The IBM license agreement and any applicable information on the web download page for IBM products refers Licensee to this file for details concerning notices applicable to code included in the products listed above ("the Program").
Notwithstanding the terms and conditions of any other agreement Licensee may have with IBM or any of its related or affiliated entities (collectively "IBM"), the third party code identified below is subject to the terms and conditions of the IBM license agreement for the Program and not the license terms that may be contained in the notices below. The notices are provided for informational purposes.
Please note: This Notices file may identify information that is not used by, or that was not shipped with, the Program as Licensee installed it.
IMPORTANT: IBM does not represent or warrant that the information in this NOTICES file is accurate. Third party websites are independent of IBM and IBM does not represent or warrant that the information on any third party website referenced in this NOTICES file is accurate. IBM disclaims any and all liability for errors and omissions or for any damages accruing from the use of this NOTICES file or its contents, including without limitation URLs or references to any third party websites.
THE FOLLOWING SECTIONS IDENTIFY VARIOUS COMPONENTS CONTAINED IN THE PROGRAM IDENTIFIED ABOVE, AND SPECIFY CERTAIN NOTICES AND OTHER INFORMATION REGARDING THOSE COMPONENTS THAT IBM IS REQUIRED TO PROVIDE TO YOU.
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APACHE CODE NOTICES AND INFORMATION
The third party components listed below are provided for use with the Program
and are subject to the following terms and conditions:
commons-codec, commons-io, commons-logging, gson, httpcomponents, log4j
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
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outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
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"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
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2. Grant of Copyright License. Subject to the terms and conditions of
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worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
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Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
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meet the following conditions:
(a) You must give any other recipients of the Work or
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(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
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pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
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do not modify the License. You may add Your own attribution
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You may add Your own copyright statement to Your modifications and
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any Contribution intentionally submitted for inclusion in the Work
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the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) 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. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF APACHE CODE NOTICES AND INFORMATION
=====================================================================
EPL 1.0 CODE NOTICES AND INFORMATION
The third party components listed below are provided for use with the
Program and are subject to the following terms and conditions:
org.eclipse.core.runtime, org.eclipse.equinox.preferences, osgi
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.
END OF EPL 1.0 CODE NOTICES AND INFORMATION
===============================================================================
EPL 2.0 CODE NOTICES AND INFORMATION
The third party components listed below are provided for use with the
Program and are subject to the following terms and conditions:
org.eclipse.equinox.common
Eclipse Public License - v 2.0
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 content 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 changes or additions to the Program
that are not Modified Works.
"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 or any Secondary
License (as applicable), including Contributors.
"Derivative Works" shall mean any work, whether in Source Code or other form, that
is based on (or derived from) the Program and for which the editorial revisions,
annotations, elaborations, or other modifications represent, as a whole, an original
work of authorship.
"Modified Works" shall mean any work in Source Code or other form that results from
an addition to, deletion from, or modification of the contents of the Program, including,
for purposes of clarity any new file in Source Code form that contains any contents
of the Program. Modified Works shall not include works that contain only declarations,
interfaces, types, classes, structures, or files of the Program solely in each case
in order to link to, bind by name, or subclass the Program or Modified Works thereof.
"Distribute" means the acts of a) distributing or b) making available in any manner
that enables the transfer of a copy.
"Source Code" means the form of a Program preferred for making modifications, including
but not limited to software source code, documentation source, and configuration
files.
"Secondary License" means either the GNU General Public License, Version 2.0, or
any later versions of that license, including any exceptions or additional permissions
as identified by the initial Contributor.
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.
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 or other 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.
e) Notwithstanding the terms of any Secondary License, no Contributor makes additional
grants to any Recipient (other than those set forth in this Agreement) as a result
of such Recipient's receipt of the Program under the terms of a Secondary License
(if permitted under the terms of Section 3).
3. REQUIREMENTS
3.1 If a Contributor Distributes the Program in any form, then:
a) the Program must also be made available as Source Code, in accordance with section
3.2, and the Contributor must accompany the Program with a statement that the Source
Code for the Program is available under this Agreement, and informs Recipients how
to obtain it in a reasonable manner on or through a medium customarily used for
software exchange; and
b) the Contributor may Distribute the Program under a license different than this
Agreement, provided that such license:
i) effectively disclaims on behalf of all other 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 other Contributors all liability for damages,
including direct, indirect, special, incidental and consequential damages, such
as lost profits;
iii) does not attempt to limit or alter the recipients' rights in the Source Code
under section 3.2; and
iv) requires any subsequent distribution of the Program by any party to be under
a license that satisfies the requirements of this section 3.
3.2 When the Program is Distributed as Source Code:
a) it must be made available under this Agreement, or if the Program (i) is combined
with other material in a separate file or files made available under a Secondary
License, and (ii) the initial Contributor attached to the Source Code the notice
described in Exhibit A of this Agreement, then the Program may be made available
under the terms of such Secondary Licenses, and
b) a copy of this Agreement must be included with each copy of the Program.
3.3 Contributors may not remove or alter any copyright, patent, trademark, attribution
notices, disclaimers of warranty, or limitations of liability ('notices') contained
within the Program from any copy of the Program which they Distribute, provided
that Contributors may add their own appropriate notices.
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, AND TO THE EXTENT PERMITTED BY
APPLICABLE LAW, 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, AND TO THE EXTENT PERMITTED BY
APPLICABLE LAW, 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. Nothing in this Agreement
is intended to be enforceable by any entity that is not a Contributor or Recipient.
No third-party beneficiary rights are created under this Agreement.
Exhibit A – Form of Secondary Licenses Notice
"This Source Code may also be made available under the following Secondary Licenses
when the conditions for such availability set forth in the Eclipse Public License,
v. 2.0 are satisfied: {name license(s), version(s), and exceptions or additional
permissions here}."
Simply including a copy of this Agreement, including this Exhibit A is not sufficient
to license the Source Code under Secondary Licenses.
If it is not possible or desirable to put the notice in a particular file, then
You may include the notice in a location (such as a LICENSE file in a relevant directory)
where a recipient would be likely to look for such a notice.
You may add additional accurate notices of copyright ownership.
END OF EPL 2.0 CODE NOTICES AND INFORMATION
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