blob: 1be4fba895a5b3c100fd1c7f004cb4cab57e6c0b [file] [log] [blame]
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.
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link:http://www.h2database.com/html/license.html[H2 License]
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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
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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.
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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.