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clean up, add Rich Hickey license to port
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<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> | ||
<html xmlns="http://www.w3.org/1999/xhtml"> | ||
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<head> | ||
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1" /> | ||
<title>Eclipse Public License - Version 1.0</title> | ||
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</head> | ||
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<body lang="EN-US"> | ||
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<p align=center><b>Eclipse Public License - v 1.0</b></p> | ||
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<p>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.</p> | ||
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<p><b>1. DEFINITIONS</b></p> | ||
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<p>"Contribution" means:</p> | ||
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<p class="list">a) in the case of the initial Contributor, the initial | ||
code and documentation distributed under this Agreement, and</p> | ||
<p class="list">b) in the case of each subsequent Contributor:</p> | ||
<p class="list">i) changes to the Program, and</p> | ||
<p class="list">ii) additions to the Program;</p> | ||
<p class="list">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.</p> | ||
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<p>"Contributor" means any person or entity that distributes | ||
the Program.</p> | ||
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<p>"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.</p> | ||
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<p>"Program" means the Contributions distributed in accordance | ||
with this Agreement.</p> | ||
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<p>"Recipient" means anyone who receives the Program under | ||
this Agreement, including all Contributors.</p> | ||
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<p><b>2. GRANT OF RIGHTS</b></p> | ||
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<p class="list">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.</p> | ||
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<p class="list">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.</p> | ||
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<p class="list">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.</p> | ||
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<p class="list">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.</p> | ||
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<p><b>3. REQUIREMENTS</b></p> | ||
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<p>A Contributor may choose to distribute the Program in object code | ||
form under its own license agreement, provided that:</p> | ||
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<p class="list">a) it complies with the terms and conditions of this | ||
Agreement; and</p> | ||
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<p class="list">b) its license agreement:</p> | ||
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<p class="list">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;</p> | ||
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<p class="list">ii) effectively excludes on behalf of all Contributors | ||
all liability for damages, including direct, indirect, special, | ||
incidental and consequential damages, such as lost profits;</p> | ||
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<p class="list">iii) states that any provisions which differ from this | ||
Agreement are offered by that Contributor alone and not by any other | ||
party; and</p> | ||
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<p class="list">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.</p> | ||
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<p>When the Program is made available in source code form:</p> | ||
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<p class="list">a) it must be made available under this Agreement; and</p> | ||
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<p class="list">b) a copy of this Agreement must be included with each | ||
copy of the Program.</p> | ||
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<p>Contributors may not remove or alter any copyright notices contained | ||
within the Program.</p> | ||
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<p>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.</p> | ||
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<p><b>4. COMMERCIAL DISTRIBUTION</b></p> | ||
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<p>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.</p> | ||
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<p>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.</p> | ||
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<p><b>5. NO WARRANTY</b></p> | ||
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<p>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.</p> | ||
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<p><b>6. DISCLAIMER OF LIABILITY</b></p> | ||
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<p>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.</p> | ||
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<p><b>7. GENERAL</b></p> | ||
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<p>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.</p> | ||
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<p>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.</p> | ||
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<p>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.</p> | ||
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<p>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.</p> | ||
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<p>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.</p> | ||
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</body> | ||
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</html> |
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