org.eclipse.linuxtools.lttng2.kernel/epl-v10.html

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