or counterclaim in a lawsuit) alleging that the Program 190itself (excluding combinations of the Program with other software or 191hardware) infringes such Recipient's patent(s), then such Recipient's 192rights granted under Section 2(b) shall terminate as of the date such 193litigation is filed. 194 195All Recipient's rights under this Agreement shall terminate if it fails 196to comply with any of the material terms or conditions of this Agreement 197and does not cure such failure in a reasonable period of time after 198becoming aware of such noncompliance. If all Recipient's rights under 199this Agreement terminate, Recipient agrees to cease use and distribution 200of the Program as soon as reasonably practicable. However, Recipient's 201obligations under this Agreement and any licenses granted by Recipient 202relating to the Program shall continue and survive. 203 204Everyone is permitted to copy and distribute copies of this Agreement, 205but in order to avoid inconsistency the Agreement is copyrighted and may 206only be modified in the following manner. The Agreement Steward reserves 207the right to publish new versions (including revisions) of this 208Agreement from time to time. No one other than the Agreement Steward has 209the right to modify this Agreement. The Eclipse Foundation is the 210initial Agreement Steward. The Eclipse Foundation may assign the 211responsibility to serve as the Agreement Steward to a suitable separate 212entity. Each new version of the Agreement will be given a distinguishing 213version number. The Program (including Contributions) may always be 214distributed subject to the version of the Agreement under which it was 215received. In addition, after a new version of the Agreement is 216published, Contributor may elect to distribute the Program (including 217its Contributions) under the new version. Except as expressly stated in 218Sections 2(a) and 2(b) above, Recipient receives no rights or licenses 219to the intellectual property of any Contributor under this Agreement, 220whether expressly, by implication, estoppel or otherwise. All rights in 221the Program not expressly granted under this Agreement are reserved. 222 223This Agreement is governed by the laws of the State of New York and the 224intellectual property laws of the United States of America. No party to 225this Agreement will bring a legal action under this Agreement more than 226one year after the cause of action arose. Each party waives its rights 227to a jury trial in any resulting litigation. 228