11 		                 Apache License

    11                                  Apache License

   222 Eclipse Public License - v 1.0 

   222 Eclipse Public License - v 1.0

   223 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. 

   223 

   224 1. DEFINITIONS 

   224 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC

   225 "Contribution" means: 

   225 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM

   226 a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and

   226 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

   227 

   228 1. DEFINITIONS

   229 

   230 "Contribution" means:

   231 

   232 a) in the case of the initial Contributor, the initial code and documentation

   233 distributed under this Agreement, and

   234 

   230 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. 

   240 

   231 "Contributor" means any person or entity that distributes the Program. 

   241 where such changes and/or additions to the Program originate from and are

   232 "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. 

   242 distributed by that particular Contributor. A Contribution 'originates' from a

   233 "Program" means the Contributions distributed in accordance with this Agreement. 

   243 Contributor if it was added to the Program by such Contributor itself or anyone

   234 "Recipient" means anyone who receives the Program under this Agreement, including all Contributors. 

   244 acting on such Contributor's behalf. Contributions do not include additions to

   235 2. GRANT OF RIGHTS 

   245 the Program which: (i) are separate modules of software distributed in

   236 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.

   246 conjunction with the Program under their own license agreement, and (ii) are not

   237 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. 

   247 derivative works of the Program.

   238 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.

   248 

   239 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. 

   249 "Contributor" means any person or entity that distributes the Program.

   240 3. REQUIREMENTS 

   250 

   241 A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: 

   251 "Licensed Patents" mean patent claims licensable by a Contributor which are

   252 necessarily infringed by the use or sale of its Contribution alone or when

   253 combined with the Program.

   254 

   255 "Program" means the Contributions distributed in accordance with this Agreement.

   256 

   257 "Recipient" means anyone who receives the Program under this Agreement,

   258 including all Contributors.

   259 

   260 2. GRANT OF RIGHTS

   261 

   262 a) Subject to the terms of this Agreement, each Contributor hereby grants

   263 Recipient a non-exclusive, worldwide, royalty-free copyright license to

   264 reproduce, prepare derivative works of, publicly display, publicly perform,

   265 distribute and sublicense the Contribution of such Contributor, if any, and such

   266 derivative works, in source code and object code form.

   267 

   268 b) Subject to the terms of this Agreement, each Contributor hereby grants

   269 Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed

   270 Patents to make, use, sell, offer to sell, import and otherwise transfer the

   271 Contribution of such Contributor, if any, in source code and object code form.

   272 This patent license shall apply to the combination of the Contribution and the

   273 Program if, at the time the Contribution is added by the Contributor, such

   274 addition of the Contribution causes such combination to be covered by the

   275 Licensed Patents. The patent license shall not apply to any other combinations

   276 which include the Contribution. No hardware per se is licensed hereunder.

   277 

   278 c) Recipient understands that although each Contributor grants the licenses to

   279 its Contributions set forth herein, no assurances are provided by any

   280 Contributor that the Program does not infringe the patent or other intellectual

   281 property rights of any other entity. Each Contributor disclaims any liability to

   282 Recipient for claims brought by any other entity based on infringement of

   283 intellectual property rights or otherwise. As a condition to exercising the

   284 rights and licenses granted hereunder, each Recipient hereby assumes sole

   285 responsibility to secure any other intellectual property rights needed, if any.

   286 For example, if a third party patent license is required to allow Recipient to

   287 distribute the Program, it is Recipient's responsibility to acquire that license

   288 before distributing the Program.

   289 

   290 d) Each Contributor represents that to its knowledge it has sufficient copyright

   291 rights in its Contribution, if any, to grant the copyright license set forth in

   292 this Agreement.

   293 

   294 3. REQUIREMENTS

   295 

   296 A Contributor may choose to distribute the Program in object code form under its

   297 own license agreement, provided that:

   298 

   244 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; 

   302 

   245 ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; 

   303 i) effectively disclaims on behalf of all Contributors all warranties and

   246 iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and

   304 conditions, express and implied, including warranties or conditions of title and

   247 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. 

   305 non-infringement, and implied warranties or conditions of merchantability and

   248 When the Program is made available in source code form: 

   306 fitness for a particular purpose;

   249 a) it must be made available under this Agreement; and 

   307 

   250 b) a copy of this Agreement must be included with each copy of the Program. 

   308 ii) effectively excludes on behalf of all Contributors all liability for

   251 Contributors may not remove or alter any copyright notices contained within the Program. 

   309 damages, including direct, indirect, special, incidental and consequential

   252 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. 

   310 damages, such as lost profits;

   253 4. COMMERCIAL DISTRIBUTION 

   311 

   254 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. 

   312 iii) states that any provisions which differ from this Agreement are offered by

   255 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. 

   313 that Contributor alone and not by any other party; and

   256 5. NO WARRANTY 

   314 

   257 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. 

   315 iv) states that source code for the Program is available from such Contributor,

   258 6. DISCLAIMER OF LIABILITY 

   316 and informs licensees how to obtain it in a reasonable manner on or through a

   259 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. 

   317 medium customarily used for software exchange.

   260 7. GENERAL 

   318 

   261 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. 

   319 When the Program is made available in source code form:

   262 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. 

   320 

   263 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. 

   321 a) it must be made available under this Agreement; and

   264 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. 

   322 

   265 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. 

   323 b) a copy of this Agreement must be included with each copy of the Program.

   324 

   325 Contributors may not remove or alter any copyright notices contained within the

   326 Program.

   327 

   328 Each Contributor must identify itself as the originator of its Contribution, if

   329 any, in a manner that reasonably allows subsequent Recipients to identify the

   330 originator of the Contribution.

   331 

   332 4. COMMERCIAL DISTRIBUTION

   333 

   334 Commercial distributors of software may accept certain responsibilities with

   335 respect to end users, business partners and the like. While this license is

   336 intended to facilitate the commercial use of the Program, the Contributor who

   337 includes the Program in a commercial product offering should do so in a manner

   338 which does not create potential liability for other Contributors. Therefore, if

   339 a Contributor includes the Program in a commercial product offering, such

   340 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify

   341 every other Contributor ("Indemnified Contributor") against any losses, damages

   342 and costs (collectively "Losses") arising from claims, lawsuits and other legal

   343 actions brought by a third party against the Indemnified Contributor to the

   344 extent caused by the acts or omissions of such Commercial Contributor in

   345 connection with its distribution of the Program in a commercial product

   346 offering. The obligations in this section do not apply to any claims or Losses

   347 relating to any actual or alleged intellectual property infringement. In order

   348 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial

   349 Contributor in writing of such claim, and b) allow the Commercial Contributor

   350 to control, and cooperate with the Commercial Contributor in, the defense and

   351 any related settlement negotiations. The Indemnified Contributor may

   352 participate in any such claim at its own expense.

   353 

   354 For example, a Contributor might include the Program in a commercial product

   355 offering, Product X. That Contributor is then a Commercial Contributor. If that

   356 Commercial Contributor then makes performance claims, or offers warranties

   357 related to Product X, those performance claims and warranties are such

   358 Commercial Contributor's responsibility alone. Under this section, the

   359 Commercial Contributor would have to defend claims against the other

   360 Contributors related to those performance claims and warranties, and if a court

   361 requires any other Contributor to pay any damages as a result, the Commercial

   362 Contributor must pay those damages.

   363 

   364 5. NO WARRANTY

   365 

   366 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN

   367 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR

   368 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,

   369 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each

   370 Recipient is solely responsible for determining the appropriateness of using and

   371 distributing the Program and assumes all risks associated with its exercise of

   372 rights under this Agreement , including but not limited to the risks and costs

   373 of program errors, compliance with applicable laws, damage to or loss of data,

   374 programs or equipment, and unavailability or interruption of operations.

   375 

   376 6. DISCLAIMER OF LIABILITY

   377 

   378 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY

   379 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,

   380 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST

   381 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

   382 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

   383 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS

   384 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   385 

   386 7. GENERAL

   387 

   388 If any provision of this Agreement is invalid or unenforceable under applicable

   389 law, it shall not affect the validity or enforceability of the remainder of the

   390 terms of this Agreement, and without further action by the parties hereto, such

   391 provision shall be reformed to the minimum extent necessary to make such

   392 provision valid and enforceable.

   393 

   394 If Recipient institutes patent litigation against any entity (including a

   395 cross-claim or counterclaim in a lawsuit) alleging that the Program itself

   396 (excluding combinations of the Program with other software or hardware)

   397 infringes such Recipient's patent(s), then such Recipient's rights granted under

   398 Section 2(b) shall terminate as of the date such litigation is filed.

   399 

   400 All Recipient's rights under this Agreement shall terminate if it fails to

   401 comply with any of the material terms or conditions of this Agreement and does

   402 not cure such failure in a reasonable period of time after becoming aware of

   403 such noncompliance. If all Recipient's rights under this Agreement terminate,

   404 Recipient agrees to cease use and distribution of the Program as soon as

   405 reasonably practicable. However, Recipient's obligations under this Agreement

   406 and any licenses granted by Recipient relating to the Program shall continue and

   407 survive.

   408 

   409 Everyone is permitted to copy and distribute copies of this Agreement, but in

   410 order to avoid inconsistency the Agreement is copyrighted and may only be

   411 modified in the following manner. The Agreement Steward reserves the right to

   412 publish new versions (including revisions) of this Agreement from time to time.

   413 No one other than the Agreement Steward has the right to modify this Agreement.

   414 The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation

   415 may assign the responsibility to serve as the Agreement Steward to a suitable

   416 separate entity. Each new version of the Agreement will be given a

   417 distinguishing version number. The Program (including Contributions) may always

   418 be distributed subject to the version of the Agreement under which it was

   419 received. In addition, after a new version of the Agreement is published,

   420 Contributor may elect to distribute the Program (including its Contributions)

   421 under the new version. Except as expressly stated in Sections 2(a) and 2(b)

   422 above, Recipient receives no rights or licenses to the intellectual property of

   423 any Contributor under this Agreement, whether expressly, by implication,

   424 estoppel or otherwise. All rights in the Program not expressly granted under

   425 this Agreement are reserved.

   426 

   427 This Agreement is governed by the laws of the State of New York and the

   428 intellectual property laws of the United States of America. No party to this

   429 Agreement will bring a legal action under this Agreement more than one year

   430 after the cause of action arose. Each party waives its rights to a jury trial in

   431 any resulting litigation.