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Shawn Pearcefd6bb9f2013-05-08 14:14:24 -07001H2 is dual licensed and available under a modified version of the
2MPL 1.1 (Mozilla Public License) or under the (unmodified) EPL 1.0.
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4
5link:http://www.h2database.com/html/license.html[H2 License]
6
7----
8H2 License - Version 1.0
91. Definitions
10
111.0.1. "Commercial Use" means distribution or otherwise making the
12 Covered Code available to a third party.
13
141.1. "Contributor" means each entity that creates or contributes
15 to the creation of Modifications.
16
171.2. "Contributor Version" means the combination of the Original
18 Code, prior Modifications used by a Contributor, and the
19 Modifications made by that particular Contributor.
20
211.3. "Covered Code" means the Original Code or Modifications or
22 the combination of the Original Code and Modifications, in each
23 case including portions thereof.
24
251.4. "Electronic Distribution Mechanism" means a mechanism generally
26 accepted in the software development community for the electronic
27 transfer of data.
28
291.5. "Executable" means Covered Code in any form other than Source Code.
30
311.6. "Initial Developer" means the individual or entity identified
32 as the Initial Developer in the Source Code notice required
33 by Exhibit A.
34
351.7. "Larger Work" means a work which combines Covered Code or
36 portions thereof with code not governed by the terms of this
37 License.
38
391.8. "License" means this document.
40
411.8.1. "Licensable" means having the right to grant, to the maximum
42 extent possible, whether at the time of the initial grant
43 or subsequently acquired, any and all of the rights conveyed
44 herein.
45
461.9. "Modifications" means any addition to or deletion from the
47 substance or structure of either the Original Code or any
48 previous Modifications. When Covered Code is released as a
49 series of files, a Modification is:
50
511.9.a. Any addition to or deletion from the contents of a file
52 containing Original Code or previous Modifications.
53
541.9.b. Any new file that contains any part of the Original Code or
55 previous Modifications.
56
571.10. "Original Code" means Source Code of computer software
58 code which is described in the Source Code notice required
59 by Exhibit A as Original Code, and which, at the time of
60 its release under this License is not already Covered Code
61 governed by this License.
62
631.10.1. "Patent Claims" means any patent claim(s), now owned or
64 hereafter acquired, including without limitation, method,
65 process, and apparatus claims, in any patent Licensable
66 by grantor.
67
681.11. "Source Code" means the preferred form of the Covered Code
69 for making modifications to it, including all modules it
70 contains, plus any associated interface definition files,
71 scripts used to control compilation and installation of an
72 Executable, or source code differential comparisons against
73 either the Original Code or another well known, available
74 Covered Code of the Contributor's choice. The Source Code can
75 be in a compressed or archival form, provided the appropriate
76 decompression or de-archiving software is widely available
77 for no charge.
78
791.12. "You" (or "Your") means an individual or a legal entity
80 exercising rights under, and complying with all of the terms
81 of, this License or a future version of this License issued
82 under Section 6.1. For legal entities, "You" includes any
83 entity which controls, is controlled by, or is under common
84 control with You. For purposes of this definition, "control"
85 means (a) the power, direct or indirect, to cause the direction
86 or management of such entity, whether by contract or otherwise,
87 or (b) ownership of more than fifty percent (50%) of the
88 outstanding shares or beneficial ownership of such entity.
89
902. Source Code License
91
922.1. The Initial Developer Grant
93
94The Initial Developer hereby grants You a world-wide, royalty-free,
95non-exclusive license, subject to third party intellectual property
96claims:
97
982.1.a. under intellectual property rights (other than patent
99 or trademark) Licensable by Initial Developer to use,
100 reproduce, modify, display, perform, sublicense and distribute
101 the Original Code (or portions thereof) with or without
102 Modifications, and/or as part of a Larger Work; and
103
1042.1.b. under Patents Claims infringed by the making, using or selling
105 of Original Code, to make, have made, use, practice, sell,
106 and offer for sale, and/or otherwise dispose of the Original
107 Code (or portions thereof).
108
1092.1.c. the licenses granted in this Section 2.1 (a) and (b) are
110 effective on the date Initial Developer first distributes
111 Original Code under the terms of this License.
112
1132.1.d. Notwithstanding Section 2.1 (b) above, no patent license is
114 granted: 1) for code that You delete from the Original Code;
115 2) separate from the Original Code; or 3) for infringements
116 caused by: i) the modification of the Original Code or ii)
117 the combination of the Original Code with other software
118 or devices.
119
1202.2. Contributor Grant
121
122Subject to third party intellectual property claims, each Contributor
123hereby grants You a world-wide, royalty-free, non-exclusive license
124
1252.2.a. under intellectual property rights (other than patent or
126 trademark) Licensable by Contributor, to use, reproduce,
127 modify, display, perform, sublicense and distribute the
128 Modifications created by such Contributor (or portions
129 thereof) either on an unmodified basis, with other
130 Modifications, as Covered Code and/or as part of a Larger
131 Work; and
132
1332.2.b. under Patent Claims infringed by the making, using, or selling
134 of Modifications made by that Contributor either alone and/or
135 in combination with its Contributor Version (or portions
136 of such combination), to make, use, sell, offer for sale,
137 have made, and/or otherwise dispose of: 1) Modifications
138 made by that Contributor (or portions thereof); and 2) the
139 combination of Modifications made by that Contributor with
140 its Contributor Version (or portions of such combination).
141
1422.2.c. the licenses granted in Sections 2.2 (a) and 2.2 (b) are
143 effective on the date Contributor first makes Commercial
144 Use of the Covered Code.
145
1462.2.c. Notwithstanding Section 2.2 (b) above, no patent license is
147 granted: 1) for any code that Contributor has deleted from
148 the Contributor Version; 2) separate from the Contributor
149 Version; 3) for infringements caused by: i) third party
150 modifications of Contributor Version or ii) the combination
151 of Modifications made by that Contributor with other software
152 (except as part of the Contributor Version) or other devices;
153 or 4) under Patent Claims infringed by Covered Code in the
154 absence of Modifications made by that Contributor.
155
1563. Distribution Obligations
157
1583.1. Application of License
159
160The Modifications which You create or to which You contribute
161are governed by the terms of this License, including without
162limitation Section 2.2. The Source Code version of Covered Code may
163be distributed only under the terms of this License or a future
164version of this License released under Section 6.1, and You must
165include a copy of this License with every copy of the Source Code
166You distribute. You may not offer or impose any terms on any Source
167Code version that alters or restricts the applicable version of
168this License or the recipients' rights hereunder. However, You
169may include an additional document offering the additional rights
170described in Section 3.5.
171
1723.2. Availability of Source Code
173
174Any Modification which You create or to which You contribute must
175be made available in Source Code form under the terms of this
176License either on the same media as an Executable version or via
177an accepted Electronic Distribution Mechanism to anyone to whom
178you made an Executable version available; and if made available
179via Electronic Distribution Mechanism, must remain available for
180at least twelve (12) months after the date it initially became
181available, or at least six (6) months after a subsequent version
182of that particular Modification has been made available to such
183recipients. You are responsible for ensuring that the Source Code
184version remains available even if the Electronic Distribution
185Mechanism is maintained by a third party.
186
1873.3. Description of Modifications
188
189You must cause all Covered Code to which You contribute to contain
190a file documenting the changes You made to create that Covered
191Code and the date of any change. You must include a prominent
192statement that the Modification is derived, directly or indirectly,
193from Original Code provided by the Initial Developer and including
194the name of the Initial Developer in (a) the Source Code, and (b)
195in any notice in an Executable version or related documentation in
196which You describe the origin or ownership of the Covered Code.
197
1983.4. Intellectual Property Matters
199
2003.4.a. Third Party Claims: If Contributor has knowledge that
201 a license under a third party's intellectual property
202 rights is required to exercise the rights granted by such
203 Contributor under Sections 2.1 or 2.2, Contributor must
204 include a text file with the Source Code distribution titled
205 "LEGAL" which describes the claim and the party making the
206 claim in sufficient detail that a recipient will know whom
207 to contact. If Contributor obtains such knowledge after the
208 Modification is made available as described in Section 3.2,
209 Contributor shall promptly modify the LEGAL file in all
210 copies Contributor makes available thereafter and shall take
211 other steps (such as notifying appropriate mailing lists or
212 newsgroups) reasonably calculated to inform those who received
213 the Covered Code that new knowledge has been obtained.
214
2153.4.b. Contributor APIs: If Contributor's Modifications include
216 an application programming interface and Contributor has
217 knowledge of patent licenses which are reasonably necessary
218 to implement that API, Contributor must also include this
219 information in the legal file.
220
2213.4.c. Representations: Contributor represents that, except as
222 disclosed pursuant to Section 3.4 (a) above, Contributor
223 believes that Contributor's Modifications are Contributor's
224 original creation(s) and/or Contributor has sufficient rights
225 to grant the rights conveyed by this License.
226
2273.5. Required Notices
228
229You must duplicate the notice in Exhibit A in each file of
230the Source Code. If it is not possible to put such notice in a
231particular Source Code file due to its structure, then You must
232include such notice in a location (such as a relevant directory)
233where a user would be likely to look for such a notice. If You
234created one or more Modification(s) You may add your name as a
235Contributor to the notice described in Exhibit A. You must also
236duplicate this License in any documentation for the Source Code
237where You describe recipients' rights or ownership rights relating
238to Covered Code. You may choose to offer, and to charge a fee for,
239warranty, support, indemnity or liability obligations to one or
240more recipients of Covered Code. However, You may do so only on
241Your own behalf, and not on behalf of the Initial Developer or
242any Contributor. You must make it absolutely clear than any such
243warranty, support, indemnity or liability obligation is offered by
244You alone, and You hereby agree to indemnify the Initial Developer
245and every Contributor for any liability incurred by the Initial
246Developer or such Contributor as a result of warranty, support,
247indemnity or liability terms You offer.
248
2493.6. Distribution of Executable Versions
250
251You may distribute Covered Code in Executable form only if the
252requirements of Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met
253for that Covered Code, and if You include a notice stating that
254the Source Code version of the Covered Code is available under the
255terms of this License, including a description of how and where
256You have fulfilled the obligations of Section 3.2. The notice
257must be conspicuously included in any notice in an Executable
258version, related documentation or collateral in which You describe
259recipients' rights relating to the Covered Code. You may distribute
260the Executable version of Covered Code or ownership rights under
261a license of Your choice, which may contain terms different from
262this License, provided that You are in compliance with the terms
263of this License and that the license for the Executable version
264does not attempt to limit or alter the recipient's rights in the
265Source Code version from the rights set forth in this License. If
266You distribute the Executable version under a different license You
267must make it absolutely clear that any terms which differ from this
268License are offered by You alone, not by the Initial Developer or any
269Contributor. You hereby agree to indemnify the Initial Developer and
270every Contributor for any liability incurred by the Initial Developer
271or such Contributor as a result of any such terms You offer.
272
2733.7. Larger Works
274
275You may create a Larger Work by combining Covered Code with other
276code not governed by the terms of this License and distribute the
277Larger Work as a single product. In such a case, You must make sure
278the requirements of this License are fulfilled for the Covered Code.
279
2804. Inability to Comply Due to Statute or Regulation.
281
282If it is impossible for You to comply with any of the terms of
283this License with respect to some or all of the Covered Code due to
284statute, judicial order, or regulation then You must: (a) comply with
285the terms of this License to the maximum extent possible; and (b)
286describe the limitations and the code they affect. Such description
287must be included in the legal file described in Section 3.4 and
288must be included with all distributions of the Source Code. Except
289to the extent prohibited by statute or regulation, such description
290must be sufficiently detailed for a recipient of ordinary skill to
291be able to understand it.
292
2935. Application of this License.
294
295This License applies to code to which the Initial Developer has
296attached the notice in Exhibit A and to related Covered Code.
297
2986. Versions of the License.
299
3006.1. New Versions
301
302The H2 Group may publish revised and/or new versions of the License
303from time to time. Each version will be given a distinguishing
304version number.
305
3066.2. Effect of New Versions
307
308Once Covered Code has been published under a particular version of
309the License, You may always continue to use it under the terms of
310that version. You may also choose to use such Covered Code under the
311terms of any subsequent version of the License published by the H2
312Group. No one other than the H2 Group has the right to modify the
313terms applicable to Covered Code created under this License.
314
3156.3. Derivative Works
316
317If You create or use a modified version of this License (which you
318may only do in order to apply it to code which is not already Covered
319Code governed by this License), You must (a) rename Your license so
320that the phrases "H2 Group", "H2" or any confusingly similar phrase
321do not appear in your license (except to note that your license
322differs from this License) and (b) otherwise make it clear that
323Your version of the license contains terms which differ from the
324H2 License. (Filling in the name of the Initial Developer, Original
325Code or Contributor in the notice described in Exhibit A shall not
326of themselves be deemed to be modifications of this License.)
327
3287. Disclaimer of Warranty
329
330Covered code is provided under this license on an "as is" basis,
331without warranty of any kind, either expressed or implied,
332including, without limitation, warranties that the covered code
333is free of defects, merchantable, fit for a particular purpose or
334non-infringing. The entire risk as to the quality and performance
335of the covered code is with you. Should any covered code prove
336defective in any respect, you (not the initial developer or any
337other contributor) assume the cost of any necessary servicing,
338repair or correction. This disclaimer of warranty constitutes
339an essential part of this license. No use of any covered code is
340authorized hereunder except under this disclaimer.
341
3428. Termination
343
3448.1. This License and the rights granted hereunder will terminate
345 automatically if You fail to comply with terms herein and
346 fail to cure such breach within 30 days of becoming aware
347 of the breach. All sublicenses to the Covered Code which
348 are properly granted shall survive any termination of this
349 License. Provisions which, by their nature, must remain in
350 effect beyond the termination of this License shall survive.
351
3528.2. If You initiate litigation by asserting a patent infringement
353 claim (excluding declaratory judgment actions) against
354 Initial Developer or a Contributor (the Initial Developer or
355 Contributor against whom You file such action is referred to as
356 "Participant") alleging that:
357
3588.2.a. such Participant's Contributor Version directly or indirectly
359 infringes any patent, then any and all rights granted by
360 such Participant to You under Sections 2.1 and/or 2.2 of this
361 License shall, upon 60 days notice from Participant terminate
362 prospectively, unless if within 60 days after receipt of
363 notice You either: (i) agree in writing to pay Participant
364 a mutually agreeable reasonable royalty for Your past and
365 future use of Modifications made by such Participant, or (ii)
366 withdraw Your litigation claim with respect to the Contributor
367 Version against such Participant. If within 60 days of notice,
368 a reasonable royalty and payment arrangement are not mutually
369 agreed upon in writing by the parties or the litigation claim
370 is not withdrawn, the rights granted by Participant to You
371 under Sections 2.1 and/or 2.2 automatically terminate at
372 the expiration of the 60 day notice period specified above.
373
3748.2.b. any software, hardware, or device, other than such
375 Participant's Contributor Version, directly or indirectly
376 infringes any patent, then any rights granted to You by
377 such Participant under Sections 2.1(b) and 2.2(b) are
378 revoked effective as of the date You first made, used,
379 sold, distributed, or had made, Modifications made by that
380 Participant.
381
3828.3. If You assert a patent infringement claim against Participant
383 alleging that such Participant's Contributor Version directly
384 or indirectly infringes any patent where such claim is resolved
385 (such as by license or settlement) prior to the initiation of
386 patent infringement litigation, then the reasonable value of
387 the licenses granted by such Participant under Sections 2.1
388 or 2.2 shall be taken into account in determining the amount
389 or value of any payment or license.
390
3918.4. In the event of termination under Sections 8.1 or 8.2 above,
392 all end user license agreements (excluding distributors and
393 resellers) which have been validly granted by You or any
394 distributor hereunder prior to termination shall survive
395 termination.
396
3979. Limitation of Liability
398
399Under no circumstances and under no legal theory, whether tort
400(including negligence), contract, or otherwise, shall you, the
401initial developer, any other contributor, or any distributor of
402covered code, or any supplier of any of such parties, be liable to
403any person for any indirect, special, incidental, or consequential
404damages of any character including, without limitation, damages for
405loss of goodwill, work stoppage, computer failure or malfunction, or
406any and all other commercial damages or losses, even if such party
407shall have been informed of the possibility of such damages. This
408limitation of liability shall not apply to liability for death or
409personal injury resulting from such party's negligence to the extent
410applicable law prohibits such limitation. Some jurisdictions do not
411allow the exclusion or limitation of incidental or consequential
412damages, so this exclusion and limitation may not apply to you.
413
41410. United States Government End Users
415
416The Covered Code is a "commercial item", as that term is defined in
41748 C.F.R. 2.101 (October 1995), consisting of "commercial computer
418software" and "commercial computer software documentation", as such
419terms are used in 48 C.F.R. 12.212 (September 1995). Consistent
420with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
421(June 1995), all U.S. Government End Users acquire Covered Code
422with only those rights set forth herein.
423
42411. Miscellaneous
425
426This License represents the complete agreement concerning subject
427matter hereof. If any provision of this License is held to be
428unenforceable, such provision shall be reformed only to the extent
429necessary to make it enforceable. This License shall be governed
430by California law provisions (except to the extent applicable
431law, if any, provides otherwise), excluding its conflict-of-law
432provisions. With respect to disputes in which at least one party is
433a citizen of, or an entity chartered or registered to do business in
434United States of America, any litigation relating to this License
435shall be subject to the jurisdiction of the Federal Courts of the
436Northern District of California, with venue lying in Santa Clara
437County, California, with the losing party responsible for costs,
438including without limitation, court costs and reasonable attorneys'
439fees and expenses. The application of the United Nations Convention
440on Contracts for the International Sale of Goods is expressly
441excluded. Any law or regulation which provides that the language of
442a contract shall be construed against the drafter shall not apply
443to this License.
444
44512. Responsibility for Claims
446
447As between Initial Developer and the Contributors, each party is
448responsible for claims and damages arising, directly or indirectly,
449out of its utilization of rights under this License and You agree
450to work with Initial Developer and Contributors to distribute such
451responsibility on an equitable basis. Nothing herein is intended
452or shall be deemed to constitute any admission of liability.
453
45413. Multiple-Licensed Code
455
456Initial Developer may designate portions of the Covered Code as
457"Multiple-Licensed". "Multiple-Licensed" means that the Initial
458Developer permits you to utilize portions of the Covered Code under
459Your choice of this or the alternative licenses, if any, specified
460by the Initial Developer in the file described in Exhibit A.
461
462Exhibit A
463
464Multiple-Licensed under the H2 License, Version 1.0,
465and under the Eclipse Public License, Version 1.0
466(http://h2database.com/html/license.html).
467Initial Developer: H2 Group
468----
469
470----
471Eclipse Public License - v 1.0
472
473THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
474PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
475OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
476
4771. DEFINITIONS
478
479"Contribution" means:
480
481a) in the case of the initial Contributor, the initial code and
482 documentation distributed under this Agreement, and
483b) in the case of each subsequent Contributor:
484
485i) changes to the Program, and
486
487ii) additions to the Program;
488
489where such changes and/or additions to the Program originate from
490and are distributed by that particular Contributor. A Contribution
491'originates' from a Contributor if it was added to the Program
492by such Contributor itself or anyone acting on such Contributor's
493behalf. Contributions do not include additions to the Program which:
494(i) are separate modules of software distributed in conjunction
495with the Program under their own license agreement, and (ii) are
496not derivative works of the Program.
497
498"Contributor" means any person or entity that distributes the Program.
499
500"Licensed Patents " mean patent claims licensable by a Contributor
501which are necessarily infringed by the use or sale of its
502Contribution alone or when combined with the Program.
503
504"Program" means the Contributions distributed in accordance with
505this Agreement.
506
507"Recipient" means anyone who receives the Program under this
508Agreement, including all Contributors.
509
5102. GRANT OF RIGHTS
511
512a) Subject to the terms of this Agreement, each Contributor hereby
513 grants Recipient a non-exclusive, worldwide, royalty-free copyright
514 license to reproduce, prepare derivative works of, publicly display,
515 publicly perform, distribute and sublicense the Contribution of such
516 Contributor, if any, and such derivative works, in source code and
517 object code form.
518
519b) Subject to the terms of this Agreement, each Contributor hereby
520 grants Recipient a non-exclusive, worldwide, royalty-free patent
521 license under Licensed Patents to make, use, sell, offer to sell,
522 import and otherwise transfer the Contribution of such Contributor,
523 if any, in source code and object code form. This patent license
524 shall apply to the combination of the Contribution and the Program
525 if, at the time the Contribution is added by the Contributor, such
526 addition of the Contribution causes such combination to be covered
527 by the Licensed Patents. The patent license shall not apply to any
528 other combinations which include the Contribution. No hardware per
529 se is licensed hereunder.
530
531c) Recipient understands that although each Contributor grants the
532 licenses to its Contributions set forth herein, no assurances are
533 provided by any Contributor that the Program does not infringe
534 the patent or other intellectual property rights of any other
535 entity. Each Contributor disclaims any liability to Recipient
536 for claims brought by any other entity based on infringement
537 of intellectual property rights or otherwise. As a condition to
538 exercising the rights and licenses granted hereunder, each Recipient
539 hereby assumes sole responsibility to secure any other intellectual
540 property rights needed, if any. For example, if a third party patent
541 license is required to allow Recipient to distribute the Program,
542 it is Recipient's responsibility to acquire that license before
543 distributing the Program.
544
545d) Each Contributor represents that to its knowledge it has
546 sufficient copyright rights in its Contribution, if any, to grant
547 the copyright license set forth in this Agreement.
548
5493. REQUIREMENTS
550
551A Contributor may choose to distribute the Program in object code
552 form under its own license agreement, provided that:
553
554a) it complies with the terms and conditions of this Agreement; and
555
556b) its license agreement:
557
558i) effectively disclaims on behalf of all Contributors all warranties
559 and conditions, express and implied, including warranties or
560 conditions of title and non-infringement, and implied warranties or
561 conditions of merchantability and fitness for a particular purpose;
562
563ii) effectively excludes on behalf of all Contributors all liability
564 for damages, including direct, indirect, special, incidental and
565 consequential damages, such as lost profits;
566
567iii) states that any provisions which differ from this Agreement
568 are offered by that Contributor alone and not by any other
569 party; and
570
571iv) states that source code for the Program is available from such
572 Contributor, and informs licensees how to obtain it in a reasonable
573 manner on or through a medium customarily used for software exchange.
574
575When the Program is made available in source code form:
576
577a) it must be made available under this Agreement; and
578
579b) a copy of this Agreement must be included with each copy of the Program.
580
581Contributors may not remove or alter any copyright notices contained
582within the Program.
583
584Each Contributor must identify itself as the originator of its
585Contribution, if any, in a manner that reasonably allows subsequent
586Recipients to identify the originator of the Contribution.
587
5884. COMMERCIAL DISTRIBUTION
589
590Commercial distributors of software may accept certain
591responsibilities with respect to end users, business partners and the
592like. While this license is intended to facilitate the commercial
593use of the Program, the Contributor who includes the Program in a
594commercial product offering should do so in a manner which does not
595create potential liability for other Contributors. Therefore, if a
596Contributor includes the Program in a commercial product offering,
597such Contributor ("Commercial Contributor") hereby agrees to defend
598and indemnify every other Contributor ("Indemnified Contributor")
599against any losses, damages and costs (collectively "Losses") arising
600from claims, lawsuits and other legal actions brought by a third
601party against the Indemnified Contributor to the extent caused by
602the acts or omissions of such Commercial Contributor in connection
603with its distribution of the Program in a commercial product
604offering. The obligations in this section do not apply to any claims
605or Losses relating to any actual or alleged intellectual property
606infringement. In order to qualify, an Indemnified Contributor must:
607a) promptly notify the Commercial Contributor in writing of such
608claim, and b) allow the Commercial Contributor to control, and
609cooperate with the Commercial Contributor in, the defense and any
610related settlement negotiations. The Indemnified Contributor may
611participate in any such claim at its own expense.
612
613For example, a Contributor might include the Program in a
614commercial product offering, Product X. That Contributor is then a
615Commercial Contributor. If that Commercial Contributor then makes
616performance claims, or offers warranties related to Product X, those
617performance claims and warranties are such Commercial Contributor's
618responsibility alone. Under this section, the Commercial Contributor
619would have to defend claims against the other Contributors related
620to those performance claims and warranties, and if a court requires
621any other Contributor to pay any damages as a result, the Commercial
622Contributor must pay those damages.
623
6245. NO WARRANTY
625
626EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
627PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
628KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
629WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
630OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
631responsible for determining the appropriateness of using and
632distributing the Program and assumes all risks associated with
633its exercise of rights under this Agreement , including but not
634limited to the risks and costs of program errors, compliance with
635applicable laws, damage to or loss of data, programs or equipment,
636and unavailability or interruption of operations.
637
6386. DISCLAIMER OF LIABILITY
639
640EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
641NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
642INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
643(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND
644ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
645OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
646OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY
647RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF
648SUCH DAMAGES.
649
6507. GENERAL
651
652If any provision of this Agreement is invalid or unenforceable under
653applicable law, it shall not affect the validity or enforceability of
654the remainder of the terms of this Agreement, and without further
655action by the parties hereto, such provision shall be reformed
656to the minimum extent necessary to make such provision valid and
657enforceable.
658
659If Recipient institutes patent litigation against any entity
660(including a cross-claim or counterclaim in a lawsuit) alleging
661that the Program itself (excluding combinations of the Program with
662other software or hardware) infringes such Recipient's patent(s),
663then such Recipient's rights granted under Section 2(b) shall
664terminate as of the date such litigation is filed.
665
666All Recipient's rights under this Agreement shall terminate if
667it fails to comply with any of the material terms or conditions
668of this Agreement and does not cure such failure in a reasonable
669period of time after becoming aware of such noncompliance. If all
670Recipient's rights under this Agreement terminate, Recipient agrees
671to cease use and distribution of the Program as soon as reasonably
672practicable. However, Recipient's obligations under this Agreement
673and any licenses granted by Recipient relating to the Program shall
674continue and survive.
675
676Everyone is permitted to copy and distribute copies of this
677Agreement, but in order to avoid inconsistency the Agreement is
678copyrighted and may only be modified in the following manner. The
679Agreement Steward reserves the right to publish new versions
680(including revisions) of this Agreement from time to time. No
681one other than the Agreement Steward has the right to modify
682this Agreement. The Eclipse Foundation is the initial Agreement
683Steward. The Eclipse Foundation may assign the responsibility to
684serve as the Agreement Steward to a suitable separate entity. Each
685new version of the Agreement will be given a distinguishing
686version number. The Program (including Contributions) may always be
687distributed subject to the version of the Agreement under which it
688was received. In addition, after a new version of the Agreement is
689published, Contributor may elect to distribute the Program (including
690its Contributions) under the new version. Except as expressly stated
691in Sections 2(a) and 2(b) above, Recipient receives no rights or
692licenses to the intellectual property of any Contributor under
693this Agreement, whether expressly, by implication, estoppel or
694otherwise. All rights in the Program not expressly granted under
695this Agreement are reserved.
696
697This Agreement is governed by the laws of the State of New York and
698the intellectual property laws of the United States of America. No
699party to this Agreement will bring a legal action under this
700Agreement more than one year after the cause of action arose. Each
701party waives its rights to a jury trial in any resulting litigation.
702----
703
704----
705Export Control Classification Number (ECCN)
706
707As far as we know, the U.S. Export Control Classification Number
708(ECCN) for this software is 5D002. However, for legal reasons, we
709can make no warranty that this information is correct. For details,
710see also the Apache Software Foundation Export Classifications page.