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Diffstat (limited to 'source/ap/ksh93/EPL-1.0')
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diff --git a/source/ap/ksh93/EPL-1.0 b/source/ap/ksh93/EPL-1.0 deleted file mode 100644 index 76abcb3d..00000000 --- a/source/ap/ksh93/EPL-1.0 +++ /dev/null @@ -1,213 +0,0 @@ - - Eclipse Public License, Version 1.0 (EPL-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. - |