| Format: http://svn.debian.org/wsvn/dep/web/deps/dep5.mdwn?op=file&rev=166 |
| Upstream-Name: powerdebug |
| Upstream-Contact: Amit Kucheria <amit.kucheria@linaro.org> |
| Source: git://git.linaro.org/tools/powerdebug.git |
| |
| Files: * |
| Copyright: 2010, 2011 Linaro Ltd. |
| License: EPL-1.0 |
| 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. |
| |