~pbeaman/akiban-persistit/apache-license : revision 430

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http://www.eclipse.org/legal/epl-v10.html

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Eclipse Public License - v 1.0

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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC

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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM

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CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

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1. DEFINITIONS

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"Contribution" means:

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a) in the case of the initial Contributor, the initial code and documentation

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distributed under this Agreement, and b) in the case of each subsequent

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Contributor: i) changes to the Program, and ii) additions to the Program; where

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such changes and/or additions to the Program originate from and are distributed

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by that particular Contributor. A Contribution 'originates' from a Contributor

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if it was added to the Program by such Contributor itself or anyone acting on

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such Contributor's behalf. Contributions do not include additions to the Program

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which: (i) are separate modules of software distributed in conjunction with the

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Program under their own license agreement, and (ii) are not derivative works of

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the Program. "Contributor" means any person or entity that distributes the

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Program.

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"Licensed Patents" mean patent claims licensable by a Contributor which are

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necessarily infringed by the use or sale of its Contribution alone or when

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combined with the Program.

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"Program" means the Contributions distributed in accordance with this Agreement.

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"Recipient" means anyone who receives the Program under this Agreement,

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including all Contributors.

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2. GRANT OF RIGHTS

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a) Subject to the terms of this Agreement, each Contributor hereby grants

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Recipient a non-exclusive, worldwide, royalty-free copyright license to

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reproduce, prepare derivative works of, publicly display, publicly perform,

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distribute and sublicense the Contribution of such Contributor, if any, and such

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derivative works, in source code and object code form. b) Subject to the terms

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of this Agreement, each Contributor hereby grants Recipient a non-exclusive,

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worldwide, royalty-free patent license under Licensed Patents to make, use,

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sell, offer to sell, import and otherwise transfer the Contribution of such

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Contributor, if any, in source code and object code form. This patent license

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shall apply to the combination of the Contribution and the Program if, at the

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time the Contribution is added by the Contributor, such addition of the

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Contribution causes such combination to be covered by the Licensed Patents. The

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patent license shall not apply to any other combinations which include the

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Contribution. No hardware per se is licensed hereunder. c) Recipient understands

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that although each Contributor grants the licenses to its Contributions set

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forth herein, no assurances are provided by any Contributor that the Program

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does not infringe the patent or other intellectual property rights of any other

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entity. Each Contributor disclaims any liability to Recipient for claims brought

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by any other entity based on infringement of intellectual property rights or

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otherwise. As a condition to exercising the rights and licenses granted

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hereunder, each Recipient hereby assumes sole responsibility to secure any other

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intellectual property rights needed, if any. For example, if a third party

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patent license is required to allow Recipient to distribute the Program, it is

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Recipient's responsibility to acquire that license before distributing the

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Program. d) Each Contributor represents that to its knowledge it has sufficient

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copyright rights in its Contribution, if any, to grant the copyright license set

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forth in this Agreement. 3. REQUIREMENTS

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A Contributor may choose to distribute the Program in object code form under its

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own license agreement, provided that:

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a) it complies with the terms and conditions of this Agreement; and b) its

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license agreement: i) effectively disclaims on behalf of all Contributors all

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warranties and conditions, express and implied, including warranties or

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conditions of title and non-infringement, and implied warranties or conditions

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of merchantability and fitness for a particular purpose; ii) effectively

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excludes on behalf of all Contributors all liability for damages, including

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direct, indirect, special, incidental and consequential damages, such as lost

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profits; iii) states that any provisions which differ from this Agreement are

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offered by that Contributor alone and not by any other party; and iv) states

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that source code for the Program is available from such Contributor, and informs

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licensees how to obtain it in a reasonable manner on or through a medium

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customarily used for software exchange. When the Program is made available in

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source code form:

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a) it must be made available under this Agreement; and b) a copy of this

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Agreement must be included with each copy of the Program. Contributors may not

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remove or alter any copyright notices contained within the Program.

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Each Contributor must identify itself as the originator of its Contribution, if

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any, in a manner that reasonably allows subsequent Recipients to identify the

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originator of the Contribution.

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4. COMMERCIAL DISTRIBUTION

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Commercial distributors of software may accept certain responsibilities with

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respect to end users, business partners and the like. While this license is

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intended to facilitate the commercial use of the Program, the Contributor who

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includes the Program in a commercial product offering should do so in a manner

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which does not create potential liability for other Contributors. Therefore, if

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a Contributor includes the Program in a commercial product offering, such

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Contributor ("Commercial Contributor") hereby agrees to defend and indemnify

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every other Contributor ("Indemnified Contributor") against any losses, damages

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and costs (collectively "Losses") arising from claims, lawsuits and other legal

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actions brought by a third party against the Indemnified Contributor to the

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extent caused by the acts or omissions of such Commercial Contributor in

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connection with its distribution of the Program in a commercial product

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offering. The obligations in this section do not apply to any claims or Losses

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relating to any actual or alleged intellectual property infringement. In order

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to qualify, an Indemnified Contributor must: a) promptly notify the Commercial

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Contributor in writing of such claim, and b) allow the Commercial Contributor to

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control, and cooperate with the Commercial Contributor in, the defense and any

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related settlement negotiations. The Indemnified Contributor may participate in

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any such claim at its own expense.

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For example, a Contributor might include the Program in a commercial product

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offering, Product X. That Contributor is then a Commercial Contributor. If that

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Commercial Contributor then makes performance claims, or offers warranties

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related to Product X, those performance claims and warranties are such

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Commercial Contributor's responsibility alone. Under this section, the

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Commercial Contributor would have to defend claims against the other

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Contributors related to those performance claims and warranties, and if a court

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requires any other Contributor to pay any damages as a result, the Commercial

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Contributor must pay those damages.

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5. NO WARRANTY

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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN

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"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR

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IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,

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NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each

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Recipient is solely responsible for determining the appropriateness of using and

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distributing the Program and assumes all risks associated with its exercise of

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rights under this Agreement , including but not limited to the risks and costs

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of program errors, compliance with applicable laws, damage to or loss of data,

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programs or equipment, and unavailability or interruption of operations.

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6. DISCLAIMER OF LIABILITY

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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY

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CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,

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SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST

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PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

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STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

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OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS

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GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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7. GENERAL

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If any provision of this Agreement is invalid or unenforceable under applicable

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law, it shall not affect the validity or enforceability of the remainder of the

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terms of this Agreement, and without further action by the parties hereto, such

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provision shall be reformed to the minimum extent necessary to make such

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provision valid and enforceable.

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If Recipient institutes patent litigation against any entity (including a

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cross-claim or counterclaim in a lawsuit) alleging that the Program itself

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(excluding combinations of the Program with other software or hardware)

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infringes such Recipient's patent(s), then such Recipient's rights granted under

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Section 2(b) shall terminate as of the date such litigation is filed.

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All Recipient's rights under this Agreement shall terminate if it fails to

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comply with any of the material terms or conditions of this Agreement and does

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not cure such failure in a reasonable period of time after becoming aware of

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such noncompliance. If all Recipient's rights under this Agreement terminate,

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Recipient agrees to cease use and distribution of the Program as soon as

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reasonably practicable. However, Recipient's obligations under this Agreement

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and any licenses granted by Recipient relating to the Program shall continue and

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survive.

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Everyone is permitted to copy and distribute copies of this Agreement, but in

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order to avoid inconsistency the Agreement is copyrighted and may only be

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modified in the following manner. The Agreement Steward reserves the right to

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publish new versions (including revisions) of this Agreement from time to time.

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No one other than the Agreement Steward has the right to modify this Agreement.

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The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation

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may assign the responsibility to serve as the Agreement Steward to a suitable

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separate entity. Each new version of the Agreement will be given a

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distinguishing version number. The Program (including Contributions) may always

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be distributed subject to the version of the Agreement under which it was

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received. In addition, after a new version of the Agreement is published,

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Contributor may elect to distribute the Program (including its Contributions)

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under the new version. Except as expressly stated in Sections 2(a) and 2(b)

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above, Recipient receives no rights or licenses to the intellectual property of

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any Contributor under this Agreement, whether expressly, by implication,

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estoppel or otherwise. All rights in the Program not expressly granted under

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this Agreement are reserved.

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This Agreement is governed by the laws of the State of New York and the

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intellectual property laws of the United States of America. No party to this

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Agreement will bring a legal action under this Agreement more than one year

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after the cause of action arose. Each party waives its rights to a jury trial in

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any resulting litigation.

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Apache License

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Version 2.0, January 2004

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http://www.apache.org/licenses/

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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

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1. Definitions.

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"License" shall mean the terms and conditions for use, reproduction,

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and distribution as defined by Sections 1 through 9 of this document.

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"Licensor" shall mean the copyright owner or entity authorized by

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the copyright owner that is granting the License.

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other entities that control, are controlled by, or are under common

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control with that entity. For the purposes of this definition,

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"control" means (i) the power, direct or indirect, to cause the

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"You" (or "Your") shall mean an individual or Legal Entity

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source, and configuration files.

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"Work" shall mean the work of authorship, whether in Source or

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copyright notice that is included in or attached to the work

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2. Grant of Copyright License. Subject to the terms and conditions of

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this License, each Contributor hereby grants to You a perpetual,

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worldwide, non-exclusive, no-charge, royalty-free, irrevocable

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copyright license to reproduce, prepare Derivative Works of,

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publicly display, publicly perform, sublicense, and distribute the

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Work and such Derivative Works in Source or Object form.

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3. Grant of Patent License. Subject to the terms and conditions of

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this License, each Contributor hereby grants to You a perpetual,

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(except as stated in this section) patent license to make, have made,

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where such license applies only to those patent claims licensable

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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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for use, reproduction, or distribution of Your modifications, or

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any Contribution intentionally submitted for inclusion in the Work

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Notwithstanding the above, nothing herein shall supersede or modify

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defend, and hold each Contributor harmless for any liability

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incurred by, or claims asserted against, such Contributor by reason

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of your accepting any such warranty or additional liability.

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END OF TERMS AND CONDITIONS

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APPENDIX: How to apply the Apache License to your work.

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To apply the Apache License to your work, attach the following

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boilerplate notice, with the fields enclosed by brackets "[]"

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replaced with your own identifying information. (Don't include

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the brackets!) The text should be enclosed in the appropriate

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comment syntax for the file format. We also recommend that a

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file or class name and description of purpose be included on the

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same "printed page" as the copyright notice for easier

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identification within third-party archives.

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Copyright [yyyy] [name of copyright owner]

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Licensed under the Apache License, Version 2.0 (the "License");

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you may not use this file except in compliance with the License.

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You may obtain a copy of the License at

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http://www.apache.org/licenses/LICENSE-2.0

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Unless required by applicable law or agreed to in writing, software

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distributed under the License is distributed on an "AS IS" BASIS,

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WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

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See the License for the specific language governing permissions and

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limitations under the License.