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| |
| <h1>License</h1> |
| |
| <h2>Summary and License FAQ</h2> |
| <p> |
| H2 is dual licensed and available under a modified version of the |
| MPL 1.1 (<a href="http://www.mozilla.org/MPL">Mozilla Public License</a>) |
| or EPL 1.0 (<a href="http://opensource.org/licenses/eclipse-1.0.php">Eclipse Public License</a>). |
| The changes are <em class="u">underlined</em>. |
| There is a License FAQ for both the MPL and the EPL, most of that is applicable to the H2 License as well. |
| </p> |
| <ul> |
| <li>You can use H2 for free. You can integrate it into your application (including commercial applications), |
| and you can distribute it. |
| </li><li>Files containing only your code are not covered by this license (it is 'commercial friendly'). |
| </li><li>Modifications to the H2 source code must be published. |
| </li><li>You don't need to provide the source code of H2 if you did not modify anything. |
| </li></ul> |
| |
| <p> |
| However, nobody is allowed to rename H2, modify it a little, and sell it as a database engine without telling the customers it is in fact H2. |
| This happened to HSQLDB, when a company called 'bungisoft' copied HSQLDB, renamed it to 'RedBase', and tried to sell it, |
| hiding the fact that it was, in fact, just HSQLDB. At this time, it seems 'bungisoft' does not exist any more, but you can use the |
| Wayback Machine of http://www.archive.org and look for old web pages of http://www.bungisoft.com . |
| </p><p> |
| About porting the source code to another language (for example C# or C++): Converted source code (even if done manually) stays under the same |
| copyright and license as the original code. The copyright of the ported source code does not (automatically) go to the person who ported the code. |
| </p> |
| |
| <h2>H2 License, Version 1.0</h2> |
| |
| <h3 id="section-1">1. Definitions</h3> |
| <p id="section-1.0.1"><b>1.0.1. "Commercial Use"</b> |
| means distribution or otherwise making the Covered Code available to a third party. |
| </p> |
| <p id="section-1.1"><b>1.1. "Contributor"</b> |
| means each entity that creates or contributes to the creation of Modifications. |
| </p> |
| <p id="section-1.2"><b>1.2. "Contributor Version"</b> |
| means the combination of the Original Code, prior Modifications used by a Contributor, |
| and the Modifications made by that particular Contributor. |
| </p> |
| <p id="section-1.3"><b>1.3. "Covered Code"</b> |
| means the Original Code or Modifications or the combination of the Original Code and |
| Modifications, in each case including portions thereof. |
| </p> |
| <p id="section-1.4"><b>1.4. "Electronic Distribution Mechanism"</b> |
| means a mechanism generally accepted in the software development community for the |
| electronic transfer of data. |
| </p> |
| <p id="section-1.5"><b>1.5. "Executable"</b> |
| means Covered Code in any form other than Source Code. |
| </p> |
| <p id="section-1.6"><b>1.6. "Initial Developer"</b> |
| means the individual or entity identified as the Initial Developer in the Source Code |
| notice required by <a href="#exhibit-a">Exhibit A</a>. |
| </p> |
| <p id="section-1.7"><b>1.7. "Larger Work"</b> |
| means a work which combines Covered Code or portions thereof with code not governed |
| by the terms of this License. |
| </p> |
| <p id="section-1.8"><b>1.8. "License"</b> |
| means this document. |
| </p> |
| <p id="section-1.8.1"><b>1.8.1. "Licensable"</b> |
| 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. |
| </p> |
| <p id="section-1.9"><b>1.9. "Modifications"</b> |
| 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: |
| </p> |
| <p id="section-1.9-a">1.9.a. Any addition to or deletion from the contents of a file |
| containing Original Code or previous Modifications. |
| </p> |
| <p id="section-1.9-b">1.9.b. Any new file that contains any part of the Original Code or |
| previous Modifications. |
| </p> |
| <p id="section-1.10"><b>1.10. "Original Code"</b> |
| means Source Code of computer software code which is described in the Source Code |
| notice required by <a href="#exhibit-a">Exhibit A</a> as Original Code, and which, |
| at the time of its release under this License is not already Covered Code governed |
| by this License. |
| </p> |
| <p id="section-1.10.1"><b>1.10.1. "Patent Claims"</b> |
| means any patent claim(s), now owned or hereafter acquired, including without |
| limitation, method, process, and apparatus claims, in any patent Licensable by |
| grantor. |
| </p> |
| <p id="section-1.11"><b>1.11. "Source Code"</b> |
| 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. |
| </p> |
| <p id="section-1.12"><b>1.12. "You" (or "Your")</b> |
| 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 |
| <a href="#section-6.1">Section 6.1.</a> 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. |
| </p> |
| |
| <h3 id="section-2">2. Source Code License</h3> |
| <h4 id="section-2.1">2.1. The Initial Developer Grant</h4> |
| <p> |
| The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive |
| license, subject to third party intellectual property claims: |
| </p> |
| <p id="section-2.1-a">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 |
| </p> |
| <p id="section-2.1-b">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). |
| </p> |
| <p id="section-2.1-c">2.1.c. the licenses granted in this Section 2.1 |
| (<a href="#section-2.1-a">a</a>) and (<a href="#section-2.1-b">b</a>) are effective on |
| the date Initial Developer first distributes Original Code under the terms of this |
| License. |
| </p> |
| <p id="section-2.1-d">2.1.d. Notwithstanding Section 2.1 (<a href="#section-2.1-b">b</a>) |
| 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. |
| </p> |
| |
| <h4 id="section-2.2">2.2. Contributor Grant</h4> |
| <p> |
| Subject to third party intellectual property claims, each Contributor hereby grants You |
| a world-wide, royalty-free, non-exclusive license |
| </p> |
| <p id="section-2.2-a">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 |
| </p> |
| <p id="section-2.2-b">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). |
| </p> |
| <p id="section-2.2-c">2.2.c. the licenses granted in Sections 2.2 |
| (<a href="#section-2.2-a">a</a>) and 2.2 (<a href="#section-2.2-b">b</a>) are effective |
| on the date Contributor first makes Commercial Use of the Covered Code. |
| </p> |
| <p id="section-2.2-d">2.2.c. Notwithstanding Section 2.2 (<a href="#section-2.2-b">b</a>) |
| 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. |
| </p> |
| |
| <h3 id="section-3">3. Distribution Obligations</h3> |
| <h4 id="section-3.1">3.1. Application of License</h4> |
| <p> |
| The Modifications which You create or to which You contribute are governed by the terms |
| of this License, including without limitation Section <a href="#section-2.2">2.2</a>. 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 <a href="#section-6.1">6.1</a>, |
| 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 <a href="#section-3.5">3.5</a>. |
| </p> |
| |
| <h4 id="section-3.2">3.2. Availability of Source Code</h4> |
| <p> |
| 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. |
| </p> |
| |
| <h4 id="section-3.3">3.3. Description of Modifications</h4> |
| <p> |
| 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. |
| </p> |
| |
| <h4 id="section-3.4">3.4. Intellectual Property Matters</h4> |
| <p id="section-3.4-a"><b>3.4.a. Third Party Claims:</b> |
| 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 |
| <a href="#section-2.1">2.1</a> or <a href="#section-2.2">2.2</a>, 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 <a href="#section-3.2">3.2</a>, 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. |
| </p> |
| <p id="section-3.4-b"><b>3.4.b. Contributor APIs:</b> |
| 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. |
| </p> |
| <p id="section-3.4-c"><b>3.4.c. Representations:</b> |
| Contributor represents that, except as disclosed pursuant to Section 3.4 |
| (<a href="#section-3.4-a">a</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. |
| </p> |
| |
| <h4 id="section-3.5">3.5. Required Notices</h4> |
| <p> |
| You must duplicate the notice in <a href="#exhibit-a">Exhibit A</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 |
| <a href="#exhibit-a">Exhibit A</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. |
| </p> |
| |
| <h4 id="section-3.6">3.6. Distribution of Executable Versions</h4> |
| <p> |
| You may distribute Covered Code in Executable form only if the requirements of Sections |
| <a href="#section-3.1">3.1</a>, <a href="#section-3.2">3.2</a>, |
| <a href="#section-3.3">3.3</a>, <a href="#section-3.4">3.4</a> and |
| <a href="#section-3.5">3.5</a> 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 <a href="#section-3.2">3.2</a>. 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. |
| </p> |
| |
| <h4 id="section-3.7">3.7. Larger Works</h4> |
| <p> |
| 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. |
| </p> |
| |
| <h3 id="section-4">4. Inability to Comply Due to Statute or Regulation.</h3> |
| <p> |
| 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 |
| <b>legal</b> file described in Section |
| <a href="#section-3.4">3.4</a> 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. |
| </p> |
| |
| <h3 id="section-5">5. Application of this License.</h3> |
| <p> |
| This License applies to code to which the Initial Developer has attached the notice in |
| <a href="#exhibit-a">Exhibit A</a> and to related Covered Code. |
| </p> |
| |
| <h3 id="section-6">6. Versions of the License.</h3> |
| |
| <h4 id="section-6.1">6.1. New Versions</h4> |
| <p> |
| The <em class="u">H2 Group</em> may publish revised and/or new versions |
| of the License from time to time. Each version will be given a distinguishing version number. |
| </p> |
| |
| <h4 id="section-6.2">6.2. Effect of New Versions</h4> |
| <p> |
| 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 <em class="u">H2 Group</em>. |
| No one other than the <em class="u">H2 Group</em> has the right to modify the terms applicable to Covered Code |
| created under this License. |
| </p> |
| |
| <h4 id="section-6.3">6.3. Derivative Works</h4> |
| <p> |
| 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 <em class="u">"H2 Group", "H2"</em> |
| 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 <em class="u">H2 License</em>. |
| (Filling in the name of the Initial Developer, Original Code or Contributor in the |
| notice described in <a href="#exhibit-a">Exhibit A</a> shall not of themselves be deemed to |
| be modifications of this License.) |
| </p> |
| |
| <h3 id="section-7">7. Disclaimer of Warranty</h3> |
| <p> |
| 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. |
| </p> |
| |
| <h3 id="section-8">8. Termination</h3> |
| <p id="section-8.1">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. |
| </p> |
| |
| <p id="section-8.2">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: |
| </p> |
| <p id="section-8.2-a">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 <a href="#section-2.1">2.1</a> and/or <a href="#section-2.2">2.2</a> 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 <a href="#section-2.1">2.1</a> and/or |
| <a href="#section-2.2">2.2</a> automatically terminate at the expiration of the 60 day |
| notice period specified above. |
| </p> |
| <p id="section-8.2-b">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(<a href="#section-2.1-b">b</a>) |
| and 2.2(<a href="#section-2.2-b">b</a>) are revoked effective as of the date You first |
| made, used, sold, distributed, or had made, Modifications made by that Participant. |
| </p> |
| |
| <p id="section-8.3">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 <a href="#section-2.1">2.1</a> or |
| <a href="#section-2.2">2.2</a> shall be taken into account in determining the amount or |
| value of any payment or license. |
| </p> |
| |
| <p id="section-8.4">8.4. In the event of termination under Sections |
| <a href="#section-8.1">8.1</a> or <a href="#section-8.2">8.2</a> 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. |
| </p> |
| |
| <h3 id="section-9">9. Limitation of Liability</h3> |
| <p> |
| 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. |
| </p> |
| |
| <h3 id="section-10">10. United States Government End Users</h3> |
| <p> |
| 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. |
| </p> |
| |
| <h3 id="section-11">11. Miscellaneous</h3> |
| <p> |
| 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 <em class="u">Swiss</em> 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 <em class="u">Switzerland</em>, any litigation relating to |
| this License shall be subject to the jurisdiction of <em class="u">Switzerland</em>, |
| 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. |
| </p> |
| |
| <h3 id="section-12">12. Responsibility for Claims</h3> |
| <p> |
| 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. |
| </p> |
| |
| <h3 id="section-13">13. Multiple-Licensed Code</h3> |
| <p> |
| 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 <a href="#exhibit-a">Exhibit A</a>. |
| </p> |
| |
| <h3 id="exhibit-a">Exhibit A</h3> |
| <pre> |
| Multiple-Multiple-Licensed under the H2 License, Version 1.0, |
| and under the Eclipse Public License, Version 1.0 |
| , and under the |
| Eclipse Public License, Version 1.0 (http://h2database.com/html/license.html) |
| Initial Developer: H2 Group |
| </pre> |
| |
| <h2>Eclipse Public License - Version 1.0</h2> |
| <p> |
| THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE |
| PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF |
| THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
| </p> |
| |
| <h3>1. DEFINITIONS</h3> |
| <p> |
| "Contribution" means: |
| </p><p> |
| a) in the case of the initial Contributor, the initial code and documentation |
| distributed under this Agreement, and |
| </p><p> |
| b) in the case of each subsequent Contributor: |
| </p><p> |
| i) changes to the Program, and |
| </p><p> |
| ii) additions to the Program; |
| </p><p> |
| where such changes and/or additions to the Program originate from and are |
| distributed by that particular Contributor. A Contribution 'originates' from a |
| Contributor if it was added to the Program by such Contributor itself or anyone |
| acting on such Contributor's behalf. Contributions do not include additions to |
| the Program which: (i) are separate modules of software distributed in conjunction |
| with the Program under their own license agreement, and (ii) are not derivative |
| works of the Program. |
| </p><p> |
| "Contributor" means any person or entity that distributes the Program. |
| </p><p> |
| "Licensed Patents " mean patent claims licensable by a Contributor which are |
| necessarily infringed by the use or sale of its Contribution alone or when combined |
| with the Program. |
| </p><p> |
| "Program" means the Contributions distributed in accordance with this Agreement. |
| </p><p> |
| "Recipient" means anyone who receives the Program under this Agreement, |
| including all Contributors. |
| </p> |
| |
| <h3>2. GRANT OF RIGHTS</h3> |
| <p> |
| a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient |
| a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare |
| derivative works of, publicly display, publicly perform, distribute and sublicense the |
| Contribution of such Contributor, if any, and such derivative works, in source code |
| and object code form. |
| </p><p> |
| b) Subject to the terms of this Agreement, each Contributor hereby grants |
| Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed |
| Patents to make, use, sell, offer to sell, import and otherwise transfer the |
| Contribution of such Contributor, if any, in source code and object code form. |
| This patent license shall apply to the combination of the Contribution and the |
| Program if, at the time the Contribution is added by the Contributor, such addition |
| of the Contribution causes such combination to be covered by the Licensed |
| Patents. The patent license shall not apply to any other combinations which |
| include the Contribution. No hardware per se is licensed hereunder. |
| </p><p> |
| c) Recipient understands that although each Contributor grants the licenses to |
| its Contributions set forth herein, no assurances are provided by any Contributor |
| that the Program does not infringe the patent or other intellectual property |
| rights of any other entity. Each Contributor disclaims any liability to Recipient |
| for claims brought by any other entity based on infringement of intellectual |
| property rights or otherwise. As a condition to exercising the rights and licenses |
| granted hereunder, each Recipient hereby assumes sole responsibility to secure |
| any other intellectual property rights needed, if any. For example, if a third party |
| patent license is required to allow Recipient to distribute the Program, it is |
| Recipient's responsibility to acquire that license before distributing the Program. |
| </p><p> |
| d) Each Contributor represents that to its knowledge it has sufficient copyright |
| rights in its Contribution, if any, to grant the copyright license set forth in this |
| Agreement. |
| </p> |
| |
| <h3>3. REQUIREMENTS</h3> |
| <p> |
| A Contributor may choose to distribute the Program in object code form |
| under its own license agreement, provided that: |
| </p><p> |
| a) it complies with the terms and conditions of this Agreement; and |
| </p><p> |
| b) its license agreement: |
| </p><p> |
| i) effectively disclaims on behalf of all Contributors all warranties and conditions, |
| express and implied, including warranties or conditions of title and |
| non-infringement, and implied warranties or conditions of merchantability and |
| fitness for a particular purpose; |
| </p><p> |
| ii) effectively excludes on behalf of all Contributors all liability for damages, |
| including direct, indirect, special, incidental and consequential damages, |
| such as lost profits; |
| </p><p> |
| iii) states that any provisions which differ from this Agreement are offered by |
| that Contributor alone and not by any other party; and |
| </p><p> |
| iv) states that source code for the Program is available from such Contributor, |
| and informs licensees how to obtain it in a reasonable manner on or through |
| a medium customarily used for software exchange. |
| </p><p> |
| When the Program is made available in source code form: |
| </p><p> |
| a) it must be made available under this Agreement; and |
| </p><p> |
| b) a copy of this Agreement must be included with each copy of the Program. |
| </p><p> |
| Contributors may not remove or alter any copyright notices contained within |
| the Program. |
| </p><p> |
| Each Contributor must identify itself as the originator of its Contribution, |
| if any, in a manner that reasonably allows subsequent Recipients to identify |
| the originator of the Contribution. |
| </p> |
| |
| <h3>4. COMMERCIAL DISTRIBUTION</h3> |
| <p> |
| Commercial distributors of software may accept certain responsibilities with |
| respect to end users, business partners and the like. While this license is |
| intended to facilitate the commercial use of the Program, the Contributor |
| who includes the Program in a commercial product offering should do so |
| in a manner which does not create potential liability for other Contributors. |
| Therefore, if a Contributor includes the Program in a commercial product |
| offering, such Contributor ("Commercial Contributor") hereby agrees to |
| defend and indemnify every other Contributor ("Indemnified Contributor") |
| against any losses, damages and costs (collectively "Losses") arising from |
| claims, lawsuits and other legal actions brought by a third party against the |
| Indemnified Contributor to the extent caused by the acts or omissions of |
| such Commercial Contributor in connection with its distribution of the |
| Program in a commercial product offering. The obligations in this section |
| do not apply to any claims or Losses relating to any actual or alleged |
| intellectual property infringement. In order to qualify, an Indemnified |
| Contributor must: a) promptly notify the Commercial Contributor in writing |
| of such claim, and b) allow the Commercial Contributor to control, and |
| cooperate with the Commercial Contributor in, the defense and any related |
| settlement negotiations. The Indemnified Contributor may participate in |
| any such claim at its own expense. |
| </p><p> |
| For example, a Contributor might include the Program in a commercial |
| product offering, Product X. That Contributor is then a Commercial |
| Contributor. If that Commercial Contributor then makes performance |
| claims, or offers warranties related to Product X, those performance |
| claims and warranties are such Commercial Contributor's responsibility |
| alone. Under this section, the Commercial Contributor would have to |
| defend claims against the other Contributors related to those performance |
| claims and warranties, and if a court requires any other Contributor to pay |
| any damages as a result, the Commercial Contributor must pay those damages. |
| </p> |
| |
| <h3>5. NO WARRANTY</h3> |
| <p> |
| EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM |
| IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR |
| CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, |
| WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
| NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR |
| PURPOSE. Each Recipient is solely responsible for determining the |
| appropriateness of using and distributing the Program and assumes all |
| risks associated with its exercise of rights under this Agreement, including |
| but not limited to the risks and costs of program errors, compliance with |
| applicable laws, damage to or loss of data, programs or equipment, and |
| unavailability or interruption of operations. |
| </p> |
| |
| <h3>6. DISCLAIMER OF LIABILITY</h3> |
| <p> |
| EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER |
| RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR |
| ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR |
| CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
| PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, |
| WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
| NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE |
| USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY |
| RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY |
| OF SUCH DAMAGES. |
| </p> |
| |
| <h3>7. GENERAL</h3> |
| <p> |
| If any provision of this Agreement is invalid or unenforceable under applicable |
| law, it shall not affect the validity or enforceability of the remainder of the |
| terms of this Agreement, and without further action by the parties hereto, |
| such provision shall be reformed to the minimum extent necessary to make |
| such provision valid and enforceable. |
| </p><p> |
| If Recipient institutes patent litigation against any entity (including a cross-claim |
| or counterclaim in a lawsuit) alleging that the Program itself (excluding |
| combinations of the Program with other software or hardware) infringes such |
| Recipient's patent(s), then such Recipient's rights granted under Section |
| 2(b) shall terminate as of the date such litigation is filed. |
| </p><p> |
| All Recipient's rights under this Agreement shall terminate if it fails to comply |
| with any of the material terms or conditions of this Agreement and does |
| not cure such failure in a reasonable period of time after becoming aware |
| of such noncompliance. If all Recipient's rights under this Agreement |
| terminate, Recipient agrees to cease use and distribution of the Program |
| as soon as reasonably practicable. However, Recipient's obligations under |
| this Agreement and any licenses granted by Recipient relating to the |
| Program shall continue and survive. |
| </p><p> |
| Everyone is permitted to copy and distribute copies of this Agreement, but |
| in order to avoid inconsistency the Agreement is copyrighted and may only |
| be modified in the following manner. The Agreement Steward reserves the |
| right to publish new versions (including revisions) of this Agreement from |
| time to time. No one other than the Agreement Steward has the right to |
| modify this Agreement. The Eclipse Foundation is the initial Agreement |
| Steward. The Eclipse Foundation may assign the responsibility to serve as |
| the Agreement Steward to a suitable separate entity. Each new version of |
| the Agreement will be given a distinguishing version number. The Program |
| (including Contributions) may always be distributed subject to the version |
| of the Agreement under which it was received. In addition, after a new |
| version of the Agreement is published, Contributor may elect to distribute |
| the Program (including its Contributions) under the new version. Except as |
| expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights |
| or licenses to the intellectual property of any Contributor under this |
| Agreement, whether expressly, by implication, estoppel or otherwise. |
| All rights in the Program not expressly granted under this Agreement are |
| reserved. |
| </p><p> |
| This Agreement is governed by the laws of <em class="u">Switzerland</em> |
| and the intellectual property laws of <em class="u">Switzerland</em>. |
| No party to this Agreement will bring a legal action under this Agreement more |
| than one year after the cause of action arose. Each party waives its rights |
| to a jury trial in any resulting litigation. |
| </p> |
| |
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