features/org.eclipse.jst.common.fproj.enablement.jdt.feature.patch/epl-v10.html - webtools-common/webtools.common - Git at Google

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 <h2>Eclipse Public License - v 1.0</h2>

 <p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
 PUBLIC LICENSE (&quot;AGREEMENT&quot;). ANY USE, REPRODUCTION OR
 DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
 AGREEMENT.</p>

 <p><b>1. DEFINITIONS</b></p>

 <p>&quot;Contribution&quot; means:</p>

 <p class="list">a) in the case of the initial Contributor, the initial
 code and documentation distributed under this Agreement, and</p>
 <p class="list">b) in the case of each subsequent Contributor:</p>

 <p class="list">i) changes to the Program, and</p>
 <p class="list">ii) additions to the Program;</p>
 <p class="list">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.</p>

 <p>&quot;Contributor&quot; means any person or entity that distributes
 the Program.</p>

 <p>&quot;Licensed Patents&quot; 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.</p>

 <p>&quot;Program&quot; means the Contributions distributed in accordance
 with this Agreement.</p>

 <p>&quot;Recipient&quot; means anyone who receives the Program under
 this Agreement, including all Contributors.</p>

 <p><b>2. GRANT OF RIGHTS</b></p>

 <p class="list">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.</p>

 <p class="list">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.</p>

 <p class="list">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.</p>

 <p class="list">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.</p>

 <p><b>3. REQUIREMENTS</b></p>

 <p>A Contributor may choose to distribute the Program in object code
 form under its own license agreement, provided that:</p>

 <p class="list">a) it complies with the terms and conditions of this
 Agreement; and</p>

 <p class="list">b) its license agreement:</p>

 <p class="list">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;</p>

 <p class="list">ii) effectively excludes on behalf of all Contributors
 all liability for damages, including direct, indirect, special,
 incidental and consequential damages, such as lost profits;</p>

 <p class="list">iii) states that any provisions which differ from this
 Agreement are offered by that Contributor alone and not by any other
 party; and</p>

 <p class="list">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.</p>

 <p>When the Program is made available in source code form:</p>

 <p class="list">a) it must be made available under this Agreement; and</p>

 <p class="list">b) a copy of this Agreement must be included with each
 copy of the Program.</p>

 <p>Contributors may not remove or alter any copyright notices contained
 within the Program.</p>

 <p>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.</p>

 <p><b>4. COMMERCIAL DISTRIBUTION</b></p>

 <p>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
 (&quot;Commercial Contributor&quot;) hereby agrees to defend and
 indemnify every other Contributor (&quot;Indemnified Contributor&quot;)
 against any losses, damages and costs (collectively &quot;Losses&quot;)
 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.</p>

 <p>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.</p>

 <p><b>5. NO WARRANTY</b></p>

 <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
 PROVIDED ON AN &quot;AS IS&quot; 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.</p>

 <p><b>6. DISCLAIMER OF LIABILITY</b></p>

 <p>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.</p>

 <p><b>7. GENERAL</b></p>

 <p>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.</p>

 <p>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.</p>

 <p>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.</p>

 <p>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.</p>

 <p>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.</p>

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	<title>Eclipse Public License - Version 1.0</title>
	<style type="text/css">
	body {
	size: 8.5in 11.0in;
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	<h2>Eclipse Public License - v 1.0</h2>

	<p>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.</p>

	<p><b>1. DEFINITIONS</b></p>

	<p>"Contribution" means:</p>

	<p class="list">a) in the case of the initial Contributor, the initial
	code and documentation distributed under this Agreement, and</p>
	<p class="list">b) in the case of each subsequent Contributor:</p>

	<p class="list">i) changes to the Program, and</p>
	<p class="list">ii) additions to the Program;</p>
	<p class="list">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.</p>

	<p>"Contributor" means any person or entity that distributes
	the Program.</p>

	<p>"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.</p>

	<p>"Program" means the Contributions distributed in accordance
	with this Agreement.</p>

	<p>"Recipient" means anyone who receives the Program under
	this Agreement, including all Contributors.</p>

	<p><b>2. GRANT OF RIGHTS</b></p>

	<p class="list">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.</p>

	<p class="list">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.</p>

	<p class="list">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.</p>

	<p class="list">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.</p>

	<p><b>3. REQUIREMENTS</b></p>

	<p>A Contributor may choose to distribute the Program in object code
	form under its own license agreement, provided that:</p>

	<p class="list">a) it complies with the terms and conditions of this
	Agreement; and</p>

	<p class="list">b) its license agreement:</p>

	<p class="list">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;</p>

	<p class="list">ii) effectively excludes on behalf of all Contributors
	all liability for damages, including direct, indirect, special,
	incidental and consequential damages, such as lost profits;</p>

	<p class="list">iii) states that any provisions which differ from this
	Agreement are offered by that Contributor alone and not by any other
	party; and</p>

	<p class="list">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.</p>

	<p>When the Program is made available in source code form:</p>

	<p class="list">a) it must be made available under this Agreement; and</p>

	<p class="list">b) a copy of this Agreement must be included with each
	copy of the Program.</p>

	<p>Contributors may not remove or alter any copyright notices contained
	within the Program.</p>

	<p>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.</p>

	<p><b>4. COMMERCIAL DISTRIBUTION</b></p>

	<p>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.</p>

	<p>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.</p>

	<p><b>5. NO WARRANTY</b></p>

	<p>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.</p>

	<p><b>6. DISCLAIMER OF LIABILITY</b></p>

	<p>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.</p>

	<p><b>7. GENERAL</b></p>

	<p>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.</p>

	<p>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.</p>

	<p>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.</p>

	<p>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.</p>

	<p>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.</p>

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