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andrewshan 提交于 2021-07-29 23:40 . polaris first commit
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Tencent is pleased to support the open source community by making polaris available.
Copyright (C) 2021 THL A29 Limited, a Tencent company. All rights reserved.
A polaris is licensed under the BSD 3-Clause License. A copy of the BSD 3-Clause License is included in this file.
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Copyright (c) 2009 The Go Authors. All rights reserved.
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Copyright 2013, Sébastien Paolacci.
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The BSD 3-Clause license applies to all parts of Protocol Buffers except the following:
- Atomicops support for generic gcc, located in
src/google/protobuf/stubs/atomicops_internals_generic_gcc.h.
This file is copyrighted by Red Hat Inc.
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Copyright 2008, Google Inc.
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* Redistributions of source code must retain the above copyright
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* Neither the name of Google Inc. nor the names of its
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"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
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OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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Copyright 1999-2005 The Apache Software Foundation
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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) 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. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
Open Source Software Licensed Under the MIT License:
The below software in this distribution may have been modified by THL A29 Limited
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Copyright (c) 2012,2013 Ernest Micklei
2. mapstructure
Copyright (c) 2013 Mitchell Hashimoto
3. lumberjack
Copyright (c) 2014 Nate Finch
4. Testify
Copyright (c) 2012-2020 Mat Ryer, Tyler Bunnell and contributors.
5. zap
Copyright (c) 2016-2017 Uber Technologies, Inc.
6. gomonkey
Copyright (c) 2018 Zhang Xiaolong
7. go-homedir
Copyright (c) 2013 Mitchell Hashimoto
8. SLF4J
Copyright (c) 2004-2017 QOS.ch
9. nghttp2
Copyright (c) 2012, 2014, 2015, 2016 Tatsuhiro Tsujikawa
Copyright (c) 2012, 2014, 2015, 2016 nghttp2 contributors
10. yaml-cpp
Copyright (c) 2008 Jesse Beder.
11. murmurhash
Copyright murmurhash authors and contributors
Terms of the MIT License:
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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 deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
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.
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Copyright (c) 2013, The GoGo Authors. All rights reserved.
2. golang-lru
Copyright (c) golang-lru authors and contributors
3. go-multierror
go-multierror (c) authors and contributors
Terms of the Mozilla Public License, version 2.0 License:
---------------------------------------------------
Mozilla Public License, version 2.0
1. Definitions
1.1. “Contributor”
means each individual or legal entity that creates, contributes to the
creation of, or owns Covered Software.
1.2. “Contributor Version”
means the combination of the Contributions of others (if any) used by a
Contributor and that particular Contributor’s Contribution.
1.3. “Contribution”
means Covered Software of a particular Contributor.
1.4. “Covered Software”
means Source Code Form to which the initial Contributor has attached the
notice in Exhibit A, the Executable Form of such Source Code Form, and
Modifications of such Source Code Form, in each case including portions
thereof.
1.5. “Incompatible With Secondary Licenses”
means
a. that the initial Contributor has attached the notice described in
Exhibit B to the Covered Software; or
b. that the Covered Software was made available under the terms of version
1.1 or earlier of the License, but not also under the terms of a
Secondary License.
1.6. “Executable Form”
means any form of the work other than Source Code Form.
1.7. “Larger Work”
means a work that combines Covered Software with other material, in a separate
file or files, that is not Covered Software.
1.8. “License”
means this document.
1.9. “Licensable”
means having the right to grant, to the maximum extent possible, whether at the
time of the initial grant or subsequently, any and all of the rights conveyed by
this License.
1.10. “Modifications”
means any of the following:
a. any file in Source Code Form that results from an addition to, deletion
from, or modification of the contents of Covered Software; or
b. any new file in Source Code Form that contains any Covered Software.
1.11. “Patent Claims” of a Contributor
means any patent claim(s), including without limitation, method, process,
and apparatus claims, in any patent Licensable by such Contributor that
would be infringed, but for the grant of the License, by the making,
using, selling, offering for sale, having made, import, or transfer of
either its Contributions or its Contributor Version.
1.12. “Secondary License”
means either the GNU General Public License, Version 2.0, the GNU Lesser
General Public License, Version 2.1, the GNU Affero General Public
License, Version 3.0, or any later versions of those licenses.
1.13. “Source Code Form”
means the form of the work preferred for making modifications.
1.14. “You” (or “Your”)
means an individual or a legal entity exercising rights under this
License. For legal entities, “You” includes any entity that controls, is
controlled by, or is under common control with You. For purposes of this
definition, “control” means (a) the power, direct or indirect, to cause
the direction or management of such entity, whether by contract or
otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2. License Grants and Conditions
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
a. under intellectual property rights (other than patent or trademark)
Licensable by such Contributor to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications, or as
part of a Larger Work; and
b. under Patent Claims of such Contributor to make, use, sell, offer for
sale, have made, import, and otherwise transfer either its Contributions
or its Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution become
effective for each Contribution on the date the Contributor first distributes
such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under this
License. No additional rights or licenses will be implied from the distribution
or licensing of Covered Software under this License. Notwithstanding Section
2.1(b) above, no patent license is granted by a Contributor:
a. for any code that a Contributor has removed from Covered Software; or
b. for infringements caused by: (i) Your and any other third party’s
modifications of Covered Software, or (ii) the combination of its
Contributions with other software (except as part of its Contributor
Version); or
c. under Patent Claims infringed by Covered Software in the absence of its
Contributions.
This License does not grant any rights in the trademarks, service marks, or
logos of any Contributor (except as may be necessary to comply with the
notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this License
(see Section 10.2) or under the terms of a Secondary License (if permitted
under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its Contributions
are its original creation(s) or it has sufficient rights to grant the
rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under applicable
copyright doctrines of fair use, fair dealing, or other equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in
Section 2.1.
3. Responsibilities
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including any
Modifications that You create or to which You contribute, must be under the
terms of this License. You must inform recipients that the Source Code Form
of the Covered Software is governed by the terms of this License, and how
they can obtain a copy of this License. You may not attempt to alter or
restrict the recipients’ rights in the Source Code Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
a. such Covered Software must also be made available in Source Code Form,
as described in Section 3.1, and You must inform recipients of the
Executable Form how they can obtain a copy of such Source Code Form by
reasonable means in a timely manner, at a charge no more than the cost
of distribution to the recipient; and
b. You may distribute such Executable Form under the terms of this License,
or sublicense it under different terms, provided that the license for
the Executable Form does not attempt to limit or alter the recipients’
rights in the Source Code Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for the
Covered Software. If the Larger Work is a combination of Covered Software
with a work governed by one or more Secondary Licenses, and the Covered
Software is not Incompatible With Secondary Licenses, this License permits
You to additionally distribute such Covered Software under the terms of
such Secondary License(s), so that the recipient of the Larger Work may, at
their option, further distribute the Covered Software under the terms of
either this License or such Secondary License(s).
3.4. Notices
You may not remove or alter the substance of any license notices (including
copyright notices, patent notices, disclaimers of warranty, or limitations
of liability) contained within the Source Code Form of the Covered
Software, except that You may alter any license notices to the extent
required to remedy known factual inaccuracies.
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Covered
Software. However, You may do so only on Your own behalf, and not on behalf
of any Contributor. You must make it absolutely clear that any such
warranty, support, indemnity, or liability obligation is offered by You
alone, and You hereby agree to indemnify every Contributor for any
liability incurred by such Contributor as a result of warranty, support,
indemnity or liability terms You offer. You may include additional
disclaimers of warranty and limitations of liability specific to any
jurisdiction.
4. Inability to Comply Due to Statute or Regulation
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Software due to statute, judicial
order, or regulation then You must: (a) comply with the terms of this License
to the maximum extent possible; and (b) describe the limitations and the code
they affect. Such description must be placed in a text file included with all
distributions of the Covered Software under this License. Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5. Termination
5.1. The rights granted under this License will terminate automatically if You
fail to comply with any of its terms. However, if You become compliant,
then the rights granted under this License from a particular Contributor
are reinstated (a) provisionally, unless and until such Contributor
explicitly and finally terminates Your grants, and (b) on an ongoing basis,
if such Contributor fails to notify You of the non-compliance by some
reasonable means prior to 60 days after You have come back into compliance.
Moreover, Your grants from a particular Contributor are reinstated on an
ongoing basis if such Contributor notifies You of the non-compliance by
some reasonable means, this is the first time You have received notice of
non-compliance with this License from such Contributor, and You become
compliant prior to 30 days after Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions, counter-claims,
and cross-claims) alleging that a Contributor Version directly or
indirectly infringes any patent, then the rights granted to You by any and
all Contributors for the Covered Software under Section 2.1 of this License
shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user
license agreements (excluding distributors and resellers) which have been
validly granted by You or Your distributors under this License prior to
termination shall survive termination.
6. Disclaimer of Warranty
Covered Software is provided under this License on an “as is” basis, without
warranty of any kind, either expressed, implied, or statutory, including,
without limitation, warranties that the Covered Software is free of defects,
merchantable, fit for a particular purpose or non-infringing. The entire
risk as to the quality and performance of the Covered Software is with You.
Should any Covered Software prove defective in any respect, You (not any
Contributor) assume the cost of any necessary servicing, repair, or
correction. This disclaimer of warranty constitutes an essential part of this
License. No use of any Covered Software is authorized under this License
except under this disclaimer.
7. Limitation of Liability
Under no circumstances and under no legal theory, whether tort (including
negligence), contract, or otherwise, shall any Contributor, or anyone who
distributes Covered Software as permitted above, be liable to You for any
direct, indirect, special, incidental, or consequential damages of any
character including, without limitation, damages for lost profits, loss of
goodwill, work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses, even if such party shall have been
informed of the possibility of such damages. This limitation of liability
shall not apply to liability for death or personal injury resulting from such
party’s negligence to the extent applicable law prohibits such limitation.
Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so this exclusion and limitation may not apply to You.
8. Litigation
Any litigation relating to this License may be brought only in the courts of
a jurisdiction where the defendant maintains its principal place of business
and such litigation shall be governed by laws of that jurisdiction, without
reference to its conflict-of-law provisions. Nothing in this Section shall
prevent a party’s ability to bring cross-claims or counter-claims.
9. Miscellaneous
This License represents the complete agreement concerning the subject matter
hereof. If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not be used to construe
this License against a Contributor.
10. Versions of the License
10.1. New Versions
Mozilla Foundation is the license steward. Except as provided in Section
10.3, no one other than the license steward has the right to modify or
publish new versions of this License. Each version will be given a
distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version of
the License under which You originally received the Covered Software, or
under the terms of any subsequent version published by the license
steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to
create a new license for such software, you may create and use a modified
version of this License if you rename the license and remove any
references to the name of the license steward (except to note that such
modified license differs from this License).
10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses
If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the
notice described in Exhibit B of this License must be attached.
Exhibit A - Source Code Form License Notice
This Source Code Form is subject to the
terms of the Mozilla Public License, v.
2.0. If a copy of the MPL was not
distributed with this file, You can
obtain one at
http://mozilla.org/MPL/2.0/.
If it is not possible or desirable to put the notice in a particular file, then
You may include the notice in a location (such as a LICENSE file in a relevant
directory) where a recipient would be likely to look for such a notice.
You may add additional accurate notices of copyright ownership.
Exhibit B - “Incompatible With Secondary Licenses” Notice
This Source Code Form is “Incompatible
With Secondary Licenses”, as defined by
the Mozilla Public License, v. 2.0.
Open Source Software Licensed under the Eclipse Public License, version 1.0 License:
--------------------------------------------------------------------
1. Junit4
Copyright (c) junit4 authors and contributors
Terms of the Eclipse Public License, version 1.0 License:
---------------------------------------------------
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.
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