Changes between Version 1 and Version 2 of License

Timestamp:

10/19/09 19:44:36 (15 years ago)

Author:

zeiss

Comment:

--

License

@@ -1 +1 @@
 = Exercises License =
+
+{{{
+#!html
+<div class="Section1">
+
+<p style="text-align: center;" align="center"><b>Eclipse Public License - v 1.0</b>
+
+</p>
+
+<p><span style="font-size: 10pt;">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.</span> </p>
+
+<p><b><span style="font-size: 10pt;">1. DEFINITIONS</span></b> </p>
+
+<p><span style="font-size: 10pt;">"Contribution" means:</span> </p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">a)
+in the case of the initial Contributor, the initial code and documentation
+distributed under this Agreement, and<br clear="left">
+b) in the case of each subsequent Contributor:</span></p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">i)
+changes to the Program, and</span></p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">ii)
+additions to the Program;</span></p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">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. </span></p>
+
+<p><span style="font-size: 10pt;">"Contributor" means any person or
+entity that distributes the Program.</span> </p>
+
+<p><span style="font-size: 10pt;">"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. </span></p>
+
+<p><span style="font-size: 10pt;">"Program" means the Contributions
+distributed in accordance with this Agreement.</span> </p>
+
+<p><span style="font-size: 10pt;">"Recipient" means anyone who
+receives the Program under this Agreement, including all Contributors.</span> </p>
+
+<p><b><span style="font-size: 10pt;">2. GRANT OF RIGHTS</span></b> </p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">a)
+Subject to the terms of this Agreement, each Contributor hereby grants Recipient
+a non-exclusive, worldwide, royalty-free copyright license to<span style="color: red;"> </span>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.</span></p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">b)
+Subject to the terms of this Agreement, each Contributor hereby grants
+Recipient a non-exclusive, worldwide,<span style="color: green;"> </span>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. </span></p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">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.</span></p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">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. </span></p>
+
+<p><b><span style="font-size: 10pt;">3. REQUIREMENTS</span></b> </p>
+
+<p><span style="font-size: 10pt;">A Contributor may choose to distribute the
+Program in object code form under its own license agreement, provided that:</span>
+
+</p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">a)
+it complies with the terms and conditions of this Agreement; and</span></p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">b)
+its license agreement:</span></p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">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; </span></p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">ii)
+effectively excludes on behalf of all Contributors all liability for damages,
+including direct, indirect, special, incidental and consequential damages, such
+as lost profits; </span></p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">iii)
+states that any provisions which differ from this Agreement are offered by that
+Contributor alone and not by any other party; and</span></p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">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.<span style="color: blue;"> </span></span></p>
+
+<p><span style="font-size: 10pt;">When the Program is made available in source
+code form:</span> </p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">a)
+it must be made available under this Agreement; and </span></p>
+
+<p class="MsoNormal" style="margin-left: 0.5in;"><span style="font-size: 10pt;">b) a
+copy of this Agreement must be included with each copy of the Program. </span></p>
+
+<p><span style="font-size: 10pt;">Contributors may not remove or alter any
+copyright notices contained within the Program. </span></p>
+
+<p><span style="font-size: 10pt;">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. </span></p>
+
+<p><b><span style="font-size: 10pt;">4. COMMERCIAL DISTRIBUTION</span></b> </p>
+
+<p><span style="font-size: 10pt;">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.</span> </p>
+
+<p><span style="font-size: 10pt;">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.</span> </p>
+
+<p><b><span style="font-size: 10pt;">5. NO WARRANTY</span></b> </p>
+
+<p><span style="font-size: 10pt;">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. </span></p>
+
+<p><b><span style="font-size: 10pt;">6. DISCLAIMER OF LIABILITY</span></b> </p>
+
+<p><span style="font-size: 10pt;">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.</span> </p>
+
+<p><b><span style="font-size: 10pt;">7. GENERAL</span></b> </p>
+
+<p><span style="font-size: 10pt;">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.</span> </p>
+
+<p><span style="font-size: 10pt;">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. </span></p>
+
+<p><span style="font-size: 10pt;">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. </span></p>
+
+<p><span style="font-size: 10pt;">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.</span> </p>
+
+<p><span style="font-size: 10pt;">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.</span> </p>
+
+<p class="MsoNormal"><!--[if !supportEmptyParas]-->&nbsp;<!--[endif]--><o:p></o:p></p>
+
+</div>
+
+
+}}}