diff --git a/LICENSE b/LICENSE deleted file mode 100644 index 7689f30efd..0000000000 --- a/LICENSE +++ /dev/null @@ -1,214 +0,0 @@ -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 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 - -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.