1 | |
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2 | Apache License |
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3 | Version 2.0, January 2004 |
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4 | http://www.apache.org/licenses/ |
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5 | |
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6 | TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION |
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7 | |
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8 | 1. Definitions. |
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9 | |
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10 | "License" shall mean the terms and conditions for use, reproduction, |
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11 | and distribution as defined by Sections 1 through 9 of this document. |
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12 | |
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13 | "Licensor" shall mean the copyright owner or entity authorized by |
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14 | the copyright owner that is granting the License. |
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15 | |
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16 | "Legal Entity" shall mean the union of the acting entity and all |
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17 | other entities that control, are controlled by, or are under common |
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18 | control with that entity. For the purposes of this definition, |
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19 | "control" means (i) the power, direct or indirect, to cause the |
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20 | direction or management of such entity, whether by contract or |
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21 | otherwise, or (ii) ownership of fifty percent (50%) or more of the |
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22 | outstanding shares, or (iii) beneficial ownership of such entity. |
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23 | |
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24 | "You" (or "Your") shall mean an individual or Legal Entity |
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25 | exercising permissions granted by this License. |
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26 | |
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27 | "Source" form shall mean the preferred form for making modifications, |
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28 | including but not limited to software source code, documentation |
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29 | source, and configuration files. |
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30 | |
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31 | "Object" form shall mean any form resulting from mechanical |
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32 | transformation or translation of a Source form, including but |
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33 | not limited to compiled object code, generated documentation, |
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34 | and conversions to other media types. |
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35 | |
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36 | "Work" shall mean the work of authorship, whether in Source or |
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37 | Object form, made available under the License, as indicated by a |
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38 | copyright notice that is included in or attached to the work |
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39 | (an example is provided in the Appendix below). |
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40 | |
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41 | "Derivative Works" shall mean any work, whether in Source or Object |
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42 | form, that is based on (or derived from) the Work and for which the |
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43 | editorial revisions, annotations, elaborations, or other modifications |
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44 | represent, as a whole, an original work of authorship. For the purposes |
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45 | of this License, Derivative Works shall not include works that remain |
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46 | separable from, or merely link (or bind by name) to the interfaces of, |
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47 | the Work and Derivative Works thereof. |
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48 | |
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49 | "Contribution" shall mean any work of authorship, including |
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50 | the original version of the Work and any modifications or additions |
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51 | to that Work or Derivative Works thereof, that is intentionally |
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52 | submitted to Licensor for inclusion in the Work by the copyright owner |
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53 | or by an individual or Legal Entity authorized to submit on behalf of |
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56 | to the Licensor or its representatives, including but not limited to |
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57 | communication on electronic mailing lists, source code control systems, |
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59 | Licensor for the purpose of discussing and improving the Work, but |
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60 | excluding communication that is conspicuously marked or otherwise |
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61 | designated in writing by the copyright owner as "Not a Contribution." |
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62 | |
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63 | "Contributor" shall mean Licensor and any individual or Legal Entity |
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64 | on behalf of whom a Contribution has been received by Licensor and |
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65 | subsequently incorporated within the Work. |
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66 | |
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67 | 2. Grant of Copyright License. Subject to the terms and conditions of |
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68 | this License, each Contributor hereby grants to You a perpetual, |
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69 | worldwide, non-exclusive, no-charge, royalty-free, irrevocable |
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70 | copyright license to reproduce, prepare Derivative Works of, |
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71 | publicly display, publicly perform, sublicense, and distribute the |
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72 | Work and such Derivative Works in Source or Object form. |
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73 | |
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74 | 3. Grant of Patent License. Subject to the terms and conditions of |
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75 | this License, each Contributor hereby grants to You a perpetual, |
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76 | worldwide, non-exclusive, no-charge, royalty-free, irrevocable |
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77 | (except as stated in this section) patent license to make, have made, |
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78 | use, offer to sell, sell, import, and otherwise transfer the Work, |
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79 | where such license applies only to those patent claims licensable |
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80 | by such Contributor that are necessarily infringed by their |
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81 | Contribution(s) alone or by combination of their Contribution(s) |
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82 | with the Work to which such Contribution(s) was submitted. If You |
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83 | institute patent litigation against any entity (including a |
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84 | cross-claim or counterclaim in a lawsuit) alleging that the Work |
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85 | or a Contribution incorporated within the Work constitutes direct |
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86 | or contributory patent infringement, then any patent licenses |
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87 | granted to You under this License for that Work shall terminate |
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88 | as of the date such litigation is filed. |
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89 | |
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90 | 4. Redistribution. You may reproduce and distribute copies of the |
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91 | Work or Derivative Works thereof in any medium, with or without |
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92 | modifications, and in Source or Object form, provided that You |
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93 | meet the following conditions: |
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94 | |
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95 | (a) You must give any other recipients of the Work or |
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96 | Derivative Works a copy of this License; and |
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97 | |
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98 | (b) You must cause any modified files to carry prominent notices |
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99 | stating that You changed the files; and |
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100 | |
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101 | (c) You must retain, in the Source form of any Derivative Works |
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102 | that You distribute, all copyright, patent, trademark, and |
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103 | attribution notices from the Source form of the Work, |
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104 | excluding those notices that do not pertain to any part of |
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105 | the Derivative Works; and |
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106 | |
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107 | (d) If the Work includes a "NOTICE" text file as part of its |
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108 | distribution, then any Derivative Works that You distribute must |
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119 | notices within Derivative Works that You distribute, alongside |
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121 | that such additional attribution notices cannot be construed |
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122 | as modifying the License. |
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123 | |
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124 | You may add Your own copyright statement to Your modifications and |
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128 | reproduction, and distribution of the Work otherwise complies with |
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129 | the conditions stated in this License. |
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130 | |
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131 | 5. Submission of Contributions. Unless You explicitly state otherwise, |
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132 | any Contribution intentionally submitted for inclusion in the Work |
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133 | by You to the Licensor shall be under the terms and conditions of |
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134 | this License, without any additional terms or conditions. |
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135 | Notwithstanding the above, nothing herein shall supersede or modify |
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136 | the terms of any separate license agreement you may have executed |
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137 | with Licensor regarding such Contributions. |
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138 | |
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139 | 6. Trademarks. This License does not grant permission to use the trade |
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140 | names, trademarks, service marks, or product names of the Licensor, |
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141 | except as required for reasonable and customary use in describing the |
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142 | origin of the Work and reproducing the content of the NOTICE file. |
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143 | |
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144 | 7. Disclaimer of Warranty. Unless required by applicable law or |
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145 | agreed to in writing, Licensor provides the Work (and each |
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146 | Contributor provides its Contributions) on an "AS IS" BASIS, |
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147 | WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or |
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148 | implied, including, without limitation, any warranties or conditions |
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149 | of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A |
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150 | PARTICULAR PURPOSE. You are solely responsible for determining the |
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151 | appropriateness of using or redistributing the Work and assume any |
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152 | risks associated with Your exercise of permissions under this License. |
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153 | |
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154 | 8. Limitation of Liability. In no event and under no legal theory, |
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155 | whether in tort (including negligence), contract, or otherwise, |
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156 | unless required by applicable law (such as deliberate and grossly |
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157 | negligent acts) or agreed to in writing, shall any Contributor be |
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158 | liable to You for damages, including any direct, indirect, special, |
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159 | incidental, or consequential damages of any character arising as a |
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160 | result of this License or out of the use or inability to use the |
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161 | Work (including but not limited to damages for loss of goodwill, |
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162 | work stoppage, computer failure or malfunction, or any and all |
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163 | other commercial damages or losses), even if such Contributor |
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164 | has been advised of the possibility of such damages. |
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165 | |
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166 | 9. Accepting Warranty or Additional Liability. While redistributing |
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167 | the Work or Derivative Works thereof, You may choose to offer, |
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168 | and charge a fee for, acceptance of support, warranty, indemnity, |
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169 | or other liability obligations and/or rights consistent with this |
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170 | License. However, in accepting such obligations, You may act only |
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171 | on Your own behalf and on Your sole responsibility, not on behalf |
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172 | of any other Contributor, and only if You agree to indemnify, |
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173 | defend, and hold each Contributor harmless for any liability |
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174 | incurred by, or claims asserted against, such Contributor by reason |
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175 | of your accepting any such warranty or additional liability. |
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176 | |
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177 | END OF TERMS AND CONDITIONS |
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178 | |
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179 | APPENDIX: How to apply the Apache License to your work. |
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180 | |
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181 | To apply the Apache License to your work, attach the following |
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182 | boilerplate notice, with the fields enclosed by brackets "[]" |
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184 | the brackets!) The text should be enclosed in the appropriate |
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185 | comment syntax for the file format. We also recommend that a |
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186 | file or class name and description of purpose be included on the |
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187 | same "printed page" as the copyright notice for easier |
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188 | identification within third-party archives. |
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189 | |
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190 | Copyright [yyyy] [name of copyright owner] |
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191 | |
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192 | Licensed under the Apache License, Version 2.0 (the "License"); |
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193 | you may not use this file except in compliance with the License. |
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194 | You may obtain a copy of the License at |
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195 | |
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196 | http://www.apache.org/licenses/LICENSE-2.0 |
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197 | |
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198 | Unless required by applicable law or agreed to in writing, software |
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199 | distributed under the License is distributed on an "AS IS" BASIS, |
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200 | WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. |
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201 | See the License for the specific language governing permissions and |
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202 | limitations under the License. |
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203 | |
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204 | |
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205 | |
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206 | APACHE TOMCAT SUBCOMPONENTS: |
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207 | |
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208 | Apache Tomcat includes a number of subcomponents with separate copyright notices |
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209 | and license terms. Your use of these subcomponents is subject to the terms and |
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210 | conditions of the following licenses. |
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211 | |
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212 | |
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213 | For the jasper-jdt.jar component: |
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214 | |
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215 | Eclipse Public License - v 1.0 |
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216 | |
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217 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC |
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218 | LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
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219 | CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
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220 | |
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221 | 1. DEFINITIONS |
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222 | |
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223 | "Contribution" means: |
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224 | |
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225 | a) in the case of the initial Contributor, the initial code and documentation |
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226 | distributed under this Agreement, and |
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227 | |
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228 | b) in the case of each subsequent Contributor: |
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229 | |
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230 | i) changes to the Program, and |
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231 | |
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232 | ii) additions to the Program; |
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233 | |
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234 | where such changes and/or additions to the Program originate from and are |
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235 | distributed by that particular Contributor. A Contribution 'originates' from a |
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236 | Contributor if it was added to the Program by such Contributor itself or anyone |
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237 | acting on such Contributor's behalf. Contributions do not include additions to |
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238 | the Program which: (i) are separate modules of software distributed in |
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239 | conjunction with the Program under their own license agreement, and (ii) are not |
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240 | derivative works of the Program. |
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241 | |
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242 | "Contributor" means any person or entity that distributes the Program. |
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243 | |
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244 | "Licensed Patents" mean patent claims licensable by a Contributor which are |
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245 | necessarily infringed by the use or sale of its Contribution alone or when |
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246 | combined with the Program. |
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247 | |
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248 | "Program" means the Contributions distributed in accordance with this Agreement. |
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249 | |
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250 | "Recipient" means anyone who receives the Program under this Agreement, |
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251 | including all Contributors. |
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252 | |
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253 | 2. GRANT OF RIGHTS |
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254 | |
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255 | a) Subject to the terms of this Agreement, each Contributor hereby grants |
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256 | Recipient a non-exclusive, worldwide, royalty-free copyright license to |
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257 | reproduce, prepare derivative works of, publicly display, publicly perform, |
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258 | distribute and sublicense the Contribution of such Contributor, if any, and such |
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259 | derivative works, in source code and object code form. |
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260 | |
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261 | b) Subject to the terms of this Agreement, each Contributor hereby grants |
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262 | Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed |
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263 | Patents to make, use, sell, offer to sell, import and otherwise transfer the |
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264 | Contribution of such Contributor, if any, in source code and object code form. |
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265 | This patent license shall apply to the combination of the Contribution and the |
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266 | Program if, at the time the Contribution is added by the Contributor, such |
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267 | addition of the Contribution causes such combination to be covered by the |
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268 | Licensed Patents. The patent license shall not apply to any other combinations |
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269 | which include the Contribution. No hardware per se is licensed hereunder. |
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270 | |
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271 | c) Recipient understands that although each Contributor grants the licenses to |
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272 | its Contributions set forth herein, no assurances are provided by any |
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273 | Contributor that the Program does not infringe the patent or other intellectual |
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274 | property rights of any other entity. Each Contributor disclaims any liability to |
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275 | Recipient for claims brought by any other entity based on infringement of |
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276 | intellectual property rights or otherwise. As a condition to exercising the |
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277 | rights and licenses granted hereunder, each Recipient hereby assumes sole |
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278 | responsibility to secure any other intellectual property rights needed, if any. |
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279 | For example, if a third party patent license is required to allow Recipient to |
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280 | distribute the Program, it is Recipient's responsibility to acquire that license |
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281 | before distributing the Program. |
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282 | |
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283 | d) Each Contributor represents that to its knowledge it has sufficient copyright |
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284 | rights in its Contribution, if any, to grant the copyright license set forth in |
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285 | this Agreement. |
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286 | |
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287 | 3. REQUIREMENTS |
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288 | |
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289 | A Contributor may choose to distribute the Program in object code form under its |
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290 | own license agreement, provided that: |
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291 | |
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292 | a) it complies with the terms and conditions of this Agreement; and |
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293 | |
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294 | b) its license agreement: |
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295 | |
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296 | i) effectively disclaims on behalf of all Contributors all warranties and |
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297 | conditions, express and implied, including warranties or conditions of title and |
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298 | non-infringement, and implied warranties or conditions of merchantability and |
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299 | fitness for a particular purpose; |
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300 | |
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301 | ii) effectively excludes on behalf of all Contributors all liability for |
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302 | damages, including direct, indirect, special, incidental and consequential |
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303 | damages, such as lost profits; |
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304 | |
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305 | iii) states that any provisions which differ from this Agreement are offered by |
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306 | that Contributor alone and not by any other party; and |
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307 | |
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308 | iv) states that source code for the Program is available from such Contributor, |
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309 | and informs licensees how to obtain it in a reasonable manner on or through a |
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310 | medium customarily used for software exchange. |
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311 | |
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312 | When the Program is made available in source code form: |
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313 | |
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314 | a) it must be made available under this Agreement; and |
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315 | |
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316 | b) a copy of this Agreement must be included with each copy of the Program. |
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317 | |
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318 | Contributors may not remove or alter any copyright notices contained within the |
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319 | Program. |
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320 | |
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321 | Each Contributor must identify itself as the originator of its Contribution, if |
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322 | any, in a manner that reasonably allows subsequent Recipients to identify the |
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323 | originator of the Contribution. |
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324 | |
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325 | 4. COMMERCIAL DISTRIBUTION |
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326 | |
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327 | Commercial distributors of software may accept certain responsibilities with |
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328 | respect to end users, business partners and the like. While this license is |
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329 | intended to facilitate the commercial use of the Program, the Contributor who |
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330 | includes the Program in a commercial product offering should do so in a manner |
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331 | which does not create potential liability for other Contributors. Therefore, if |
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332 | a Contributor includes the Program in a commercial product offering, such |
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333 | Contributor ("Commercial Contributor") hereby agrees to defend and indemnify |
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334 | every other Contributor ("Indemnified Contributor") against any losses, damages |
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335 | and costs (collectively "Losses") arising from claims, lawsuits and other legal |
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336 | actions brought by a third party against the Indemnified Contributor to the |
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337 | extent caused by the acts or omissions of such Commercial Contributor in |
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338 | connection with its distribution of the Program in a commercial product |
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339 | offering. The obligations in this section do not apply to any claims or Losses |
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340 | relating to any actual or alleged intellectual property infringement. In order |
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341 | to qualify, an Indemnified Contributor must: a) promptly notify the Commercial |
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342 | Contributor in writing of such claim, and b) allow the Commercial Contributor |
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343 | to control, and cooperate with the Commercial Contributor in, the defense and |
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344 | any related settlement negotiations. The Indemnified Contributor may |
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345 | participate in any such claim at its own expense. |
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346 | |
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347 | For example, a Contributor might include the Program in a commercial product |
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348 | offering, Product X. That Contributor is then a Commercial Contributor. If that |
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349 | Commercial Contributor then makes performance claims, or offers warranties |
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350 | related to Product X, those performance claims and warranties are such |
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351 | Commercial Contributor's responsibility alone. Under this section, the |
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352 | Commercial Contributor would have to defend claims against the other |
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353 | Contributors related to those performance claims and warranties, and if a court |
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354 | requires any other Contributor to pay any damages as a result, the Commercial |
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355 | Contributor must pay those damages. |
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356 | |
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357 | 5. NO WARRANTY |
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358 | |
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359 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN |
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360 | "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
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361 | IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
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362 | NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each |
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363 | Recipient is solely responsible for determining the appropriateness of using and |
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364 | distributing the Program and assumes all risks associated with its exercise of |
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365 | rights under this Agreement , including but not limited to the risks and costs |
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366 | of program errors, compliance with applicable laws, damage to or loss of data, |
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367 | programs or equipment, and unavailability or interruption of operations. |
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368 | |
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369 | 6. DISCLAIMER OF LIABILITY |
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370 | |
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371 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
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372 | CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
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373 | SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
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374 | PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
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375 | STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY |
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376 | OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
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377 | GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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378 | |
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379 | 7. GENERAL |
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380 | |
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381 | If any provision of this Agreement is invalid or unenforceable under applicable |
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382 | law, it shall not affect the validity or enforceability of the remainder of the |
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383 | terms of this Agreement, and without further action by the parties hereto, such |
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384 | provision shall be reformed to the minimum extent necessary to make such |
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385 | provision valid and enforceable. |
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386 | |
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387 | If Recipient institutes patent litigation against any entity (including a |
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388 | cross-claim or counterclaim in a lawsuit) alleging that the Program itself |
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389 | (excluding combinations of the Program with other software or hardware) |
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390 | infringes such Recipient's patent(s), then such Recipient's rights granted under |
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391 | Section 2(b) shall terminate as of the date such litigation is filed. |
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392 | |
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393 | All Recipient's rights under this Agreement shall terminate if it fails to |
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394 | comply with any of the material terms or conditions of this Agreement and does |
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395 | not cure such failure in a reasonable period of time after becoming aware of |
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396 | such noncompliance. If all Recipient's rights under this Agreement terminate, |
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397 | Recipient agrees to cease use and distribution of the Program as soon as |
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398 | reasonably practicable. However, Recipient's obligations under this Agreement |
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399 | and any licenses granted by Recipient relating to the Program shall continue and |
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400 | survive. |
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401 | |
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402 | Everyone is permitted to copy and distribute copies of this Agreement, but in |
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403 | order to avoid inconsistency the Agreement is copyrighted and may only be |
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404 | modified in the following manner. The Agreement Steward reserves the right to |
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405 | publish new versions (including revisions) of this Agreement from time to time. |
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406 | No one other than the Agreement Steward has the right to modify this Agreement. |
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407 | The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation |
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408 | may assign the responsibility to serve as the Agreement Steward to a suitable |
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409 | separate entity. Each new version of the Agreement will be given a |
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410 | distinguishing version number. The Program (including Contributions) may always |
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411 | be distributed subject to the version of the Agreement under which it was |
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412 | received. In addition, after a new version of the Agreement is published, |
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413 | Contributor may elect to distribute the Program (including its Contributions) |
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414 | under the new version. Except as expressly stated in Sections 2(a) and 2(b) |
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415 | above, Recipient receives no rights or licenses to the intellectual property of |
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416 | any Contributor under this Agreement, whether expressly, by implication, |
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417 | estoppel or otherwise. All rights in the Program not expressly granted under |
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418 | this Agreement are reserved. |
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419 | |
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420 | This Agreement is governed by the laws of the State of New York and the |
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421 | intellectual property laws of the United States of America. No party to this |
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422 | Agreement will bring a legal action under this Agreement more than one year |
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423 | after the cause of action arose. Each party waives its rights to a jury trial in |
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424 | any resulting litigation. |
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425 | |
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426 | |
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427 | For the Windows Installer component: |
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428 | |
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429 | * All NSIS source code, plug-ins, documentation, examples, header files and |
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430 | graphics, with the exception of the compression modules and where |
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431 | otherwise noted, are licensed under the zlib/libpng license. |
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432 | * The zlib compression module for NSIS is licensed under the zlib/libpng |
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433 | license. |
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434 | * The bzip2 compression module for NSIS is licensed under the bzip2 license. |
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435 | * The lzma compression module for NSIS is licensed under the Common Public |
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436 | License version 1.0. |
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437 | |
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438 | zlib/libpng license |
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439 | |
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440 | This software is provided 'as-is', without any express or implied warranty. In |
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441 | no event will the authors be held liable for any damages arising from the use of |
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442 | this software. |
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443 | |
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444 | Permission is granted to anyone to use this software for any purpose, including |
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445 | commercial applications, and to alter it and redistribute it freely, subject to |
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446 | the following restrictions: |
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447 | |
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448 | 1. The origin of this software must not be misrepresented; you must not claim |
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449 | that you wrote the original software. If you use this software in a |
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450 | product, an acknowledgment in the product documentation would be |
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451 | appreciated but is not required. |
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452 | 2. Altered source versions must be plainly marked as such, and must not be |
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453 | misrepresented as being the original software. |
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454 | 3. This notice may not be removed or altered from any source distribution. |
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455 | |
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456 | bzip2 license |
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457 | |
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458 | Redistribution and use in source and binary forms, with or without modification, |
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459 | are permitted provided that the following conditions are met: |
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460 | |
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461 | 1. Redistributions of source code must retain the above copyright notice, |
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462 | this list of conditions and the following disclaimer. |
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463 | 2. The origin of this software must not be misrepresented; you must not claim |
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464 | that you wrote the original software. If you use this software in a |
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465 | product, an acknowledgment in the product documentation would be |
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466 | appreciated but is not required. |
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467 | 3. Altered source versions must be plainly marked as such, and must not be |
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468 | misrepresented as being the original software. |
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469 | 4. The name of the author may not be used to endorse or promote products |
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470 | derived from this software without specific prior written permission. |
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471 | |
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472 | THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS AND ANY EXPRESS OR IMPLIED |
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473 | WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF |
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474 | MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT |
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475 | SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, |
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476 | EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT |
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477 | OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS |
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478 | INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN |
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479 | CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING |
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480 | IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY |
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481 | OF SUCH DAMAGE. |
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482 | |
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483 | Julian Seward, Cambridge, UK. |
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484 | |
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485 | jseward@acm.org |
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486 | Common Public License version 1.0 |
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487 | |
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488 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC |
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489 | LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
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490 | CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
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491 | |
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492 | 1. DEFINITIONS |
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493 | |
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494 | "Contribution" means: |
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495 | |
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496 | a) in the case of the initial Contributor, the initial code and documentation |
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497 | distributed under this Agreement, and b) in the case of each subsequent |
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498 | Contributor: |
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499 | |
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500 | i) changes to the Program, and |
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501 | |
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502 | ii) additions to the Program; |
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503 | |
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504 | where such changes and/or additions to the Program originate from and are |
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505 | distributed by that particular Contributor. A Contribution 'originates' from a |
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506 | Contributor if it was added to the Program by such Contributor itself or anyone |
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507 | acting on such Contributor's behalf. Contributions do not include additions to |
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508 | the Program which: (i) are separate modules of software distributed in |
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509 | conjunction with the Program under their own license agreement, and (ii) are not |
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510 | derivative works of the Program. |
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511 | |
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512 | "Contributor" means any person or entity that distributes the Program. |
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513 | |
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514 | "Licensed Patents " mean patent claims licensable by a Contributor which are |
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515 | necessarily infringed by the use or sale of its Contribution alone or when |
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516 | combined with the Program. |
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517 | |
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518 | "Program" means the Contributions distributed in accordance with this Agreement. |
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519 | |
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520 | "Recipient" means anyone who receives the Program under this Agreement, |
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521 | including all Contributors. |
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522 | |
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523 | 2. GRANT OF RIGHTS |
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524 | |
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525 | a) Subject to the terms of this Agreement, each Contributor hereby grants |
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526 | Recipient a non-exclusive, worldwide, royalty-free copyright license to |
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527 | reproduce, prepare derivative works of, publicly display, publicly perform, |
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528 | distribute and sublicense the Contribution of such Contributor, if any, and such |
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529 | derivative works, in source code and object code form. |
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530 | |
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531 | b) Subject to the terms of this Agreement, each Contributor hereby grants |
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532 | Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed |
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533 | Patents to make, use, sell, offer to sell, import and otherwise transfer the |
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534 | Contribution of such Contributor, if any, in source code and object code form. |
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535 | This patent license shall apply to the combination of the Contribution and the |
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536 | Program if, at the time the Contribution is added by the Contributor, such |
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537 | addition of the Contribution causes such combination to be covered by the |
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538 | Licensed Patents. The patent license shall not apply to any other combinations |
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539 | which include the Contribution. No hardware per se is licensed hereunder. |
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540 | |
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541 | c) Recipient understands that although each Contributor grants the licenses to |
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542 | its Contributions set forth herein, no assurances are provided by any |
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543 | Contributor that the Program does not infringe the patent or other intellectual |
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544 | property rights of any other entity. Each Contributor disclaims any liability to |
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545 | Recipient for claims brought by any other entity based on infringement of |
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546 | intellectual property rights or otherwise. As a condition to exercising the |
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547 | rights and licenses granted hereunder, each Recipient hereby assumes sole |
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548 | responsibility to secure any other intellectual property rights needed, if any. |
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549 | For example, if a third party patent license is required to allow Recipient to |
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550 | distribute the Program, it is Recipient's responsibility to acquire that license |
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551 | before distributing the Program. |
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552 | |
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553 | d) Each Contributor represents that to its knowledge it has sufficient copyright |
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554 | rights in its Contribution, if any, to grant the copyright license set forth in |
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555 | this Agreement. |
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556 | |
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557 | 3. REQUIREMENTS |
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558 | |
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559 | A Contributor may choose to distribute the Program in object code form under its |
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560 | own license agreement, provided that: |
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561 | |
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562 | a) it complies with the terms and conditions of this Agreement; and |
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563 | |
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564 | b) its license agreement: |
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565 | |
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566 | i) effectively disclaims on behalf of all Contributors all warranties and |
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567 | conditions, express and implied, including warranties or conditions of title and |
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568 | non-infringement, and implied warranties or conditions of merchantability and |
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569 | fitness for a particular purpose; |
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570 | |
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571 | ii) effectively excludes on behalf of all Contributors all liability for |
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572 | damages, including direct, indirect, special, incidental and consequential |
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573 | damages, such as lost profits; |
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574 | |
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575 | iii) states that any provisions which differ from this Agreement are offered by |
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576 | that Contributor alone and not by any other party; and |
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577 | |
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578 | iv) states that source code for the Program is available from such Contributor, |
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579 | and informs licensees how to obtain it in a reasonable manner on or through a |
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580 | medium customarily used for software exchange. |
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581 | |
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582 | When the Program is made available in source code form: |
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583 | |
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584 | a) it must be made available under this Agreement; and |
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585 | |
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586 | b) a copy of this Agreement must be included with each copy of the Program. |
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587 | |
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588 | Contributors may not remove or alter any copyright notices contained within the |
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589 | Program. |
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590 | |
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591 | Each Contributor must identify itself as the originator of its Contribution, if |
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592 | any, in a manner that reasonably allows subsequent Recipients to identify the |
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593 | originator of the Contribution. |
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594 | |
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595 | 4. COMMERCIAL DISTRIBUTION |
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596 | |
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597 | Commercial distributors of software may accept certain responsibilities with |
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598 | respect to end users, business partners and the like. While this license is |
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599 | intended to facilitate the commercial use of the Program, the Contributor who |
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600 | includes the Program in a commercial product offering should do so in a manner |
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601 | which does not create potential liability for other Contributors. Therefore, if |
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602 | a Contributor includes the Program in a commercial product offering, such |
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603 | Contributor ("Commercial Contributor") hereby agrees to defend and indemnify |
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604 | every other Contributor ("Indemnified Contributor") against any losses, damages |
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605 | and costs (collectively "Losses") arising from claims, lawsuits and other legal |
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606 | actions brought by a third party against the Indemnified Contributor to the |
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607 | extent caused by the acts or omissions of such Commercial Contributor in |
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608 | connection with its distribution of the Program in a commercial product |
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609 | offering. The obligations in this section do not apply to any claims or Losses |
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610 | relating to any actual or alleged intellectual property infringement. In order |
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611 | to qualify, an Indemnified Contributor must: a) promptly notify the Commercial |
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612 | Contributor in writing of such claim, and b) allow the Commercial Contributor to |
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613 | control, and cooperate with the Commercial Contributor in, the defense and any |
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614 | related settlement negotiations. The Indemnified Contributor may participate in |
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615 | any such claim at its own expense. |
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616 | |
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617 | For example, a Contributor might include the Program in a commercial product |
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618 | offering, Product X. That Contributor is then a Commercial Contributor. If that |
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619 | Commercial Contributor then makes performance claims, or offers warranties |
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620 | related to Product X, those performance claims and warranties are such |
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621 | Commercial Contributor's responsibility alone. Under this section, the |
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622 | Commercial Contributor would have to defend claims against the other |
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623 | Contributors related to those performance claims and warranties, and if a court |
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624 | requires any other Contributor to pay any damages as a result, the Commercial |
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625 | Contributor must pay those damages. |
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626 | |
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627 | 5. NO WARRANTY |
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628 | |
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629 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN |
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630 | "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
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631 | IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
---|
632 | NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each |
---|
633 | Recipient is solely responsible for determining the appropriateness of using and |
---|
634 | distributing the Program and assumes all risks associated with its exercise of |
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635 | rights under this Agreement, including but not limited to the risks and costs of |
---|
636 | program errors, compliance with applicable laws, damage to or loss of data, |
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637 | programs or equipment, and unavailability or interruption of operations. |
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638 | |
---|
639 | 6. DISCLAIMER OF LIABILITY |
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640 | |
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641 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
---|
642 | CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
---|
643 | SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
---|
644 | PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
---|
645 | STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY |
---|
646 | OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
---|
647 | GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
---|
648 | |
---|
649 | 7. GENERAL |
---|
650 | |
---|
651 | If any provision of this Agreement is invalid or unenforceable under applicable |
---|
652 | law, it shall not affect the validity or enforceability of the remainder of the |
---|
653 | terms of this Agreement, and without further action by the parties hereto, such |
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654 | provision shall be reformed to the minimum extent necessary to make such |
---|
655 | provision valid and enforceable. |
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656 | |
---|
657 | If Recipient institutes patent litigation against a Contributor with respect to |
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658 | a patent applicable to software (including a cross-claim or counterclaim in a |
---|
659 | lawsuit), then any patent licenses granted by that Contributor to such Recipient |
---|
660 | under this Agreement shall terminate as of the date such litigation is filed. In |
---|
661 | addition, if Recipient institutes patent litigation against any entity |
---|
662 | (including a cross-claim or counterclaim in a lawsuit) alleging that the Program |
---|
663 | itself (excluding combinations of the Program with other software or hardware) |
---|
664 | infringes such Recipient's patent(s), then such Recipient's rights granted under |
---|
665 | Section 2(b) shall terminate as of the date such litigation is filed. |
---|
666 | |
---|
667 | All Recipient's rights under this Agreement shall terminate if it fails to |
---|
668 | comply with any of the material terms or conditions of this Agreement and does |
---|
669 | not cure such failure in a reasonable period of time after becoming aware of |
---|
670 | such noncompliance. If all Recipient's rights under this Agreement terminate, |
---|
671 | Recipient agrees to cease use and distribution of the Program as soon as |
---|
672 | reasonably practicable. However, Recipient's obligations under this Agreement |
---|
673 | and any licenses granted by Recipient relating to the Program shall continue and |
---|
674 | survive. |
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675 | |
---|
676 | Everyone is permitted to copy and distribute copies of this Agreement, but in |
---|
677 | order to avoid inconsistency the Agreement is copyrighted and may only be |
---|
678 | modified in the following manner. The Agreement Steward reserves the right to |
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679 | publish new versions (including revisions) of this Agreement from time to time. |
---|
680 | No one other than the Agreement Steward has the right to modify this Agreement. |
---|
681 | IBM is the initial Agreement Steward. IBM may assign the responsibility to serve |
---|
682 | as the Agreement Steward to a suitable separate entity. Each new version of the |
---|
683 | Agreement will be given a distinguishing version number. The Program (including |
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684 | Contributions) may always be distributed subject to the version of the Agreement |
---|
685 | under which it was received. In addition, after a new version of the Agreement |
---|
686 | is published, Contributor may elect to distribute the Program (including its |
---|
687 | Contributions) under the new version. Except as expressly stated in Sections |
---|
688 | 2(a) and 2(b) above, Recipient receives no rights or licenses to the |
---|
689 | intellectual property of any Contributor under this Agreement, whether |
---|
690 | expressly, by implication, estoppel or otherwise. All rights in the Program not |
---|
691 | expressly granted under this Agreement are reserved. |
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692 | |
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693 | This Agreement is governed by the laws of the State of New York and the |
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694 | intellectual property laws of the United States of America. No party to this |
---|
695 | Agreement will bring a legal action under this Agreement more than one year |
---|
696 | after the cause of action arose. Each party waives its rights to a jury trial in |
---|
697 | any resulting litigation. |
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698 | |
---|
699 | Special exception for LZMA compression module |
---|
700 | |
---|
701 | Igor Pavlov and Amir Szekely, the authors of the LZMA compression module for |
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702 | NSIS, expressly permit you to statically or dynamically link your code (or bind |
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703 | by name) to the files from the LZMA compression module for NSIS without |
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704 | subjecting your linked code to the terms of the Common Public license version |
---|
705 | 1.0. Any modifications or additions to files from the LZMA compression module |
---|
706 | for NSIS, however, are subject to the terms of the Common Public License version |
---|
707 | 1.0. |
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