| H2 is dual licensed and available under a modified version of the |
| MPL 1.1 (Mozilla Public License) or under the (unmodified) EPL 1.0. |
| ---- |
| |
| link:http://www.h2database.com/html/license.html[H2 License] |
| |
| ---- |
| H2 License - Version 1.0 |
| 1. Definitions |
| |
| 1.0.1. "Commercial Use" means distribution or otherwise making the |
| Covered Code available to a third party. |
| |
| 1.1. "Contributor" means each entity that creates or contributes |
| to the creation of Modifications. |
| |
| 1.2. "Contributor Version" means the combination of the Original |
| Code, prior Modifications used by a Contributor, and the |
| Modifications made by that particular Contributor. |
| |
| 1.3. "Covered Code" means the Original Code or Modifications or |
| the combination of the Original Code and Modifications, in each |
| case including portions thereof. |
| |
| 1.4. "Electronic Distribution Mechanism" means a mechanism generally |
| accepted in the software development community for the electronic |
| transfer of data. |
| |
| 1.5. "Executable" means Covered Code in any form other than Source Code. |
| |
| 1.6. "Initial Developer" means the individual or entity identified |
| as the Initial Developer in the Source Code notice required |
| by Exhibit A. |
| |
| 1.7. "Larger Work" means a work which combines Covered Code or |
| portions thereof with code not governed by the terms of this |
| License. |
| |
| 1.8. "License" means this document. |
| |
| 1.8.1. "Licensable" means having the right to grant, to the maximum |
| extent possible, whether at the time of the initial grant |
| or subsequently acquired, any and all of the rights conveyed |
| herein. |
| |
| 1.9. "Modifications" means any addition to or deletion from the |
| substance or structure of either the Original Code or any |
| previous Modifications. When Covered Code is released as a |
| series of files, a Modification is: |
| |
| 1.9.a. Any addition to or deletion from the contents of a file |
| containing Original Code or previous Modifications. |
| |
| 1.9.b. Any new file that contains any part of the Original Code or |
| previous Modifications. |
| |
| 1.10. "Original Code" means Source Code of computer software |
| code which is described in the Source Code notice required |
| by Exhibit A as Original Code, and which, at the time of |
| its release under this License is not already Covered Code |
| governed by this License. |
| |
| 1.10.1. "Patent Claims" means any patent claim(s), now owned or |
| hereafter acquired, including without limitation, method, |
| process, and apparatus claims, in any patent Licensable |
| by grantor. |
| |
| 1.11. "Source Code" means the preferred form of the Covered Code |
| for making modifications to it, including all modules it |
| contains, plus any associated interface definition files, |
| scripts used to control compilation and installation of an |
| Executable, or source code differential comparisons against |
| either the Original Code or another well known, available |
| Covered Code of the Contributor's choice. The Source Code can |
| be in a compressed or archival form, provided the appropriate |
| decompression or de-archiving software is widely available |
| for no charge. |
| |
| 1.12. "You" (or "Your") means an individual or a legal entity |
| exercising rights under, and complying with all of the terms |
| of, this License or a future version of this License issued |
| under Section 6.1. For legal entities, "You" includes any |
| entity which controls, is controlled by, or is under common |
| control with You. For purposes of this definition, "control" |
| means (a) the power, direct or indirect, to cause the direction |
| or management of such entity, whether by contract or otherwise, |
| or (b) ownership of more than fifty percent (50%) of the |
| outstanding shares or beneficial ownership of such entity. |
| |
| 2. Source Code License |
| |
| 2.1. The Initial Developer Grant |
| |
| The Initial Developer hereby grants You a world-wide, royalty-free, |
| non-exclusive license, subject to third party intellectual property |
| claims: |
| |
| 2.1.a. under intellectual property rights (other than patent |
| or trademark) Licensable by Initial Developer to use, |
| reproduce, modify, display, perform, sublicense and distribute |
| the Original Code (or portions thereof) with or without |
| Modifications, and/or as part of a Larger Work; and |
| |
| 2.1.b. under Patents Claims infringed by the making, using or selling |
| of Original Code, to make, have made, use, practice, sell, |
| and offer for sale, and/or otherwise dispose of the Original |
| Code (or portions thereof). |
| |
| 2.1.c. the licenses granted in this Section 2.1 (a) and (b) are |
| effective on the date Initial Developer first distributes |
| Original Code under the terms of this License. |
| |
| 2.1.d. Notwithstanding Section 2.1 (b) above, no patent license is |
| granted: 1) for code that You delete from the Original Code; |
| 2) separate from the Original Code; or 3) for infringements |
| caused by: i) the modification of the Original Code or ii) |
| the combination of the Original Code with other software |
| or devices. |
| |
| 2.2. Contributor Grant |
| |
| Subject to third party intellectual property claims, each Contributor |
| hereby grants You a world-wide, royalty-free, non-exclusive license |
| |
| 2.2.a. under intellectual property rights (other than patent or |
| trademark) Licensable by Contributor, to use, reproduce, |
| modify, display, perform, sublicense and distribute the |
| Modifications created by such Contributor (or portions |
| thereof) either on an unmodified basis, with other |
| Modifications, as Covered Code and/or as part of a Larger |
| Work; and |
| |
| 2.2.b. under Patent Claims infringed by the making, using, or selling |
| of Modifications made by that Contributor either alone and/or |
| in combination with its Contributor Version (or portions |
| of such combination), to make, use, sell, offer for sale, |
| have made, and/or otherwise dispose of: 1) Modifications |
| made by that Contributor (or portions thereof); and 2) the |
| combination of Modifications made by that Contributor with |
| its Contributor Version (or portions of such combination). |
| |
| 2.2.c. the licenses granted in Sections 2.2 (a) and 2.2 (b) are |
| effective on the date Contributor first makes Commercial |
| Use of the Covered Code. |
| |
| 2.2.c. Notwithstanding Section 2.2 (b) above, no patent license is |
| granted: 1) for any code that Contributor has deleted from |
| the Contributor Version; 2) separate from the Contributor |
| Version; 3) for infringements caused by: i) third party |
| modifications of Contributor Version or ii) the combination |
| of Modifications made by that Contributor with other software |
| (except as part of the Contributor Version) or other devices; |
| or 4) under Patent Claims infringed by Covered Code in the |
| absence of Modifications made by that Contributor. |
| |
| 3. Distribution Obligations |
| |
| 3.1. Application of License |
| |
| The Modifications which You create or to which You contribute |
| are governed by the terms of this License, including without |
| limitation Section 2.2. The Source Code version of Covered Code may |
| be distributed only under the terms of this License or a future |
| version of this License released under Section 6.1, and You must |
| include a copy of this License with every copy of the Source Code |
| You distribute. You may not offer or impose any terms on any Source |
| Code version that alters or restricts the applicable version of |
| this License or the recipients' rights hereunder. However, You |
| may include an additional document offering the additional rights |
| described in Section 3.5. |
| |
| 3.2. Availability of Source Code |
| |
| Any Modification which You create or to which You contribute must |
| be made available in Source Code form under the terms of this |
| License either on the same media as an Executable version or via |
| an accepted Electronic Distribution Mechanism to anyone to whom |
| you made an Executable version available; and if made available |
| via Electronic Distribution Mechanism, must remain available for |
| at least twelve (12) months after the date it initially became |
| available, or at least six (6) months after a subsequent version |
| of that particular Modification has been made available to such |
| recipients. You are responsible for ensuring that the Source Code |
| version remains available even if the Electronic Distribution |
| Mechanism is maintained by a third party. |
| |
| 3.3. Description of Modifications |
| |
| You must cause all Covered Code to which You contribute to contain |
| a file documenting the changes You made to create that Covered |
| Code and the date of any change. You must include a prominent |
| statement that the Modification is derived, directly or indirectly, |
| from Original Code provided by the Initial Developer and including |
| the name of the Initial Developer in (a) the Source Code, and (b) |
| in any notice in an Executable version or related documentation in |
| which You describe the origin or ownership of the Covered Code. |
| |
| 3.4. Intellectual Property Matters |
| |
| 3.4.a. Third Party Claims: If Contributor has knowledge that |
| a license under a third party's intellectual property |
| rights is required to exercise the rights granted by such |
| Contributor under Sections 2.1 or 2.2, Contributor must |
| include a text file with the Source Code distribution titled |
| "LEGAL" which describes the claim and the party making the |
| claim in sufficient detail that a recipient will know whom |
| to contact. If Contributor obtains such knowledge after the |
| Modification is made available as described in Section 3.2, |
| Contributor shall promptly modify the LEGAL file in all |
| copies Contributor makes available thereafter and shall take |
| other steps (such as notifying appropriate mailing lists or |
| newsgroups) reasonably calculated to inform those who received |
| the Covered Code that new knowledge has been obtained. |
| |
| 3.4.b. Contributor APIs: If Contributor's Modifications include |
| an application programming interface and Contributor has |
| knowledge of patent licenses which are reasonably necessary |
| to implement that API, Contributor must also include this |
| information in the legal file. |
| |
| 3.4.c. Representations: Contributor represents that, except as |
| disclosed pursuant to Section 3.4 (a) above, Contributor |
| believes that Contributor's Modifications are Contributor's |
| original creation(s) and/or Contributor has sufficient rights |
| to grant the rights conveyed by this License. |
| |
| 3.5. Required Notices |
| |
| You must duplicate the notice in Exhibit A in each file of |
| the Source Code. If it is not possible to put such notice in a |
| particular Source Code file due to its structure, then You must |
| include such notice in a location (such as a relevant directory) |
| where a user would be likely to look for such a notice. If You |
| created one or more Modification(s) You may add your name as a |
| Contributor to the notice described in Exhibit A. You must also |
| duplicate this License in any documentation for the Source Code |
| where You describe recipients' rights or ownership rights relating |
| to Covered Code. You may choose to offer, and to charge a fee for, |
| warranty, support, indemnity or liability obligations to one or |
| more recipients of Covered Code. However, You may do so only on |
| Your own behalf, and not on behalf of the Initial Developer or |
| any Contributor. You must make it absolutely clear than any such |
| warranty, support, indemnity or liability obligation is offered by |
| You alone, and You hereby agree to indemnify the Initial Developer |
| and every Contributor for any liability incurred by the Initial |
| Developer or such Contributor as a result of warranty, support, |
| indemnity or liability terms You offer. |
| |
| 3.6. Distribution of Executable Versions |
| |
| You may distribute Covered Code in Executable form only if the |
| requirements of Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met |
| for that Covered Code, and if You include a notice stating that |
| the Source Code version of the Covered Code is available under the |
| terms of this License, including a description of how and where |
| You have fulfilled the obligations of Section 3.2. The notice |
| must be conspicuously included in any notice in an Executable |
| version, related documentation or collateral in which You describe |
| recipients' rights relating to the Covered Code. You may distribute |
| the Executable version of Covered Code or ownership rights under |
| a license of Your choice, which may contain terms different from |
| this License, provided that You are in compliance with the terms |
| of this License and that the license for the Executable version |
| does not attempt to limit or alter the recipient's rights in the |
| Source Code version from the rights set forth in this License. If |
| You distribute the Executable version under a different license You |
| must make it absolutely clear that any terms which differ from this |
| License are offered by You alone, not by the Initial Developer or any |
| Contributor. You hereby agree to indemnify the Initial Developer and |
| every Contributor for any liability incurred by the Initial Developer |
| or such Contributor as a result of any such terms You offer. |
| |
| 3.7. Larger Works |
| |
| You may create a Larger Work by combining Covered Code with other |
| code not governed by the terms of this License and distribute the |
| Larger Work as a single product. In such a case, You must make sure |
| the requirements of this License are fulfilled for the Covered Code. |
| |
| 4. Inability to Comply Due to Statute or Regulation. |
| |
| If it is impossible for You to comply with any of the terms of |
| this License with respect to some or all of the Covered Code due to |
| statute, judicial order, or regulation then You must: (a) comply with |
| the terms of this License to the maximum extent possible; and (b) |
| describe the limitations and the code they affect. Such description |
| must be included in the legal file described in Section 3.4 and |
| must be included with all distributions of the Source Code. Except |
| to the extent prohibited by statute or regulation, such description |
| must be sufficiently detailed for a recipient of ordinary skill to |
| be able to understand it. |
| |
| 5. Application of this License. |
| |
| This License applies to code to which the Initial Developer has |
| attached the notice in Exhibit A and to related Covered Code. |
| |
| 6. Versions of the License. |
| |
| 6.1. New Versions |
| |
| The H2 Group may publish revised and/or new versions of the License |
| from time to time. Each version will be given a distinguishing |
| version number. |
| |
| 6.2. Effect of New Versions |
| |
| Once Covered Code has been published under a particular version of |
| the License, You may always continue to use it under the terms of |
| that version. You may also choose to use such Covered Code under the |
| terms of any subsequent version of the License published by the H2 |
| Group. No one other than the H2 Group has the right to modify the |
| terms applicable to Covered Code created under this License. |
| |
| 6.3. Derivative Works |
| |
| If You create or use a modified version of this License (which you |
| may only do in order to apply it to code which is not already Covered |
| Code governed by this License), You must (a) rename Your license so |
| that the phrases "H2 Group", "H2" or any confusingly similar phrase |
| do not appear in your license (except to note that your license |
| differs from this License) and (b) otherwise make it clear that |
| Your version of the license contains terms which differ from the |
| H2 License. (Filling in the name of the Initial Developer, Original |
| Code or Contributor in the notice described in Exhibit A shall not |
| of themselves be deemed to be modifications of this License.) |
| |
| 7. Disclaimer of Warranty |
| |
| Covered code is provided under this license on an "as is" basis, |
| without warranty of any kind, either expressed or implied, |
| including, without limitation, warranties that the covered code |
| is free of defects, merchantable, fit for a particular purpose or |
| non-infringing. The entire risk as to the quality and performance |
| of the covered code is with you. Should any covered code prove |
| defective in any respect, you (not the initial developer or any |
| other contributor) assume the cost of any necessary servicing, |
| repair or correction. This disclaimer of warranty constitutes |
| an essential part of this license. No use of any covered code is |
| authorized hereunder except under this disclaimer. |
| |
| 8. Termination |
| |
| 8.1. This License and the rights granted hereunder will terminate |
| automatically if You fail to comply with terms herein and |
| fail to cure such breach within 30 days of becoming aware |
| of the breach. All sublicenses to the Covered Code which |
| are properly granted shall survive any termination of this |
| License. Provisions which, by their nature, must remain in |
| effect beyond the termination of this License shall survive. |
| |
| 8.2. If You initiate litigation by asserting a patent infringement |
| claim (excluding declaratory judgment actions) against |
| Initial Developer or a Contributor (the Initial Developer or |
| Contributor against whom You file such action is referred to as |
| "Participant") alleging that: |
| |
| 8.2.a. such Participant's Contributor Version directly or indirectly |
| infringes any patent, then any and all rights granted by |
| such Participant to You under Sections 2.1 and/or 2.2 of this |
| License shall, upon 60 days notice from Participant terminate |
| prospectively, unless if within 60 days after receipt of |
| notice You either: (i) agree in writing to pay Participant |
| a mutually agreeable reasonable royalty for Your past and |
| future use of Modifications made by such Participant, or (ii) |
| withdraw Your litigation claim with respect to the Contributor |
| Version against such Participant. If within 60 days of notice, |
| a reasonable royalty and payment arrangement are not mutually |
| agreed upon in writing by the parties or the litigation claim |
| is not withdrawn, the rights granted by Participant to You |
| under Sections 2.1 and/or 2.2 automatically terminate at |
| the expiration of the 60 day notice period specified above. |
| |
| 8.2.b. any software, hardware, or device, other than such |
| Participant's Contributor Version, directly or indirectly |
| infringes any patent, then any rights granted to You by |
| such Participant under Sections 2.1(b) and 2.2(b) are |
| revoked effective as of the date You first made, used, |
| sold, distributed, or had made, Modifications made by that |
| Participant. |
| |
| 8.3. If You assert a patent infringement claim against Participant |
| alleging that such Participant's Contributor Version directly |
| or indirectly infringes any patent where such claim is resolved |
| (such as by license or settlement) prior to the initiation of |
| patent infringement litigation, then the reasonable value of |
| the licenses granted by such Participant under Sections 2.1 |
| or 2.2 shall be taken into account in determining the amount |
| or value of any payment or license. |
| |
| 8.4. In the event of termination under Sections 8.1 or 8.2 above, |
| all end user license agreements (excluding distributors and |
| resellers) which have been validly granted by You or any |
| distributor hereunder prior to termination shall survive |
| termination. |
| |
| 9. Limitation of Liability |
| |
| Under no circumstances and under no legal theory, whether tort |
| (including negligence), contract, or otherwise, shall you, the |
| initial developer, any other contributor, or any distributor of |
| covered code, or any supplier of any of such parties, be liable to |
| any person for any indirect, special, incidental, or consequential |
| damages of any character including, without limitation, damages for |
| loss of goodwill, work stoppage, computer failure or malfunction, or |
| any and all other commercial damages or losses, even if such party |
| shall have been informed of the possibility of such damages. This |
| limitation of liability shall not apply to liability for death or |
| personal injury resulting from such party's negligence to the extent |
| applicable law prohibits such limitation. Some jurisdictions do not |
| allow the exclusion or limitation of incidental or consequential |
| damages, so this exclusion and limitation may not apply to you. |
| |
| 10. United States Government End Users |
| |
| The Covered Code is a "commercial item", as that term is defined in |
| 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer |
| software" and "commercial computer software documentation", as such |
| terms are used in 48 C.F.R. 12.212 (September 1995). Consistent |
| with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 |
| (June 1995), all U.S. Government End Users acquire Covered Code |
| with only those rights set forth herein. |
| |
| 11. Miscellaneous |
| |
| This License represents the complete agreement concerning subject |
| matter hereof. If any provision of this License is held to be |
| unenforceable, such provision shall be reformed only to the extent |
| necessary to make it enforceable. This License shall be governed |
| by California law provisions (except to the extent applicable |
| law, if any, provides otherwise), excluding its conflict-of-law |
| provisions. With respect to disputes in which at least one party is |
| a citizen of, or an entity chartered or registered to do business in |
| United States of America, any litigation relating to this License |
| shall be subject to the jurisdiction of the Federal Courts of the |
| Northern District of California, with venue lying in Santa Clara |
| County, California, with the losing party responsible for costs, |
| including without limitation, court costs and reasonable attorneys' |
| fees and expenses. The application of the United Nations Convention |
| on Contracts for the International Sale of Goods is expressly |
| excluded. Any law or regulation which provides that the language of |
| a contract shall be construed against the drafter shall not apply |
| to this License. |
| |
| 12. Responsibility for Claims |
| |
| As between Initial Developer and the Contributors, each party is |
| responsible for claims and damages arising, directly or indirectly, |
| out of its utilization of rights under this License and You agree |
| to work with Initial Developer and Contributors to distribute such |
| responsibility on an equitable basis. Nothing herein is intended |
| or shall be deemed to constitute any admission of liability. |
| |
| 13. Multiple-Licensed Code |
| |
| Initial Developer may designate portions of the Covered Code as |
| "Multiple-Licensed". "Multiple-Licensed" means that the Initial |
| Developer permits you to utilize portions of the Covered Code under |
| Your choice of this or the alternative licenses, if any, specified |
| by the Initial Developer in the file described in Exhibit A. |
| |
| Exhibit A |
| |
| Multiple-Licensed under the H2 License, Version 1.0, |
| and under the Eclipse Public License, Version 1.0 |
| (http://h2database.com/html/license.html). |
| Initial Developer: H2 Group |
| ---- |
| |
| ---- |
| 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. |
| ---- |
| |
| ---- |
| Export Control Classification Number (ECCN) |
| |
| As far as we know, the U.S. Export Control Classification Number |
| (ECCN) for this software is 5D002. However, for legal reasons, we |
| can make no warranty that this information is correct. For details, |
| see also the Apache Software Foundation Export Classifications page. |