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Diffstat (limited to 'source/ap/ksh93/EPL-1.0')
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diff --git a/source/ap/ksh93/EPL-1.0 b/source/ap/ksh93/EPL-1.0 new file mode 100644 index 00000000..76abcb3d --- /dev/null +++ b/source/ap/ksh93/EPL-1.0 @@ -0,0 +1,213 @@ + + Eclipse Public License, Version 1.0 (EPL-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. + |