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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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