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1 | | -THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC |
2 | | -LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
3 | | -CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
4 | | - |
5 | | -1. DEFINITIONS |
6 | | - |
7 | | -"Contribution" means: |
8 | | - |
9 | | -a) in the case of the initial Contributor, the initial code and |
10 | | -documentation distributed under this Agreement, and |
11 | | - |
12 | | -b) in the case of each subsequent Contributor: |
13 | | - |
14 | | -i) changes to the Program, and |
15 | | - |
16 | | -ii) additions to the Program; |
17 | | - |
18 | | -where such changes and/or additions to the Program originate from and are |
19 | | -distributed by that particular Contributor. A Contribution 'originates' from |
20 | | -a Contributor if it was added to the Program by such Contributor itself or |
21 | | -anyone acting on such Contributor's behalf. Contributions do not include |
22 | | -additions to the Program which: (i) are separate modules of software |
23 | | -distributed in conjunction with the Program under their own license |
24 | | -agreement, and (ii) are not derivative works of the Program. |
25 | | - |
26 | | -"Contributor" means any person or entity that distributes the Program. |
27 | | - |
28 | | -"Licensed Patents" mean patent claims licensable by a Contributor which are |
29 | | -necessarily infringed by the use or sale of its Contribution alone or when |
30 | | -combined with the Program. |
31 | | - |
32 | | -"Program" means the Contributions distributed in accordance with this |
33 | | -Agreement. |
34 | | - |
35 | | -"Recipient" means anyone who receives the Program under this Agreement, |
36 | | -including all Contributors. |
37 | | - |
38 | | -2. GRANT OF RIGHTS |
39 | | - |
40 | | -a) Subject to the terms of this Agreement, each Contributor hereby grants |
41 | | -Recipient a non-exclusive, worldwide, royalty-free copyright license to |
42 | | -reproduce, prepare derivative works of, publicly display, publicly perform, |
43 | | -distribute and sublicense the Contribution of such Contributor, if any, and |
44 | | -such derivative works, in source code and object code form. |
45 | | - |
46 | | -b) Subject to the terms of this Agreement, each Contributor hereby grants |
47 | | -Recipient a non-exclusive, worldwide, royalty-free patent license under |
48 | | -Licensed Patents to make, use, sell, offer to sell, import and otherwise |
49 | | -transfer the Contribution of such Contributor, if any, in source code and |
50 | | -object code form. This patent license shall apply to the combination of the |
51 | | -Contribution and the Program if, at the time the Contribution is added by the |
52 | | -Contributor, such addition of the Contribution causes such combination to be |
53 | | -covered by the Licensed Patents. The patent license shall not apply to any |
54 | | -other combinations which include the Contribution. No hardware per se is |
55 | | -licensed hereunder. |
56 | | - |
57 | | -c) Recipient understands that although each Contributor grants the licenses |
58 | | -to its Contributions set forth herein, no assurances are provided by any |
59 | | -Contributor that the Program does not infringe the patent or other |
60 | | -intellectual property rights of any other entity. Each Contributor disclaims |
61 | | -any liability to Recipient for claims brought by any other entity based on |
62 | | -infringement of intellectual property rights or otherwise. As a condition to |
63 | | -exercising the rights and licenses granted hereunder, each Recipient hereby |
64 | | -assumes sole responsibility to secure any other intellectual property rights |
65 | | -needed, if any. For example, if a third party patent license is required to |
66 | | -allow Recipient to distribute the Program, it is Recipient's responsibility |
67 | | -to acquire that license before distributing the Program. |
68 | | - |
69 | | -d) Each Contributor represents that to its knowledge it has sufficient |
70 | | -copyright rights in its Contribution, if any, to grant the copyright license |
71 | | -set forth in this Agreement. |
72 | | - |
73 | | -3. REQUIREMENTS |
74 | | - |
75 | | -A Contributor may choose to distribute the Program in object code form under |
76 | | -its own license agreement, provided that: |
77 | | - |
78 | | -a) it complies with the terms and conditions of this Agreement; and |
79 | | - |
80 | | -b) its license agreement: |
81 | | - |
82 | | -i) effectively disclaims on behalf of all Contributors all warranties and |
83 | | -conditions, express and implied, including warranties or conditions of title |
84 | | -and non-infringement, and implied warranties or conditions of merchantability |
85 | | -and fitness for a particular purpose; |
86 | | - |
87 | | -ii) effectively excludes on behalf of all Contributors all liability for |
88 | | -damages, including direct, indirect, special, incidental and consequential |
89 | | -damages, such as lost profits; |
90 | | - |
91 | | -iii) states that any provisions which differ from this Agreement are offered |
92 | | -by that Contributor alone and not by any other party; and |
93 | | - |
94 | | -iv) states that source code for the Program is available from such |
95 | | -Contributor, and informs licensees how to obtain it in a reasonable manner on |
96 | | -or through a medium customarily used for software exchange. |
97 | | - |
98 | | -When the Program is made available in source code form: |
99 | | - |
100 | | -a) it must be made available under this Agreement; and |
101 | | - |
102 | | -b) a copy of this Agreement must be included with each copy of the Program. |
103 | | - |
104 | | -Contributors may not remove or alter any copyright notices contained within |
105 | | -the Program. |
106 | | - |
107 | | -Each Contributor must identify itself as the originator of its Contribution, |
108 | | -if any, in a manner that reasonably allows subsequent Recipients to identify |
109 | | -the originator of the Contribution. |
110 | | - |
111 | | -4. COMMERCIAL DISTRIBUTION |
112 | | - |
113 | | -Commercial distributors of software may accept certain responsibilities with |
114 | | -respect to end users, business partners and the like. While this license is |
115 | | -intended to facilitate the commercial use of the Program, the Contributor who |
116 | | -includes the Program in a commercial product offering should do so in a |
117 | | -manner which does not create potential liability for other Contributors. |
118 | | -Therefore, if a Contributor includes the Program in a commercial product |
119 | | -offering, such Contributor ("Commercial Contributor") hereby agrees to defend |
120 | | -and indemnify every other Contributor ("Indemnified Contributor") against any |
121 | | -losses, damages and costs (collectively "Losses") arising from claims, |
122 | | -lawsuits and other legal actions brought by a third party against the |
123 | | -Indemnified Contributor to the extent caused by the acts or omissions of such |
124 | | -Commercial Contributor in connection with its distribution of the Program in |
125 | | -a commercial product offering. The obligations in this section do not apply |
126 | | -to any claims or Losses relating to any actual or alleged intellectual |
127 | | -property infringement. In order to qualify, an Indemnified Contributor must: |
128 | | -a) promptly notify the Commercial Contributor in writing of such claim, and |
129 | | -b) allow the Commercial Contributor tocontrol, and cooperate with the |
130 | | -Commercial Contributor in, the defense and any related settlement |
131 | | -negotiations. The Indemnified Contributor may participate in any such claim |
132 | | -at its own expense. |
133 | | - |
134 | | -For example, a Contributor might include the Program in a commercial product |
135 | | -offering, Product X. That Contributor is then a Commercial Contributor. If |
136 | | -that Commercial Contributor then makes performance claims, or offers |
137 | | -warranties related to Product X, those performance claims and warranties are |
138 | | -such Commercial Contributor's responsibility alone. Under this section, the |
139 | | -Commercial Contributor would have to defend claims against the other |
140 | | -Contributors related to those performance claims and warranties, and if a |
141 | | -court requires any other Contributor to pay any damages as a result, the |
142 | | -Commercial Contributor must pay those damages. |
143 | | - |
144 | | -5. NO WARRANTY |
145 | | - |
146 | | -EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON |
147 | | -AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER |
148 | | -EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR |
149 | | -CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A |
150 | | -PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the |
151 | | -appropriateness of using and distributing the Program and assumes all risks |
152 | | -associated with its exercise of rights under this Agreement , including but |
153 | | -not limited to the risks and costs of program errors, compliance with |
154 | | -applicable laws, damage to or loss of data, programs or equipment, and |
155 | | -unavailability or interruption of operations. |
156 | | - |
157 | | -6. DISCLAIMER OF LIABILITY |
158 | | - |
159 | | -EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
160 | | -CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
161 | | -SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION |
162 | | -LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN |
163 | | -CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
164 | | -ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE |
165 | | -EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY |
166 | | -OF SUCH DAMAGES. |
167 | | - |
168 | | -7. GENERAL |
169 | | - |
170 | | -If any provision of this Agreement is invalid or unenforceable under |
171 | | -applicable law, it shall not affect the validity or enforceability of the |
172 | | -remainder of the terms of this Agreement, and without further action by the |
173 | | -parties hereto, such provision shall be reformed to the minimum extent |
174 | | -necessary to make such provision valid and enforceable. |
175 | | - |
176 | | -If Recipient institutes patent litigation against any entity (including a |
177 | | -cross-claim or counterclaim in a lawsuit) alleging that the Program itself |
178 | | -(excluding combinations of the Program with other software or hardware) |
179 | | -infringes such Recipient's patent(s), then such Recipient's rights granted |
180 | | -under Section 2(b) shall terminate as of the date such litigation is filed. |
181 | | - |
182 | | -All Recipient's rights under this Agreement shall terminate if it fails to |
183 | | -comply with any of the material terms or conditions of this Agreement and |
184 | | -does not cure such failure in a reasonable period of time after becoming |
185 | | -aware of such noncompliance. If all Recipient's rights under this Agreement |
186 | | -terminate, Recipient agrees to cease use and distribution of the Program as |
187 | | -soon as reasonably practicable. However, Recipient's obligations under this |
188 | | -Agreement and any licenses granted by Recipient relating to the Program shall |
189 | | -continue and survive. |
190 | | - |
191 | | -Everyone is permitted to copy and distribute copies of this Agreement, but in |
192 | | -order to avoid inconsistency the Agreement is copyrighted and may only be |
193 | | -modified in the following manner. The Agreement Steward reserves the right to |
194 | | -publish new versions (including revisions) of this Agreement from time to |
195 | | -time. No one other than the Agreement Steward has the right to modify this |
196 | | -Agreement. The Eclipse Foundation is the initial Agreement Steward. The |
197 | | -Eclipse Foundation may assign the responsibility to serve as the Agreement |
198 | | -Steward to a suitable separate entity. Each new version of the Agreement will |
199 | | -be given a distinguishing version number. The Program (including |
200 | | -Contributions) may always be distributed subject to the version of the |
201 | | -Agreement under which it was received. In addition, after a new version of |
202 | | -the Agreement is published, Contributor may elect to distribute the Program |
203 | | -(including its Contributions) under the new version. Except as expressly |
204 | | -stated in Sections 2(a) and 2(b) above, Recipient receives no rights or |
205 | | -licenses to the intellectual property of any Contributor under this |
206 | | -Agreement, whether expressly, by implication, estoppel or otherwise. All |
207 | | -rights in the Program not expressly granted under this Agreement are |
208 | | -reserved. |
209 | | - |
210 | | -This Agreement is governed by the laws of the State of Washington and the |
211 | | -intellectual property laws of the United States of America. No party to this |
212 | | -Agreement will bring a legal action under this Agreement more than one year |
213 | | -after the cause of action arose. Each party waives its rights to a jury trial |
214 | | -in any resulting litigation. |
| 1 | +Copyright 2014 Toshiki Takeuchi |
| 2 | + |
| 3 | +Permission is hereby granted, free of charge, to any person obtaining a copy of |
| 4 | +this software and associated documentation files (the "Software"), to deal in |
| 5 | +the Software without restriction, including without limitation the rights to |
| 6 | +use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of |
| 7 | +the Software, and to permit persons to whom the Software is furnished to do so, |
| 8 | +subject to the following conditions: |
| 9 | + |
| 10 | +The above copyright notice and this permission notice shall be included in all |
| 11 | +copies or substantial portions of the Software. |
| 12 | + |
| 13 | +THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR |
| 14 | +IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS |
| 15 | +FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR |
| 16 | +COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER |
| 17 | +IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN |
| 18 | +CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. |
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