Shawn Pearce | fd6bb9f | 2013-05-08 14:14:24 -0700 | [diff] [blame] | 1 | H2 is dual licensed and available under a modified version of the |
| 2 | MPL 1.1 (Mozilla Public License) or under the (unmodified) EPL 1.0. |
| 3 | ---- |
| 4 | |
| 5 | link:http://www.h2database.com/html/license.html[H2 License] |
| 6 | |
| 7 | ---- |
| 8 | H2 License - Version 1.0 |
| 9 | 1. Definitions |
| 10 | |
| 11 | 1.0.1. "Commercial Use" means distribution or otherwise making the |
| 12 | Covered Code available to a third party. |
| 13 | |
| 14 | 1.1. "Contributor" means each entity that creates or contributes |
| 15 | to the creation of Modifications. |
| 16 | |
| 17 | 1.2. "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 | |
| 21 | 1.3. "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 | |
| 25 | 1.4. "Electronic Distribution Mechanism" means a mechanism generally |
| 26 | accepted in the software development community for the electronic |
| 27 | transfer of data. |
| 28 | |
| 29 | 1.5. "Executable" means Covered Code in any form other than Source Code. |
| 30 | |
| 31 | 1.6. "Initial Developer" means the individual or entity identified |
| 32 | as the Initial Developer in the Source Code notice required |
| 33 | by Exhibit A. |
| 34 | |
| 35 | 1.7. "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 | |
| 39 | 1.8. "License" means this document. |
| 40 | |
| 41 | 1.8.1. "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 | |
| 46 | 1.9. "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 | |
| 51 | 1.9.a. Any addition to or deletion from the contents of a file |
| 52 | containing Original Code or previous Modifications. |
| 53 | |
| 54 | 1.9.b. Any new file that contains any part of the Original Code or |
| 55 | previous Modifications. |
| 56 | |
| 57 | 1.10. "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 | |
| 63 | 1.10.1. "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 | |
| 68 | 1.11. "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 | |
| 79 | 1.12. "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 | |
| 90 | 2. Source Code License |
| 91 | |
| 92 | 2.1. The Initial Developer Grant |
| 93 | |
| 94 | The Initial Developer hereby grants You a world-wide, royalty-free, |
| 95 | non-exclusive license, subject to third party intellectual property |
| 96 | claims: |
| 97 | |
| 98 | 2.1.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 | |
| 104 | 2.1.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 | |
| 109 | 2.1.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 | |
| 113 | 2.1.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 | |
| 120 | 2.2. Contributor Grant |
| 121 | |
| 122 | Subject to third party intellectual property claims, each Contributor |
| 123 | hereby grants You a world-wide, royalty-free, non-exclusive license |
| 124 | |
| 125 | 2.2.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 | |
| 133 | 2.2.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 | |
| 142 | 2.2.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 | |
| 146 | 2.2.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 | |
| 156 | 3. Distribution Obligations |
| 157 | |
| 158 | 3.1. Application of License |
| 159 | |
| 160 | The Modifications which You create or to which You contribute |
| 161 | are governed by the terms of this License, including without |
| 162 | limitation Section 2.2. The Source Code version of Covered Code may |
| 163 | be distributed only under the terms of this License or a future |
| 164 | version of this License released under Section 6.1, and You must |
| 165 | include a copy of this License with every copy of the Source Code |
| 166 | You distribute. You may not offer or impose any terms on any Source |
| 167 | Code version that alters or restricts the applicable version of |
| 168 | this License or the recipients' rights hereunder. However, You |
| 169 | may include an additional document offering the additional rights |
| 170 | described in Section 3.5. |
| 171 | |
| 172 | 3.2. Availability of Source Code |
| 173 | |
| 174 | Any Modification which You create or to which You contribute must |
| 175 | be made available in Source Code form under the terms of this |
| 176 | License either on the same media as an Executable version or via |
| 177 | an accepted Electronic Distribution Mechanism to anyone to whom |
| 178 | you made an Executable version available; and if made available |
| 179 | via Electronic Distribution Mechanism, must remain available for |
| 180 | at least twelve (12) months after the date it initially became |
| 181 | available, or at least six (6) months after a subsequent version |
| 182 | of that particular Modification has been made available to such |
| 183 | recipients. You are responsible for ensuring that the Source Code |
| 184 | version remains available even if the Electronic Distribution |
| 185 | Mechanism is maintained by a third party. |
| 186 | |
| 187 | 3.3. Description of Modifications |
| 188 | |
| 189 | You must cause all Covered Code to which You contribute to contain |
| 190 | a file documenting the changes You made to create that Covered |
| 191 | Code and the date of any change. You must include a prominent |
| 192 | statement that the Modification is derived, directly or indirectly, |
| 193 | from Original Code provided by the Initial Developer and including |
| 194 | the name of the Initial Developer in (a) the Source Code, and (b) |
| 195 | in any notice in an Executable version or related documentation in |
| 196 | which You describe the origin or ownership of the Covered Code. |
| 197 | |
| 198 | 3.4. Intellectual Property Matters |
| 199 | |
| 200 | 3.4.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 | |
| 215 | 3.4.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 | |
| 221 | 3.4.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 | |
| 227 | 3.5. Required Notices |
| 228 | |
| 229 | You must duplicate the notice in Exhibit A in each file of |
| 230 | the Source Code. If it is not possible to put such notice in a |
| 231 | particular Source Code file due to its structure, then You must |
| 232 | include such notice in a location (such as a relevant directory) |
| 233 | where a user would be likely to look for such a notice. If You |
| 234 | created one or more Modification(s) You may add your name as a |
| 235 | Contributor to the notice described in Exhibit A. You must also |
| 236 | duplicate this License in any documentation for the Source Code |
| 237 | where You describe recipients' rights or ownership rights relating |
| 238 | to Covered Code. You may choose to offer, and to charge a fee for, |
| 239 | warranty, support, indemnity or liability obligations to one or |
| 240 | more recipients of Covered Code. However, You may do so only on |
| 241 | Your own behalf, and not on behalf of the Initial Developer or |
| 242 | any Contributor. You must make it absolutely clear than any such |
| 243 | warranty, support, indemnity or liability obligation is offered by |
| 244 | You alone, and You hereby agree to indemnify the Initial Developer |
| 245 | and every Contributor for any liability incurred by the Initial |
| 246 | Developer or such Contributor as a result of warranty, support, |
| 247 | indemnity or liability terms You offer. |
| 248 | |
| 249 | 3.6. Distribution of Executable Versions |
| 250 | |
| 251 | You may distribute Covered Code in Executable form only if the |
| 252 | requirements of Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met |
| 253 | for that Covered Code, and if You include a notice stating that |
| 254 | the Source Code version of the Covered Code is available under the |
| 255 | terms of this License, including a description of how and where |
| 256 | You have fulfilled the obligations of Section 3.2. The notice |
| 257 | must be conspicuously included in any notice in an Executable |
| 258 | version, related documentation or collateral in which You describe |
| 259 | recipients' rights relating to the Covered Code. You may distribute |
| 260 | the Executable version of Covered Code or ownership rights under |
| 261 | a license of Your choice, which may contain terms different from |
| 262 | this License, provided that You are in compliance with the terms |
| 263 | of this License and that the license for the Executable version |
| 264 | does not attempt to limit or alter the recipient's rights in the |
| 265 | Source Code version from the rights set forth in this License. If |
| 266 | You distribute the Executable version under a different license You |
| 267 | must make it absolutely clear that any terms which differ from this |
| 268 | License are offered by You alone, not by the Initial Developer or any |
| 269 | Contributor. You hereby agree to indemnify the Initial Developer and |
| 270 | every Contributor for any liability incurred by the Initial Developer |
| 271 | or such Contributor as a result of any such terms You offer. |
| 272 | |
| 273 | 3.7. Larger Works |
| 274 | |
| 275 | You may create a Larger Work by combining Covered Code with other |
| 276 | code not governed by the terms of this License and distribute the |
| 277 | Larger Work as a single product. In such a case, You must make sure |
| 278 | the requirements of this License are fulfilled for the Covered Code. |
| 279 | |
| 280 | 4. Inability to Comply Due to Statute or Regulation. |
| 281 | |
| 282 | If it is impossible for You to comply with any of the terms of |
| 283 | this License with respect to some or all of the Covered Code due to |
| 284 | statute, judicial order, or regulation then You must: (a) comply with |
| 285 | the terms of this License to the maximum extent possible; and (b) |
| 286 | describe the limitations and the code they affect. Such description |
| 287 | must be included in the legal file described in Section 3.4 and |
| 288 | must be included with all distributions of the Source Code. Except |
| 289 | to the extent prohibited by statute or regulation, such description |
| 290 | must be sufficiently detailed for a recipient of ordinary skill to |
| 291 | be able to understand it. |
| 292 | |
| 293 | 5. Application of this License. |
| 294 | |
| 295 | This License applies to code to which the Initial Developer has |
| 296 | attached the notice in Exhibit A and to related Covered Code. |
| 297 | |
| 298 | 6. Versions of the License. |
| 299 | |
| 300 | 6.1. New Versions |
| 301 | |
| 302 | The H2 Group may publish revised and/or new versions of the License |
| 303 | from time to time. Each version will be given a distinguishing |
| 304 | version number. |
| 305 | |
| 306 | 6.2. Effect of New Versions |
| 307 | |
| 308 | Once Covered Code has been published under a particular version of |
| 309 | the License, You may always continue to use it under the terms of |
| 310 | that version. You may also choose to use such Covered Code under the |
| 311 | terms of any subsequent version of the License published by the H2 |
| 312 | Group. No one other than the H2 Group has the right to modify the |
| 313 | terms applicable to Covered Code created under this License. |
| 314 | |
| 315 | 6.3. Derivative Works |
| 316 | |
| 317 | If You create or use a modified version of this License (which you |
| 318 | may only do in order to apply it to code which is not already Covered |
| 319 | Code governed by this License), You must (a) rename Your license so |
| 320 | that the phrases "H2 Group", "H2" or any confusingly similar phrase |
| 321 | do not appear in your license (except to note that your license |
| 322 | differs from this License) and (b) otherwise make it clear that |
| 323 | Your version of the license contains terms which differ from the |
| 324 | H2 License. (Filling in the name of the Initial Developer, Original |
| 325 | Code or Contributor in the notice described in Exhibit A shall not |
| 326 | of themselves be deemed to be modifications of this License.) |
| 327 | |
| 328 | 7. Disclaimer of Warranty |
| 329 | |
| 330 | Covered code is provided under this license on an "as is" basis, |
| 331 | without warranty of any kind, either expressed or implied, |
| 332 | including, without limitation, warranties that the covered code |
| 333 | is free of defects, merchantable, fit for a particular purpose or |
| 334 | non-infringing. The entire risk as to the quality and performance |
| 335 | of the covered code is with you. Should any covered code prove |
| 336 | defective in any respect, you (not the initial developer or any |
| 337 | other contributor) assume the cost of any necessary servicing, |
| 338 | repair or correction. This disclaimer of warranty constitutes |
| 339 | an essential part of this license. No use of any covered code is |
| 340 | authorized hereunder except under this disclaimer. |
| 341 | |
| 342 | 8. Termination |
| 343 | |
| 344 | 8.1. 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 | |
| 352 | 8.2. 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 | |
| 358 | 8.2.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 | |
| 374 | 8.2.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 | |
| 382 | 8.3. 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 | |
| 391 | 8.4. 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 | |
| 397 | 9. Limitation of Liability |
| 398 | |
| 399 | Under no circumstances and under no legal theory, whether tort |
| 400 | (including negligence), contract, or otherwise, shall you, the |
| 401 | initial developer, any other contributor, or any distributor of |
| 402 | covered code, or any supplier of any of such parties, be liable to |
| 403 | any person for any indirect, special, incidental, or consequential |
| 404 | damages of any character including, without limitation, damages for |
| 405 | loss of goodwill, work stoppage, computer failure or malfunction, or |
| 406 | any and all other commercial damages or losses, even if such party |
| 407 | shall have been informed of the possibility of such damages. This |
| 408 | limitation of liability shall not apply to liability for death or |
| 409 | personal injury resulting from such party's negligence to the extent |
| 410 | applicable law prohibits such limitation. Some jurisdictions do not |
| 411 | allow the exclusion or limitation of incidental or consequential |
| 412 | damages, so this exclusion and limitation may not apply to you. |
| 413 | |
| 414 | 10. United States Government End Users |
| 415 | |
| 416 | The Covered Code is a "commercial item", as that term is defined in |
| 417 | 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer |
| 418 | software" and "commercial computer software documentation", as such |
| 419 | terms are used in 48 C.F.R. 12.212 (September 1995). Consistent |
| 420 | with 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 |
| 422 | with only those rights set forth herein. |
| 423 | |
| 424 | 11. Miscellaneous |
| 425 | |
| 426 | This License represents the complete agreement concerning subject |
| 427 | matter hereof. If any provision of this License is held to be |
| 428 | unenforceable, such provision shall be reformed only to the extent |
| 429 | necessary to make it enforceable. This License shall be governed |
| 430 | by California law provisions (except to the extent applicable |
| 431 | law, if any, provides otherwise), excluding its conflict-of-law |
| 432 | provisions. With respect to disputes in which at least one party is |
| 433 | a citizen of, or an entity chartered or registered to do business in |
| 434 | United States of America, any litigation relating to this License |
| 435 | shall be subject to the jurisdiction of the Federal Courts of the |
| 436 | Northern District of California, with venue lying in Santa Clara |
| 437 | County, California, with the losing party responsible for costs, |
| 438 | including without limitation, court costs and reasonable attorneys' |
| 439 | fees and expenses. The application of the United Nations Convention |
| 440 | on Contracts for the International Sale of Goods is expressly |
| 441 | excluded. Any law or regulation which provides that the language of |
| 442 | a contract shall be construed against the drafter shall not apply |
| 443 | to this License. |
| 444 | |
| 445 | 12. Responsibility for Claims |
| 446 | |
| 447 | As between Initial Developer and the Contributors, each party is |
| 448 | responsible for claims and damages arising, directly or indirectly, |
| 449 | out of its utilization of rights under this License and You agree |
| 450 | to work with Initial Developer and Contributors to distribute such |
| 451 | responsibility on an equitable basis. Nothing herein is intended |
| 452 | or shall be deemed to constitute any admission of liability. |
| 453 | |
| 454 | 13. Multiple-Licensed Code |
| 455 | |
| 456 | Initial Developer may designate portions of the Covered Code as |
| 457 | "Multiple-Licensed". "Multiple-Licensed" means that the Initial |
| 458 | Developer permits you to utilize portions of the Covered Code under |
| 459 | Your choice of this or the alternative licenses, if any, specified |
| 460 | by the Initial Developer in the file described in Exhibit A. |
| 461 | |
| 462 | Exhibit A |
| 463 | |
| 464 | Multiple-Licensed under the H2 License, Version 1.0, |
| 465 | and under the Eclipse Public License, Version 1.0 |
| 466 | (http://h2database.com/html/license.html). |
| 467 | Initial Developer: H2 Group |
| 468 | ---- |
| 469 | |
| 470 | ---- |
| 471 | Eclipse Public License - v 1.0 |
| 472 | |
| 473 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE |
| 474 | PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION |
| 475 | OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
| 476 | |
| 477 | 1. DEFINITIONS |
| 478 | |
| 479 | "Contribution" means: |
| 480 | |
| 481 | a) in the case of the initial Contributor, the initial code and |
| 482 | documentation distributed under this Agreement, and |
| 483 | b) in the case of each subsequent Contributor: |
| 484 | |
| 485 | i) changes to the Program, and |
| 486 | |
| 487 | ii) additions to the Program; |
| 488 | |
| 489 | where such changes and/or additions to the Program originate from |
| 490 | and are distributed by that particular Contributor. A Contribution |
| 491 | 'originates' from a Contributor if it was added to the Program |
| 492 | by such Contributor itself or anyone acting on such Contributor's |
| 493 | behalf. Contributions do not include additions to the Program which: |
| 494 | (i) are separate modules of software distributed in conjunction |
| 495 | with the Program under their own license agreement, and (ii) are |
| 496 | not 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 |
| 501 | which are necessarily infringed by the use or sale of its |
| 502 | Contribution alone or when combined with the Program. |
| 503 | |
| 504 | "Program" means the Contributions distributed in accordance with |
| 505 | this Agreement. |
| 506 | |
| 507 | "Recipient" means anyone who receives the Program under this |
| 508 | Agreement, including all Contributors. |
| 509 | |
| 510 | 2. GRANT OF RIGHTS |
| 511 | |
| 512 | a) 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 | |
| 519 | b) 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 | |
| 531 | c) 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 | |
| 545 | d) 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 | |
| 549 | 3. REQUIREMENTS |
| 550 | |
| 551 | A Contributor may choose to distribute the Program in object code |
| 552 | form under its own license agreement, provided that: |
| 553 | |
| 554 | a) it complies with the terms and conditions of this Agreement; and |
| 555 | |
| 556 | b) its license agreement: |
| 557 | |
| 558 | i) 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 | |
| 563 | ii) 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 | |
| 567 | iii) 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 | |
| 571 | iv) 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 | |
| 575 | When the Program is made available in source code form: |
| 576 | |
| 577 | a) it must be made available under this Agreement; and |
| 578 | |
| 579 | b) a copy of this Agreement must be included with each copy of the Program. |
| 580 | |
| 581 | Contributors may not remove or alter any copyright notices contained |
| 582 | within the Program. |
| 583 | |
| 584 | Each Contributor must identify itself as the originator of its |
| 585 | Contribution, if any, in a manner that reasonably allows subsequent |
| 586 | Recipients to identify the originator of the Contribution. |
| 587 | |
| 588 | 4. COMMERCIAL DISTRIBUTION |
| 589 | |
| 590 | Commercial distributors of software may accept certain |
| 591 | responsibilities with respect to end users, business partners and the |
| 592 | like. While this license is intended to facilitate the commercial |
| 593 | use of the Program, the Contributor who includes the Program in a |
| 594 | commercial product offering should do so in a manner which does not |
| 595 | create potential liability for other Contributors. Therefore, if a |
| 596 | Contributor includes the Program in a commercial product offering, |
| 597 | such Contributor ("Commercial Contributor") hereby agrees to defend |
| 598 | and indemnify every other Contributor ("Indemnified Contributor") |
| 599 | against any losses, damages and costs (collectively "Losses") arising |
| 600 | from claims, lawsuits and other legal actions brought by a third |
| 601 | party against the Indemnified Contributor to the extent caused by |
| 602 | the acts or omissions of such Commercial Contributor in connection |
| 603 | with its distribution of the Program in a commercial product |
| 604 | offering. The obligations in this section do not apply to any claims |
| 605 | or Losses relating to any actual or alleged intellectual property |
| 606 | infringement. In order to qualify, an Indemnified Contributor must: |
| 607 | a) promptly notify the Commercial Contributor in writing of such |
| 608 | claim, and b) allow the Commercial Contributor to control, and |
| 609 | cooperate with the Commercial Contributor in, the defense and any |
| 610 | related settlement negotiations. The Indemnified Contributor may |
| 611 | participate in any such claim at its own expense. |
| 612 | |
| 613 | For example, a Contributor might include the Program in a |
| 614 | commercial product offering, Product X. That Contributor is then a |
| 615 | Commercial Contributor. If that Commercial Contributor then makes |
| 616 | performance claims, or offers warranties related to Product X, those |
| 617 | performance claims and warranties are such Commercial Contributor's |
| 618 | responsibility alone. Under this section, the Commercial Contributor |
| 619 | would have to defend claims against the other Contributors related |
| 620 | to those performance claims and warranties, and if a court requires |
| 621 | any other Contributor to pay any damages as a result, the Commercial |
| 622 | Contributor must pay those damages. |
| 623 | |
| 624 | 5. NO WARRANTY |
| 625 | |
| 626 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS |
| 627 | PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY |
| 628 | KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY |
| 629 | WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY |
| 630 | OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely |
| 631 | responsible for determining the appropriateness of using and |
| 632 | distributing the Program and assumes all risks associated with |
| 633 | its exercise of rights under this Agreement , including but not |
| 634 | limited to the risks and costs of program errors, compliance with |
| 635 | applicable laws, damage to or loss of data, programs or equipment, |
| 636 | and unavailability or interruption of operations. |
| 637 | |
| 638 | 6. DISCLAIMER OF LIABILITY |
| 639 | |
| 640 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT |
| 641 | NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, |
| 642 | INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES |
| 643 | (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND |
| 644 | ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, |
| 645 | OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT |
| 646 | OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY |
| 647 | RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF |
| 648 | SUCH DAMAGES. |
| 649 | |
| 650 | 7. GENERAL |
| 651 | |
| 652 | If any provision of this Agreement is invalid or unenforceable under |
| 653 | applicable law, it shall not affect the validity or enforceability of |
| 654 | the remainder of the terms of this Agreement, and without further |
| 655 | action by the parties hereto, such provision shall be reformed |
| 656 | to the minimum extent necessary to make such provision valid and |
| 657 | enforceable. |
| 658 | |
| 659 | If Recipient institutes patent litigation against any entity |
| 660 | (including a cross-claim or counterclaim in a lawsuit) alleging |
| 661 | that the Program itself (excluding combinations of the Program with |
| 662 | other software or hardware) infringes such Recipient's patent(s), |
| 663 | then such Recipient's rights granted under Section 2(b) shall |
| 664 | terminate as of the date such litigation is filed. |
| 665 | |
| 666 | All Recipient's rights under this Agreement shall terminate if |
| 667 | it fails to comply with any of the material terms or conditions |
| 668 | of this Agreement and does not cure such failure in a reasonable |
| 669 | period of time after becoming aware of such noncompliance. If all |
| 670 | Recipient's rights under this Agreement terminate, Recipient agrees |
| 671 | to cease use and distribution of the Program as soon as reasonably |
| 672 | practicable. However, Recipient's obligations under this Agreement |
| 673 | and any licenses granted by Recipient relating to the Program shall |
| 674 | continue and survive. |
| 675 | |
| 676 | Everyone is permitted to copy and distribute copies of this |
| 677 | Agreement, but in order to avoid inconsistency the Agreement is |
| 678 | copyrighted and may only be modified in the following manner. The |
| 679 | Agreement Steward reserves the right to publish new versions |
| 680 | (including revisions) of this Agreement from time to time. No |
| 681 | one other than the Agreement Steward has the right to modify |
| 682 | this Agreement. The Eclipse Foundation is the initial Agreement |
| 683 | Steward. The Eclipse Foundation may assign the responsibility to |
| 684 | serve as the Agreement Steward to a suitable separate entity. Each |
| 685 | new version of the Agreement will be given a distinguishing |
| 686 | version number. The Program (including Contributions) may always be |
| 687 | distributed subject to the version of the Agreement under which it |
| 688 | was received. In addition, after a new version of the Agreement is |
| 689 | published, Contributor may elect to distribute the Program (including |
| 690 | its Contributions) under the new version. Except as expressly stated |
| 691 | in Sections 2(a) and 2(b) above, Recipient receives no rights or |
| 692 | licenses to the intellectual property of any Contributor under |
| 693 | this Agreement, whether expressly, by implication, estoppel or |
| 694 | otherwise. All rights in the Program not expressly granted under |
| 695 | this Agreement are reserved. |
| 696 | |
| 697 | This Agreement is governed by the laws of the State of New York and |
| 698 | the intellectual property laws of the United States of America. No |
| 699 | party to this Agreement will bring a legal action under this |
| 700 | Agreement more than one year after the cause of action arose. Each |
| 701 | party waives its rights to a jury trial in any resulting litigation. |
| 702 | ---- |
| 703 | |
| 704 | ---- |
| 705 | Export Control Classification Number (ECCN) |
| 706 | |
| 707 | As far as we know, the U.S. Export Control Classification Number |
| 708 | (ECCN) for this software is 5D002. However, for legal reasons, we |
| 709 | can make no warranty that this information is correct. For details, |
| 710 | see also the Apache Software Foundation Export Classifications page. |