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license file added to get release uploaded to Bintray
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‎LICENSE‎

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Common Public License (CPL) -- V1.0
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03 May 2005
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Updated 16 Apr 2009
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As of 25 Feb 2009, IBM has assigned the Agreement Steward role for the
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CPL to the Eclipse Foundation. Eclipse has designated the Eclipse Public
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License (EPL) as the follow-on version of the CPL.
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Eclipse Foundation CPL
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
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PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
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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
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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
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and are distributed by that particular Contributor. A Contribution
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'originates' from a Contributor if it was added to the Program by
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such Contributor itself or anyone acting on such Contributor's
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behalf. Contributions do not include additions to the Program which:
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(i) are separate modules of software distributed in conjunction with
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the Program under their own license agreement, and (ii) are not
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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
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which are necessarily infringed by the use or sale of its
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Contribution alone or when combined with the Program.
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"Program" means the Contributions distributed in accordance with
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this Agreement.
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"Recipient" means anyone who receives the Program under this
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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
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grants Recipient a non-exclusive, worldwide, royalty-free copyright
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license to reproduce, prepare derivative works of, publicly display,
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publicly perform, distribute and sublicense the Contribution of such
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Contributor, if any, and such derivative works, in source code and
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object code form.
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b. Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free patent
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license under Licensed Patents to make, use, sell, offer to sell,
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import and otherwise transfer the Contribution of such Contributor,
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if any, in source code and object code form. This patent license
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shall apply to the combination of the Contribution and the Program
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if, at the time the Contribution is added by the Contributor, such
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addition of the Contribution causes such combination to be covered
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by the Licensed Patents. The patent license shall not apply to any
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other combinations which include the Contribution. No hardware per
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se is licensed hereunder.
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c. Recipient understands that although each Contributor grants the
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licenses to its Contributions set forth herein, no assurances are
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provided by any Contributor that the Program does not infringe the
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patent or other intellectual property rights of any other entity.
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Each Contributor disclaims any liability to Recipient for claims
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brought by any other entity based on infringement of intellectual
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property rights or otherwise. As a condition to exercising the
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rights and licenses granted hereunder, each Recipient hereby assumes
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sole responsibility to secure any other intellectual property rights
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needed, if any. For example, if a third party patent license is
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required to allow Recipient to distribute the Program, it is
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Recipient's responsibility to acquire that license before
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distributing the Program.
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d. Each Contributor represents that to its knowledge it has
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sufficient copyright rights in its Contribution, if any, to grant
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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
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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
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warranties and conditions, express and implied, including warranties
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or conditions of title and non-infringement, and implied warranties
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or conditions of merchantability and fitness for a particular purpose;
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ii. effectively excludes on behalf of all Contributors all liability
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for damages, including direct, indirect, special, incidental and
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consequential damages, such as lost profits;
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iii. states that any provisions which differ from this Agreement are
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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
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Contributor, and informs licensees how to obtain it in a reasonable
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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
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Program.
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Contributors may not remove or alter any copyright notices contained
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within the Program.
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Each Contributor must identify itself as the originator of its
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Contribution, if any, in a manner that reasonably allows subsequent
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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
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responsibilities with respect to end users, business partners and
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the like. While this license is intended to facilitate the
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commercial use of the Program, the Contributor who includes the
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Program in a commercial product offering should do so in a manner
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which does not create potential liability for other Contributors.
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Therefore, if a Contributor includes the Program in a commercial
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product offering, such Contributor ("Commercial Contributor") hereby
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agrees to defend and indemnify every other Contributor ("Indemnified
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Contributor") against any losses, damages and costs (collectively
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"Losses") arising from claims, lawsuits and other legal actions
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brought by a third party against the Indemnified Contributor to the
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extent caused by the acts or omissions of such Commercial
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Contributor in connection with its distribution of the Program in a
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commercial product offering. The obligations in this section do not
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apply to any claims or Losses relating to any actual or alleged
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intellectual property infringement. In order to qualify, an
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Indemnified Contributor must: a) promptly notify the Commercial
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Contributor in writing of such claim, and b) allow the Commercial
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Contributor to control, and cooperate with the Commercial
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Contributor in, the defense and any related settlement negotiations.
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The Indemnified Contributor may participate in any such claim at its
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own expense.
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For example, a Contributor might include the Program in a commercial
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product offering, Product X. That Contributor is then a Commercial
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Contributor. If that Commercial Contributor then makes performance
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claims, or offers warranties related to Product X, those performance
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claims and warranties are such Commercial Contributor's
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responsibility alone. Under this section, the Commercial Contributor
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would have to defend claims against the other Contributors related
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to those performance claims and warranties, and if a court requires
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any other Contributor to pay any damages as a result, the Commercial
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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
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PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
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ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
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ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
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MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient
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is solely responsible for determining the appropriateness of using
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and distributing the Program and assumes all risks associated with
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its exercise of rights under this Agreement, including but not
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limited to the risks and costs of program errors, compliance with
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applicable laws, damage to or loss of data, programs or equipment,
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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
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NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
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INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
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(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
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ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
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TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
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THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
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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
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applicable law, it shall not affect the validity or enforceability
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of the remainder of the terms of this Agreement, and without further
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action by the parties hereto, such provision shall be reformed to
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the minimum extent necessary to make such provision valid and
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enforceable.
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If Recipient institutes patent litigation against a Contributor with
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respect to a patent applicable to software (including a cross-claim
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or counterclaim in a lawsuit), then any patent licenses granted by
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that Contributor to such Recipient under this Agreement shall
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terminate as of the date such litigation is filed. In addition, if
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Recipient institutes patent litigation against any entity (including
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a cross-claim or counterclaim in a lawsuit) alleging that the
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Program itself (excluding combinations of the Program with other
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software or hardware) infringes such Recipient's patent(s), then
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such Recipient's rights granted under Section 2(b) shall terminate
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as of the date such litigation is filed.
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All Recipient's rights under this Agreement shall terminate if it
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fails to comply with any of the material terms or conditions of this
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Agreement and does not cure such failure in a reasonable period of
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time after becoming aware of such noncompliance. If all Recipient's
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rights under this Agreement terminate, Recipient agrees to cease use
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and distribution of the Program as soon as reasonably practicable.
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However, Recipient's obligations under this Agreement and any
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licenses granted by Recipient relating to the Program shall continue
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and survive.
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Everyone is permitted to copy and distribute copies of this
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Agreement, but in order to avoid inconsistency the Agreement is
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copyrighted and may only be modified in the following manner. The
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Agreement Steward reserves the right to publish new versions
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(including revisions) of this Agreement from time to time. No one
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other than the Agreement Steward has the right to modify this
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Agreement. IBM is the initial Agreement Steward. IBM may assign the
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responsibility to serve as the Agreement Steward to a suitable
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separate entity. Each new version of the Agreement will be given a
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distinguishing version number. The Program (including Contributions)
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may always be distributed subject to the version of the Agreement
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under which it was received. In addition, after a new version of the
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Agreement is published, Contributor may elect to distribute the
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Program (including its Contributions) under the new version. Except
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as expressly stated in Sections 2(a) and 2(b) above, Recipient
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receives no rights or licenses to the intellectual property of any
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Contributor under this Agreement, whether expressly, by implication,
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estoppel or otherwise. All rights in the Program not expressly
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granted under this Agreement are reserved.
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This Agreement is governed by the laws of the State of New York and
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the intellectual property laws of the United States of America. No
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party to this Agreement will bring a legal action under this
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Agreement more than one year after the cause of action arose. Each
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party waives its rights to a jury trial in any resulting litigation.

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