Use
of EclipseLink version 2.7.12 is governed
by the terms
of the license below:
License
The Eclipse Foundation makes available all content
in this plug-in (
"Content").
Unless otherwise indicated below, the Content is provided to you under the terms
and conditions
of the Eclipse Public License Version 1.0 (
"EPL")
and Eclipse
Distribution License Version 1.0 (“EDL”). For purposes
of the EPL,
"Program"
will mean the Content.
If you did
not receive this Content directly
from the Eclipse Foundation, the
Content is being redistributed
by another party (
"Redistributor")
and different
terms
and conditions may apply to your use
of any object code
in the Content.
Check the Redistributor’s license that was provided
with the Content.
If no such
license
exists, contact the Redistributor. Unless otherwise indicated below, the
terms
and conditions
of the EPL
and EDL still apply to any source code
in the
Content
and such source code may be obtained at
http://www.eclipse.org.
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.
Eclipse Distribution License Version 1.0
Copyright (c) 2007, Eclipse Foundation, Inc.
and its licensors.
All rights reserved.
Redistribution
and use
in source
and binary forms,
with or without modification,
are permitted provided that the following conditions are met:
* Redistributions
of source code must retain the above copyright notice,
this list
of conditions
and the following disclaimer.
* Redistributions
in binary form must reproduce the above copyright notice,
this list
of conditions
and the following disclaimer
in the documentation
and/
or
other materials provided
with the distribution.
* Neither the name
of the Eclipse Foundation, Inc. nor the names
of its
contributors may be used to endorse
or promote products derived
from this
software without specific prior written permission.
THIS SOFTWARE IS PROVIDED
BY THE COPYRIGHT HOLDERS
AND CONTRIBUTORS
"AS IS" AND
ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES
OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED.
IN NO EVENT SHALL THE COPYRIGHT OWNER
OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES
(INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS
OR SERVICES;
LOSS
OF USE, DATA,
OR PROFITS;
OR BUSINESS INTERRUPTION) 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
OF THIS
SOFTWARE, EVEN
IF ADVISED
OF THE POSSIBILITY
OF SUCH DAMAGE.