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diff --git a/lib/org.restlet.License b/lib/org.restlet.License deleted file mode 100644 index 9768de819..000000000 --- a/lib/org.restlet.License +++ /dev/null @@ -1,1451 +0,0 @@ - -================= -License agreement -================= - - -Version 6.3, January 2012 - -This software distribution, including the "Restlet API" and the "Restlet Framework", -is provided to you under either the Apache license version 2.0 or the LGPL license -version 3.0 or the LGPL license version 2.1 or the CDDL license version 1.0 or the -EPL license version 1.0. - -In addition, we want to expressly mention that Restlet, the only -copyright holder of the whole source code, has no intention to release future -versions of the Restlet open source project under more restrictive licences -(such as GPL). If we change the license again in the future, it could only be -for a less restrictive license. 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Each time you redistribute the Library (or any work based on the -Library), the recipient automatically receives a license from the -original licensor to copy, distribute, link with or modify the Library -subject to these terms and conditions. You may not impose any further -restrictions on the recipients' exercise of the rights granted herein. -You are not responsible for enforcing compliance by third parties with -this License. - - 11. If, as a consequence of a court judgment or allegation of patent -infringement or for any other reason (not limited to patent issues), -conditions are imposed on you (whether by court order, agreement or -otherwise) that contradict the conditions of this License, they do not -excuse you from the conditions of this License. If you cannot -distribute so as to satisfy simultaneously your obligations under this -License and any other pertinent obligations, then as a consequence you -may not distribute the Library at all. 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Many people have made -generous contributions to the wide range of software distributed -through that system in reliance on consistent application of that -system; it is up to the author/donor to decide if he or she is willing -to distribute software through any other system and a licensee cannot -impose that choice. - -This section is intended to make thoroughly clear what is believed to -be a consequence of the rest of this License. - - 12. If the distribution and/or use of the Library is restricted in -certain countries either by patents or by copyrighted interfaces, the -original copyright holder who places the Library under this License may add -an explicit geographical distribution limitation excluding those countries, -so that distribution is permitted only in or among countries not thus -excluded. In such case, this License incorporates the limitation as if -written in the body of this License. - - 13. The Free Software Foundation may publish revised and/or new -versions of the Lesser General Public License from time to time. -Such new versions will be similar in spirit to the present version, -but may differ in detail to address new problems or concerns. - -Each version is given a distinguishing version number. If the Library -specifies a version number of this License which applies to it and -"any later version", you have the option of following the terms and -conditions either of that version or of any later version published by -the Free Software Foundation. If the Library does not specify a -license version number, you may choose any version ever published by -the Free Software Foundation. - - 14. If you wish to incorporate parts of the Library into other free -programs whose distribution conditions are incompatible with these, -write to the author to ask for permission. For software which is -copyrighted by the Free Software Foundation, write to the Free -Software Foundation; we sometimes make exceptions for this. Our -decision will be guided by the two goals of preserving the free status -of all derivatives of our free software and of promoting the sharing -and reuse of software generally. - - NO WARRANTY - - 15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO -WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. -EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR -OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY -KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE -IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR -PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE -LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME -THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. - - 16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN -WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY -AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU -FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR -CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE -LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING -RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A -FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF -SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH -DAMAGES. - - END OF TERMS AND CONDITIONS - -_______________________________________________________________________ - - -COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 - - - 1. Definitions. - - 1.1. "Contributor" means each individual or entity that - creates or contributes to the creation of Modifications. - - 1.2. "Contributor Version" means the combination of the - Original Software, prior Modifications used by a - Contributor (if any), and the Modifications made by that - particular Contributor. - - 1.3. "Covered Software" means (a) the Original Software, or - (b) Modifications, or (c) the combination of files - containing Original Software with files containing - Modifications, in each case including portions thereof. - - 1.4. "Executable" means the Covered Software in any form - other than Source Code. - - 1.5. "Initial Developer" means the individual or entity - that first makes Original Software available under this - License. - - 1.6. "Larger Work" means a work which combines Covered - Software or portions thereof with code not governed by the - terms of this License. - - 1.7. "License" means this document. - - 1.8. "Licensable" means having the right to grant, to the - maximum extent possible, whether at the time of the initial - grant or subsequently acquired, any and all of the rights - conveyed herein. - - 1.9. "Modifications" means the Source Code and Executable - form of any of the following: - - A. Any file that results from an addition to, - deletion from or modification of the contents of a - file containing Original Software or previous - Modifications; - - B. Any new file that contains any part of the - Original Software or previous Modification; or - - C. Any new file that is contributed or otherwise made - available under the terms of this License. - - 1.10. "Original Software" means the Source Code and - Executable form of computer software code that is - originally released under this License. - - 1.11. "Patent Claims" means any patent claim(s), now owned - or hereafter acquired, including without limitation, - method, process, and apparatus claims, in any patent - Licensable by grantor. - - 1.12. "Source Code" means (a) the common form of computer - software code in which modifications are made and (b) - associated documentation included in or with such code. - - 1.13. "You" (or "Your") means an individual or a legal - entity exercising rights under, and complying with all of - the terms of, this License. For legal entities, "You" - includes any entity which controls, is controlled by, or is - under common control with You. For purposes of this - definition, "control" means (a) the power, direct or - indirect, to cause the direction or management of such - entity, whether by contract or otherwise, or (b) ownership - of more than fifty percent (50%) of the outstanding shares - or beneficial ownership of such entity. - - 2. License Grants. - - 2.1. The Initial Developer Grant. - - Conditioned upon Your compliance with Section 3.1 below and - subject to third party intellectual property claims, the - Initial Developer hereby grants You a world-wide, - royalty-free, non-exclusive license: - - (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 Software (or - portions thereof), with or without Modifications, - and/or as part of a Larger Work; and - - (b) under Patent Claims infringed by the making, - using or selling of Original Software, to make, have - made, use, practice, sell, and offer for sale, and/or - otherwise dispose of the Original Software (or - portions thereof). - - (c) The licenses granted in Sections 2.1(a) and (b) - are effective on the date Initial Developer first - distributes or otherwise makes the Original Software - available to a third party under the terms of this - License. - - (d) Notwithstanding Section 2.1(b) above, no patent - license is granted: (1) for code that You delete from - the Original Software, or (2) for infringements - caused by: (i) the modification of the Original - Software, or (ii) the combination of the Original - Software with other software or devices. - - 2.2. Contributor Grant. - - Conditioned upon Your compliance with Section 3.1 below and - subject to third party intellectual property claims, each - Contributor hereby grants You a world-wide, royalty-free, - non-exclusive license: - - (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 Software and/or as part of a Larger Work; and - - - (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). - - (c) The licenses granted in Sections 2.2(a) and - 2.2(b) are effective on the date Contributor first - distributes or otherwise makes the Modifications - available to a third party. - - (d) Notwithstanding Section 2.2(b) above, no patent - license is granted: (1) for any code that Contributor - has deleted from the Contributor Version; (2) 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 (3) under - Patent Claims infringed by Covered Software in the - absence of Modifications made by that Contributor. - - 3. Distribution Obligations. - - 3.1. Availability of Source Code. - - Any Covered Software that You distribute or otherwise make - available in Executable form must also be made available in - Source Code form and that Source Code form must be - distributed only under the terms of this License. You must - include a copy of this License with every copy of the - Source Code form of the Covered Software You distribute or - otherwise make available. You must inform recipients of any - such Covered Software in Executable form as to how they can - obtain such Covered Software in Source Code form in a - reasonable manner on or through a medium customarily used - for software exchange. - - 3.2. Modifications. - - The Modifications that You create or to which You - contribute are governed by the terms of this License. You - represent that You believe Your Modifications are Your - original creation(s) and/or You have sufficient rights to - grant the rights conveyed by this License. - - 3.3. Required Notices. - - You must include a notice in each of Your Modifications - that identifies You as the Contributor of the Modification. - You may not remove or alter any copyright, patent or - trademark notices contained within the Covered Software, or - any notices of licensing or any descriptive text giving - attribution to any Contributor or the Initial Developer. - - 3.4. Application of Additional Terms. - - You may not offer or impose any terms on any Covered - Software in Source Code form that alters or restricts the - applicable version of this License or the recipients? - rights hereunder. You may choose to offer, and to charge a - fee for, warranty, support, indemnity or liability - obligations to one or more recipients of Covered Software. - 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 that any such warranty, - support, indemnity or liability obligation is offered by - You alone, and You hereby agree to indemnify the Initial - Developer and every Contributor for any liability incurred - by the Initial Developer or such Contributor as a result of - warranty, support, indemnity or liability terms You offer. - - - 3.5. Distribution of Executable Versions. - - You may distribute the Executable form of the Covered - Software under the terms of this License or under the terms - of 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 form does not attempt to limit - or alter the recipient?s rights in the Source Code form - from the rights set forth in this License. If You - distribute the Covered Software in Executable form 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 Contributor. You - hereby agree to indemnify the Initial Developer and every - Contributor for any liability incurred by the Initial - Developer or such Contributor as a result of any such terms - You offer. - - 3.6. Larger Works. - - You may create a Larger Work by combining Covered Software - 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 Software. - - 4. Versions of the License. - - 4.1. New Versions. - - Sun Microsystems, Inc. is the initial license steward and - may publish revised and/or new versions of this License - from time to time. Each version will be given a - distinguishing version number. Except as provided in - Section 4.3, no one other than the license steward has the - right to modify this License. - - 4.2. Effect of New Versions. - - You may always continue to use, distribute or otherwise - make the Covered Software available under the terms of the - version of the License under which You originally received - the Covered Software. If the Initial Developer includes a - notice in the Original Software prohibiting it from being - distributed or otherwise made available under any - subsequent version of the License, You must distribute and - make the Covered Software available under the terms of the - version of the License under which You originally received - the Covered Software. Otherwise, You may also choose to - use, distribute or otherwise make the Covered Software - available under the terms of any subsequent version of the - License published by the license steward. - - 4.3. Modified Versions. - - When You are an Initial Developer and You want to create a - new license for Your Original Software, You may create and - use a modified version of this License if You: (a) rename - the license and remove any references to the name of the - license steward (except to note that the license differs - from this License); and (b) otherwise make it clear that - the license contains terms which differ from this License. - - - 5. DISCLAIMER OF WARRANTY. - - COVERED SOFTWARE 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 - SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD ANY - COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS - DISCLAIMER. - - 6. TERMINATION. - - 6.1. 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. Provisions which, by their - nature, must remain in effect beyond the termination of - this License shall survive. - - 6.2. If You assert a patent infringement claim (excluding - declaratory judgment actions) against Initial Developer or - a Contributor (the Initial Developer or Contributor against - whom You assert such claim is referred to as "Participant") - alleging that the Participant Software (meaning the - Contributor Version where the Participant is a Contributor - or the Original Software where the Participant is the - Initial Developer) directly or indirectly infringes any - patent, then any and all rights granted directly or - indirectly to You by such Participant, the Initial - Developer (if the Initial Developer is not the Participant) - and all Contributors under Sections 2.1 and/or 2.2 of this - License shall, upon 60 days notice from Participant - terminate prospectively and automatically at the expiration - of such 60 day notice period, unless if within such 60 day - period You withdraw Your claim with respect to the - Participant Software against such Participant either - unilaterally or pursuant to a written agreement with - Participant. - - 6.3. In the event of termination under Sections 6.1 or 6.2 - above, all end user licenses that have been validly granted - by You or any distributor hereunder prior to termination - (excluding licenses granted to You by any distributor) - shall survive termination. - - 7. LIMITATION OF LIABILITY. - - UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT - (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE - INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF - COVERED SOFTWARE, 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 LOST PROFITS, 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. - - 8. U.S. GOVERNMENT END USERS. - - The Covered Software is a "commercial item," as that term is - defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial - computer software" (as that term is defined at 48 C.F.R. ? - 252.227-7014(a)(1)) and "commercial computer software - documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. - 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 Software with only those rights set forth herein. - This U.S. Government Rights clause is in lieu of, and supersedes, - any other FAR, DFAR, or other clause or provision that addresses - Government rights in computer software under this License. - - 9. MISCELLANEOUS. - - This License represents the complete agreement concerning subject - matter hereof. If any provision of this License is held to be - unenforceable, such provision shall be reformed only to the - extent necessary to make it enforceable. This License shall be - governed by the law of the jurisdiction specified in a notice - contained within the Original Software (except to the extent - applicable law, if any, provides otherwise), excluding such - jurisdiction?s conflict-of-law provisions. Any litigation - relating to this License shall be subject to the jurisdiction of - the courts located in the jurisdiction and venue specified in a - notice contained within the Original Software, 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. - You agree that You alone are responsible for compliance with the - United States export administration regulations (and the export - control laws and regulation of any other countries) when You use, - distribute or otherwise make available any Covered Software. - - 10. RESPONSIBILITY FOR CLAIMS. - - As between Initial Developer and the Contributors, each party is - responsible for claims and damages arising, directly or - indirectly, out of its utilization of rights under this License - and You agree to work with Initial Developer and Contributors to - distribute such responsibility on an equitable basis. Nothing - herein is intended or shall be deemed to constitute any admission - of liability. - -_______________________________________________________________________ - - - Eclipse Public License -v 1.0 - -THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE -PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF -THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. - -1. DEFINITIONS - -"Contribution" means: - -a) in the case of the initial Contributor, the initial code and -documentation distributed under this Agreement, and - -b) in the case of each subsequent Contributor: - -i) changes to the Program, and - -ii) additions to the Program; - -where such changes and/or additions to the Program originate from and -are distributed by that particular Contributor. A Contribution -'originates' from a Contributor if it was added to the Program by -such Contributor itself or anyone acting on such Contributor's behalf. -Contributions do not include additions to the Program which: -(i) are separate modules of software distributed in conjunction with -the Program under their own license agreement, and (ii) are not -derivative works of the Program. - -"Contributor" means any person or entity that distributes the Program. - -"Licensed Patents " mean patent claims licensable by a Contributor -which are necessarily infringed by the use or sale of its Contribution -alone or when combined with the Program. - -"Program" means the Contributions distributed in accordance with this -Agreement. - -"Recipient" means anyone who receives the Program under this Agreement, -including all Contributors. - -2. GRANT OF RIGHTS - -a) Subject to the terms of this Agreement, each Contributor hereby -grants Recipient a non-exclusive, worldwide, royalty-free copyright -license to reproduce, prepare derivative works of, publicly display, -publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and -object code form. - -b) Subject to the terms of this Agreement, each Contributor hereby -grants Recipient a non-exclusive, worldwide, royalty-free patent -license under Licensed Patents to make, use, sell, offer to sell, -import and otherwise transfer the Contribution of such Contributor, -if any, in source code and object code form. This patent license shall -apply to the combination of the Contribution and the Program if, at -the time the Contribution is added by the Contributor, such addition -of the Contribution causes such combination to be covered by the -Licensed Patents. The patent license shall not apply to any other -combinations which include the Contribution. No hardware per se is -licensed hereunder. - -c) Recipient understands that although each Contributor grants the -licenses to its Contributions set forth herein, no assurances are -provided by any Contributor that the Program does not infringe the -patent or other intellectual property rights of any other entity. -Each Contributor disclaims any liability to Recipient for claims -brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the -rights and licenses granted hereunder, each Recipient hereby assumes -sole responsibility to secure any other intellectual property rights -needed, if any. For example, if a third party patent license is -required to allow Recipient to distribute the Program, it is -Recipient's responsibility to acquire that license before distributing -the Program. - -d) Each Contributor represents that to its knowledge it has sufficient -copyright rights in its Contribution, if any, to grant the copyright -license set forth in this Agreement. - -3. REQUIREMENTS - -A Contributor may choose to distribute the Program in object code form -under its own license agreement, provided that: - -a) it complies with the terms and conditions of this Agreement; and - -b) its license agreement: - -i) effectively disclaims on behalf of all Contributors all warranties -and conditions, express and implied, including warranties or conditions -of title and non-infringement, and implied warranties or conditions of -merchantability and fitness for a particular purpose; - -ii) effectively excludes on behalf of all Contributors all liability -for damages, including direct, indirect, special, incidental and -consequential damages, such as lost profits; - -iii) states that any provisions which differ from this Agreement are -offered by that Contributor alone and not by any other party; and - -iv) states that source code for the Program is available from such -Contributor, and informs licensees how to obtain it in a reasonable -manner on or through a medium customarily used for software exchange. - -When the Program is made available in source code form: - -a) it must be made available under this Agreement; and - -b) a copy of this Agreement must be included with each copy of the -Program. - -Contributors may not remove or alter any copyright notices contained -within the Program. - -Each Contributor must identify itself as the originator of its -Contribution, if any, in a manner that reasonably allows subsequent -Recipients to identify the originator of the Contribution. - -4. COMMERCIAL DISTRIBUTION - -Commercial distributors of software may accept certain responsibilities -with respect to end users, business partners and the like. While this -license is intended to facilitate the commercial use of the Program, -the Contributor who includes the Program in a commercial product -offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes -the Program in a commercial product offering, such Contributor -("Commercial Contributor") hereby agrees to defend and indemnify every -other Contributor ("Indemnified Contributor") against any losses, -damages and costs (collectively "Losses") arising from claims, lawsuits -and other legal actions brought by a third party against the -Indemnified Contributor to the extent caused by the acts or omissions -of such Commercial Contributor in connection with its distribution of -the Program in a commercial product offering. The obligations in this -section do not apply to any claims or Losses relating to any actual or -alleged intellectual property infringement. In order to qualify, an -Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial -Contributor to control, and cooperate with the Commercial Contributor -in, the defense and any related settlement negotiations. The -Indemnified Contributor may participate in any such claim at its own -expense. - -For example, a Contributor might include the Program in a commercial -product offering, Product X. That Contributor is then a Commercial -Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance -claims and warranties are such Commercial Contributor's responsibility -alone. Under this section, the Commercial Contributor would have to -defend claims against the other Contributors related to those -performance claims and warranties, and if a court requires any other -Contributor to pay any damages as a result, the Commercial Contributor -must pay those damages. - -5. NO WARRANTY - -EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS -PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY -KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY -WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY -OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and -distributing the Program and assumes all risks associated with its -exercise of rights under this Agreement , including but not limited to -the risks and costs of program errors, compliance with applicable laws, -damage to or loss of data, programs or equipment, and unavailability or -interruption of operations. - -6. DISCLAIMER OF LIABILITY - -EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR -ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, -INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING -WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF -LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR -DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED -HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - -7. GENERAL - -If any provision of this Agreement is invalid or unenforceable under -applicable law, it shall not affect the validity or enforceability of -the remainder of the terms of this Agreement, and without further -action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable. - -If Recipient institutes patent litigation against any entity -(including a cross-claim or counterclaim in a lawsuit) alleging that -the Program itself (excluding combinations of the Program with other -software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of -the date such litigation is filed. - -All Recipient's rights under this Agreement shall terminate if it fails -to comply with any of the material terms or conditions of this -Agreement and does not cure such failure in a reasonable period of time -after becoming aware of such noncompliance. If all Recipient's rights -under this Agreement terminate, Recipient agrees to cease use and -distribution of the Program as soon as reasonably practicable. However, -Recipient's obligations under this Agreement and any licenses granted -by Recipient relating to the Program shall continue and survive. - -Everyone is permitted to copy and distribute copies of this Agreement, -but in order to avoid inconsistency the Agreement is copyrighted and -may only be modified in the following manner. The Agreement Steward -reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement -Steward has the right to modify this Agreement. The Eclipse Foundation -is the initial Agreement Steward. The Eclipse Foundation may assign the -responsibility to serve as the Agreement Steward to a suitable separate -entity. Each new version of the Agreement will be given a -distinguishing version number. The Program (including Contributions) -may always be distributed subject to the version of the Agreement under -which it was received. In addition, after a new version of the -Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as -expressly stated in Sections 2(a) and 2(b) above, Recipient receives no -rights or licenses to the intellectual property of any Contributor -under this Agreement, whether expressly, by implication, estoppel or -otherwise. All rights in the Program not expressly granted under this -Agreement are reserved. - -This Agreement is governed by the laws of the State of New York and the -intellectual property laws of the United States of America. No party to -this Agreement will bring a legal action under this Agreement more than -one year after the cause of action arose. Each party waives its rights -to a jury trial in any resulting litigation. |