openSUSE Build Service

Overview Repositories Revisions Requests Users Attributes Meta

File EPL of Package ksh

+------------------------------------------------------------------------------+
|          This license covers all software that refers to the URL             |
|             http://www.eclipse.org/org/documents/epl-v10.html                |
+------------------------------------------------------------------------------+

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.

Places

File EPL of Package ksh

Places