LICENSE

Copyright (C) 2010 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.