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5+ < title > About This Content</ title >
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7+ < body lang ="EN-US ">
8+
9+ < h2 > About This Content</ h2 >
10+
11+ < pre >
12+ Copyright (c) 2016 NumberFour AG.
13+ All rights reserved. This program and the accompanying materials
14+ are made available under the terms of the Eclipse Public License v1.0
15+ which accompanies this distribution, and is available at
16+ < a href ="http://www.eclipse.org/legal/epl-v10.html "> http://www.eclipse.org/legal/epl-v10.html</ a >
17+ </ pre >
18+
19+ < hr >
20+
21+ < h2 > Eclipse Public License - v 1.0</ h2 >
22+
23+ < p > THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
24+ PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
25+ DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
26+ AGREEMENT.</ p >
27+
28+ < p > < b > 1. DEFINITIONS</ b > </ p >
29+
30+ < p > "Contribution" means:</ p >
31+
32+ < p class ="list "> a) in the case of the initial Contributor, the initial
33+ code and documentation distributed under this Agreement, and</ p >
34+ < p class ="list "> b) in the case of each subsequent Contributor:</ p >
35+ < p class ="list "> i) changes to the Program, and</ p >
36+ < p class ="list "> ii) additions to the Program;</ p >
37+ < p class ="list "> where such changes and/or additions to the Program
38+ originate from and are distributed by that particular Contributor. A
39+ Contribution 'originates' from a Contributor if it was added to the
40+ Program by such Contributor itself or anyone acting on such
41+ Contributor's behalf. Contributions do not include additions to the
42+ Program which: (i) are separate modules of software distributed in
43+ conjunction with the Program under their own license agreement, and (ii)
44+ are not derivative works of the Program.</ p >
45+
46+ < p > "Contributor" means any person or entity that distributes
47+ the Program.</ p >
48+
49+ < p > "Licensed Patents" mean patent claims licensable by a
50+ Contributor which are necessarily infringed by the use or sale of its
51+ Contribution alone or when combined with the Program.</ p >
52+
53+ < p > "Program" means the Contributions distributed in accordance
54+ with this Agreement.</ p >
55+
56+ < p > "Recipient" means anyone who receives the Program under
57+ this Agreement, including all Contributors.</ p >
58+
59+ < p > < b > 2. GRANT OF RIGHTS</ b > </ p >
60+
61+ < p class ="list "> a) Subject to the terms of this Agreement, each
62+ Contributor hereby grants Recipient a non-exclusive, worldwide,
63+ royalty-free copyright license to reproduce, prepare derivative works
64+ of, publicly display, publicly perform, distribute and sublicense the
65+ Contribution of such Contributor, if any, and such derivative works, in
66+ source code and object code form.</ p >
67+
68+ < p class ="list "> b) Subject to the terms of this Agreement, each
69+ Contributor hereby grants Recipient a non-exclusive, worldwide,
70+ royalty-free patent license under Licensed Patents to make, use, sell,
71+ offer to sell, import and otherwise transfer the Contribution of such
72+ Contributor, if any, in source code and object code form. This patent
73+ license shall apply to the combination of the Contribution and the
74+ Program if, at the time the Contribution is added by the Contributor,
75+ such addition of the Contribution causes such combination to be covered
76+ by the Licensed Patents. The patent license shall not apply to any other
77+ combinations which include the Contribution. No hardware per se is
78+ licensed hereunder.</ p >
79+
80+ < p class ="list "> c) Recipient understands that although each Contributor
81+ grants the licenses to its Contributions set forth herein, no assurances
82+ are provided by any Contributor that the Program does not infringe the
83+ patent or other intellectual property rights of any other entity. Each
84+ Contributor disclaims any liability to Recipient for claims brought by
85+ any other entity based on infringement of intellectual property rights
86+ or otherwise. As a condition to exercising the rights and licenses
87+ granted hereunder, each Recipient hereby assumes sole responsibility to
88+ secure any other intellectual property rights needed, if any. For
89+ example, if a third party patent license is required to allow Recipient
90+ to distribute the Program, it is Recipient's responsibility to acquire
91+ that license before distributing the Program.</ p >
92+
93+ < p class ="list "> d) Each Contributor represents that to its knowledge it
94+ has sufficient copyright rights in its Contribution, if any, to grant
95+ the copyright license set forth in this Agreement.</ p >
96+
97+ < p > < b > 3. REQUIREMENTS</ b > </ p >
98+
99+ < p > A Contributor may choose to distribute the Program in object code
100+ form under its own license agreement, provided that:</ p >
101+
102+ < p class ="list "> a) it complies with the terms and conditions of this
103+ Agreement; and</ p >
104+
105+ < p class ="list "> b) its license agreement:</ p >
106+
107+ < p class ="list "> i) effectively disclaims on behalf of all Contributors
108+ all warranties and conditions, express and implied, including warranties
109+ or conditions of title and non-infringement, and implied warranties or
110+ conditions of merchantability and fitness for a particular purpose;</ p >
111+
112+ < p class ="list "> ii) effectively excludes on behalf of all Contributors
113+ all liability for damages, including direct, indirect, special,
114+ incidental and consequential damages, such as lost profits;</ p >
115+
116+ < p class ="list "> iii) states that any provisions which differ from this
117+ Agreement are offered by that Contributor alone and not by any other
118+ party; and</ p >
119+
120+ < p class ="list "> iv) states that source code for the Program is available
121+ from such Contributor, and informs licensees how to obtain it in a
122+ reasonable manner on or through a medium customarily used for software
123+ exchange.</ p >
124+
125+ < p > When the Program is made available in source code form:</ p >
126+
127+ < p class ="list "> a) it must be made available under this Agreement; and</ p >
128+
129+ < p class ="list "> b) a copy of this Agreement must be included with each
130+ copy of the Program.</ p >
131+
132+ < p > Contributors may not remove or alter any copyright notices contained
133+ within the Program.</ p >
134+
135+ < p > Each Contributor must identify itself as the originator of its
136+ Contribution, if any, in a manner that reasonably allows subsequent
137+ Recipients to identify the originator of the Contribution.</ p >
138+
139+ < p > < b > 4. COMMERCIAL DISTRIBUTION</ b > </ p >
140+
141+ < p > Commercial distributors of software may accept certain
142+ responsibilities with respect to end users, business partners and the
143+ like. While this license is intended to facilitate the commercial use of
144+ the Program, the Contributor who includes the Program in a commercial
145+ product offering should do so in a manner which does not create
146+ potential liability for other Contributors. Therefore, if a Contributor
147+ includes the Program in a commercial product offering, such Contributor
148+ ("Commercial Contributor") hereby agrees to defend and
149+ indemnify every other Contributor ("Indemnified Contributor")
150+ against any losses, damages and costs (collectively "Losses")
151+ arising from claims, lawsuits and other legal actions brought by a third
152+ party against the Indemnified Contributor to the extent caused by the
153+ acts or omissions of such Commercial Contributor in connection with its
154+ distribution of the Program in a commercial product offering. The
155+ obligations in this section do not apply to any claims or Losses
156+ relating to any actual or alleged intellectual property infringement. In
157+ order to qualify, an Indemnified Contributor must: a) promptly notify
158+ the Commercial Contributor in writing of such claim, and b) allow the
159+ Commercial Contributor to control, and cooperate with the Commercial
160+ Contributor in, the defense and any related settlement negotiations. The
161+ Indemnified Contributor may participate in any such claim at its own
162+ expense.</ p >
163+
164+ < p > For example, a Contributor might include the Program in a commercial
165+ product offering, Product X. That Contributor is then a Commercial
166+ Contributor. If that Commercial Contributor then makes performance
167+ claims, or offers warranties related to Product X, those performance
168+ claims and warranties are such Commercial Contributor's responsibility
169+ alone. Under this section, the Commercial Contributor would have to
170+ defend claims against the other Contributors related to those
171+ performance claims and warranties, and if a court requires any other
172+ Contributor to pay any damages as a result, the Commercial Contributor
173+ must pay those damages.</ p >
174+
175+ < p > < b > 5. NO WARRANTY</ b > </ p >
176+
177+ < p > EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
178+ PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
179+ OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
180+ ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
181+ OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
182+ responsible for determining the appropriateness of using and
183+ distributing the Program and assumes all risks associated with its
184+ exercise of rights under this Agreement , including but not limited to
185+ the risks and costs of program errors, compliance with applicable laws,
186+ damage to or loss of data, programs or equipment, and unavailability or
187+ interruption of operations.</ p >
188+
189+ < p > < b > 6. DISCLAIMER OF LIABILITY</ b > </ p >
190+
191+ < p > EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
192+ NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
193+ INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
194+ WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
195+ LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
196+ NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
197+ DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
198+ HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</ p >
199+
200+ < p > < b > 7. GENERAL</ b > </ p >
201+
202+ < p > If any provision of this Agreement is invalid or unenforceable under
203+ applicable law, it shall not affect the validity or enforceability of
204+ the remainder of the terms of this Agreement, and without further action
205+ by the parties hereto, such provision shall be reformed to the minimum
206+ extent necessary to make such provision valid and enforceable.</ p >
207+
208+ < p > If Recipient institutes patent litigation against any entity
209+ (including a cross-claim or counterclaim in a lawsuit) alleging that the
210+ Program itself (excluding combinations of the Program with other
211+ software or hardware) infringes such Recipient's patent(s), then such
212+ Recipient's rights granted under Section 2(b) shall terminate as of the
213+ date such litigation is filed.</ p >
214+
215+ < p > All Recipient's rights under this Agreement shall terminate if it
216+ fails to comply with any of the material terms or conditions of this
217+ Agreement and does not cure such failure in a reasonable period of time
218+ after becoming aware of such noncompliance. If all Recipient's rights
219+ under this Agreement terminate, Recipient agrees to cease use and
220+ distribution of the Program as soon as reasonably practicable. However,
221+ Recipient's obligations under this Agreement and any licenses granted by
222+ Recipient relating to the Program shall continue and survive.</ p >
223+
224+ < p > Everyone is permitted to copy and distribute copies of this
225+ Agreement, but in order to avoid inconsistency the Agreement is
226+ copyrighted and may only be modified in the following manner. The
227+ Agreement Steward reserves the right to publish new versions (including
228+ revisions) of this Agreement from time to time. No one other than the
229+ Agreement Steward has the right to modify this Agreement. The Eclipse
230+ Foundation is the initial Agreement Steward. The Eclipse Foundation may
231+ assign the responsibility to serve as the Agreement Steward to a
232+ suitable separate entity. Each new version of the Agreement will be
233+ given a distinguishing version number. The Program (including
234+ Contributions) may always be distributed subject to the version of the
235+ Agreement under which it was received. In addition, after a new version
236+ of the Agreement is published, Contributor may elect to distribute the
237+ Program (including its Contributions) under the new version. Except as
238+ expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
239+ rights or licenses to the intellectual property of any Contributor under
240+ this Agreement, whether expressly, by implication, estoppel or
241+ otherwise. All rights in the Program not expressly granted under this
242+ Agreement are reserved.</ p >
243+
244+ < p > This Agreement is governed by the laws of the State of New York and
245+ the intellectual property laws of the United States of America. No party
246+ to this Agreement will bring a legal action under this Agreement more
247+ than one year after the cause of action arose. Each party waives its
248+ rights to a jury trial in any resulting litigation.</ p >
249+
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