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Copyright (c) 2007-2021 - Maxprograms, http://www.maxprograms.com/ | ||
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Permission is hereby granted, free of charge, to any person obtaining a copy of | ||
this software and associated documentation files (the "Software"), to compile, | ||
modify and use the Software in its executable form without restrictions. | ||
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Redistribution of this Software or parts of it in any form (source code or | ||
executable binaries) requires prior written permission from Maxprograms. | ||
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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR | ||
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, | ||
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE | ||
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER | ||
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, | ||
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE | ||
SOFTWARE. | ||
Eclipse Public License - v 1.0 | ||
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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. | ||
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1. DEFINITIONS | ||
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"Contribution" means: | ||
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a) in the case of the initial Contributor, the initial code and | ||
documentation distributed under this Agreement, and | ||
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b) in the case of each subsequent Contributor: | ||
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i) changes to the Program, and | ||
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ii) additions to the Program; | ||
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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. | ||
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"Contributor" means any person or entity that distributes the Program. | ||
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"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. | ||
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"Program" means the Contributions distributed in accordance with this | ||
Agreement. | ||
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"Recipient" means anyone who receives the Program under this | ||
Agreement, including all Contributors. | ||
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2. GRANT OF RIGHTS | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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3. REQUIREMENTS | ||
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A Contributor may choose to distribute the Program in object code form | ||
under its own license agreement, provided that: | ||
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a) it complies with the terms and conditions of this Agreement; | ||
and | ||
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b) its license agreement: | ||
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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; | ||
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ii) effectively excludes on behalf of all Contributors all | ||
liability for damages, including direct, indirect, special, | ||
incidental and consequential damages, such as lost profits; | ||
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iii) states that any provisions which differ from this Agreement | ||
are offered by that Contributor alone and not by any other party; | ||
and | ||
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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. | ||
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When the Program is made available in source code form: | ||
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a) it must be made available under this Agreement; and | ||
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b) a copy of this Agreement must be included with each copy of the | ||
Program. | ||
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Contributors may not remove or alter any copyright notices contained | ||
within the Program. | ||
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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. | ||
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4. COMMERCIAL DISTRIBUTION | ||
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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. | ||
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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. | ||
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5. NO WARRANTY | ||
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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. | ||
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6. DISCLAIMER OF LIABILITY | ||
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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. | ||
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7. GENERAL | ||
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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. | ||
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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. | ||
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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. | ||
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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. | ||
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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. |
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