# HG changeset patch # User Steve Losh # Date 1308871605 14400 # Node ID e1184ffdea8a1a812ae93fa631f6a993758d06bd # Parent 90a812ae7215f487b3aeb06453038a4971b2a921 Fix license. diff -r 90a812ae7215 -r e1184ffdea8a LICENSE --- a/LICENSE Thu Jun 23 19:19:29 2011 -0400 +++ b/LICENSE Thu Jun 23 19:26:45 2011 -0400 @@ -1,227 +1,19 @@ -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. +Copyright (C) 2011 by Steve Losh and contributors. -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. +Permission is hereby granted, free of charge, to any person obtaining a copy of this +software and associated documentation files (the "Software"), to deal in the Software +without restriction, including without limitation the rights to use, copy, modify, +merge, publish, distribute, sublicense, and/or sell copies of the Software, and to +permit persons to whom the Software is furnished to do so, subject to the following +conditions: -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 tocontrol, 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 +The above copyright notice and this permission notice shall be included in all copies +or substantial portions of the Software. -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. +THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, +INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR +A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT +HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF +CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE +OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. -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 Washington 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.