xref: /illumos-gate/usr/src/contrib/ast/LICENSE (revision 689b9301078f0c35c7f198fcee8032a0d30eff3a)
1Eclipse Public License - v 1.0
2
3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
4LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
5CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
6
7   1. DEFINITIONS
8
9   "Contribution" means:
10
11a) in the case of the initial Contributor, the initial code and documentation
12distributed under this Agreement, and
13
14      b) in the case of each subsequent Contributor:
15
16         i) changes to the Program, and
17
18         ii) additions to the Program;
19
20where such changes and/or additions to the Program originate from and are
21distributed by that particular Contributor. A Contribution 'originates' from
22a Contributor if it was added to the Program by such Contributor itself or
23anyone acting on such Contributor's behalf. Contributions do not include additions
24to the Program which: (i) are separate modules of software distributed in
25conjunction with the Program under their own license agreement, and (ii) are
26not derivative works of the Program.
27
28   "Contributor" means any person or entity that distributes the Program.
29
30"Licensed Patents" mean patent claims licensable by a Contributor which are
31necessarily infringed by the use or sale of its Contribution alone or when
32combined with the Program.
33
34"Program" means the Contributions distributed in accordance with this Agreement.
35
36"Recipient" means anyone who receives the Program under this Agreement, including
37all Contributors.
38
39   2. GRANT OF RIGHTS
40
41a) Subject to the terms of this Agreement, each Contributor hereby grants
42Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce,
43prepare derivative works of, publicly display, publicly perform, distribute
44and sublicense the Contribution of such Contributor, if any, and such derivative
45works, in source code and object code form.
46
47b) Subject to the terms of this Agreement, each Contributor hereby grants
48Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
49Patents to make, use, sell, offer to sell, import and otherwise transfer the
50Contribution of such Contributor, if any, in source code and object code form.
51This patent license shall apply to the combination of the Contribution and
52the Program if, at the time the Contribution is added by the Contributor,
53such addition of the Contribution causes such combination to be covered by
54the Licensed Patents. The patent license shall not apply to any other combinations
55which include the Contribution. No hardware per se is licensed hereunder.
56
57c) Recipient understands that although each Contributor grants the licenses
58to its Contributions set forth herein, no assurances are provided by any Contributor
59that the Program does not infringe the patent or other intellectual property
60rights of any other entity. Each Contributor disclaims any liability to Recipient
61for claims brought by any other entity based on infringement of intellectual
62property rights or otherwise. As a condition to exercising the rights and
63licenses granted hereunder, each Recipient hereby assumes sole responsibility
64to secure any other intellectual property rights needed, if any. For example,
65if a third party patent license is required to allow Recipient to distribute
66the Program, it is Recipient's responsibility to acquire that license before
67distributing the Program.
68
69d) Each Contributor represents that to its knowledge it has sufficient copyright
70rights in its Contribution, if any, to grant the copyright license set forth
71in this Agreement.
72
73   3. REQUIREMENTS
74
75A Contributor may choose to distribute the Program in object code form under
76its own license agreement, provided that:
77
78      a) it complies with the terms and conditions of this Agreement; and
79
80      b) its license agreement:
81
82i) effectively disclaims on behalf of all Contributors all warranties and
83conditions, express and implied, including warranties or conditions of title
84and non-infringement, and implied warranties or conditions of merchantability
85and fitness for a particular purpose;
86
87ii) effectively excludes on behalf of all Contributors all liability for damages,
88including direct, indirect, special, incidental and consequential damages,
89such as lost profits;
90
91iii) states that any provisions which differ from this Agreement are offered
92by that Contributor alone and not by any other party; and
93
94iv) states that source code for the Program is available from such Contributor,
95and informs licensees how to obtain it in a reasonable manner on or through
96a medium customarily used for software exchange.
97
98   When the Program is made available in source code form:
99
100      a) it must be made available under this Agreement; and
101
102b) a copy of this Agreement must be included with each copy of the Program.
103
104Contributors may not remove or alter any copyright notices contained within
105the Program.
106
107Each Contributor must identify itself as the originator of its Contribution,
108if any, in a manner that reasonably allows subsequent Recipients to identify
109the originator of the Contribution.
110
111   4. COMMERCIAL DISTRIBUTION
112
113Commercial distributors of software may accept certain responsibilities with
114respect to end users, business partners and the like. While this license is
115intended to facilitate the commercial use of the Program, the Contributor
116who includes the Program in a commercial product offering should do so in
117a manner which does not create potential liability for other Contributors.
118Therefore, if a Contributor includes the Program in a commercial product offering,
119such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
120every other Contributor ("Indemnified Contributor") against any losses, damages
121and costs (collectively "Losses") arising from claims, lawsuits and other
122legal actions brought by a third party against the Indemnified Contributor
123to the extent caused by the acts or omissions of such Commercial Contributor
124in connection with its distribution of the Program in a commercial product
125offering. The obligations in this section do not apply to any claims or Losses
126relating to any actual or alleged intellectual property infringement. In order
127to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
128Contributor in writing of such claim, and b) allow the Commercial Contributor
129to control, and cooperate with the Commercial Contributor in, the defense
130and any related settlement negotiations. The Indemnified Contributor may participate
131in any such claim at its own expense.
132
133For example, a Contributor might include the Program in a commercial product
134offering, Product X. That Contributor is then a Commercial Contributor. If
135that Commercial Contributor then makes performance claims, or offers warranties
136related to Product X, those performance claims and warranties are such Commercial
137Contributor's responsibility alone. Under this section, the Commercial Contributor
138would have to defend claims against the other Contributors related to those
139performance claims and warranties, and if a court requires any other Contributor
140to pay any damages as a result, the Commercial Contributor must pay those
141damages.
142
143   5. NO WARRANTY
144
145EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON
146AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS
147OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
148TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
149Each Recipient is solely responsible for determining the appropriateness of
150using and distributing the Program and assumes all risks associated with its
151exercise of rights under this Agreement, including but not limited to the
152risks and costs of program errors, compliance with applicable laws, damage
153to or loss of data, programs or equipment, and unavailability or interruption
154of operations.
155
156   6. DISCLAIMER OF LIABILITY
157
158EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
159CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
160SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
161LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
162STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
163WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
164GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
165
166   7. GENERAL
167
168If any provision of this Agreement is invalid or unenforceable under applicable
169law, it shall not affect the validity or enforceability of the remainder of
170the terms of this Agreement, and without further action by the parties hereto,
171such provision shall be reformed to the minimum extent necessary to make such
172provision valid and enforceable.
173
174If Recipient institutes patent litigation against any entity (including a
175cross-claim or counterclaim in a lawsuit) alleging that the Program itself
176(excluding combinations of the Program with other software or hardware) infringes
177such Recipient's patent(s), then such Recipient's rights granted under Section
1782(b) shall terminate as of the date such litigation is filed.
179
180All Recipient's rights under this Agreement shall terminate if it fails to
181comply with any of the material terms or conditions of this Agreement and
182does not cure such failure in a reasonable period of time after becoming aware
183of such noncompliance. If all Recipient's rights under this Agreement terminate,
184Recipient agrees to cease use and distribution of the Program as soon as reasonably
185practicable. However, Recipient's obligations under this Agreement and any
186licenses granted by Recipient relating to the Program shall continue and survive.
187
188Everyone is permitted to copy and distribute copies of this Agreement, but
189in order to avoid inconsistency the Agreement is copyrighted and may only
190be modified in the following manner. The Agreement Steward reserves the right
191to publish new versions (including revisions) of this Agreement from time
192to time. No one other than the Agreement Steward has the right to modify this
193Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse
194Foundation may assign the responsibility to serve as the Agreement Steward
195to a suitable separate entity. Each new version of the Agreement will be given
196a distinguishing version number. The Program (including Contributions) may
197always be distributed subject to the version of the Agreement under which
198it was received. In addition, after a new version of the Agreement is published,
199Contributor may elect to distribute the Program (including its Contributions)
200under the new version. Except as expressly stated in Sections 2(a) and 2(b)
201above, Recipient receives no rights or licenses to the intellectual property
202of any Contributor under this Agreement, whether expressly, by implication,
203estoppel or otherwise. All rights in the Program not expressly granted under
204this Agreement are reserved.
205
206This Agreement is governed by the laws of the State of New York and the intellectual
207property laws of the United States of America. No party to this Agreement
208will bring a legal action under this Agreement more than one year after the
209cause of action arose. Each party waives its rights to a jury trial in any
210resulting litigation.