1 ============================================================ 2 Notices for file(s): 3 swtmenubar.jar 4 ------------------------------------------------------------ 5 *Eclipse Public License - v 1.0* 6 7 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE 8 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF 9 THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 10 11 *1. DEFINITIONS* 12 13 "Contribution" means: 14 15 a) in the case of the initial Contributor, the initial code and 16 documentation distributed under this Agreement, and 17 b) in the case of each subsequent Contributor: 18 19 i) changes to the Program, and 20 21 ii) additions to the Program; 22 23 where such changes and/or additions to the Program originate from and 24 are distributed by that particular Contributor. A Contribution 25 'originates' from a Contributor if it was added to the Program by such 26 Contributor itself or anyone acting on such Contributor's behalf. 27 Contributions do not include additions to the Program which: (i) are 28 separate modules of software distributed in conjunction with the Program 29 under their own license agreement, and (ii) are not derivative works of 30 the Program. 31 32 "Contributor" means any person or entity that distributes the Program. 33 34 "Licensed Patents " mean patent claims licensable by a Contributor which 35 are necessarily infringed by the use or sale of its Contribution alone 36 or when combined with the Program. 37 38 "Program" means the Contributions distributed in accordance with this 39 Agreement. 40 41 "Recipient" means anyone who receives the Program under this Agreement, 42 including all Contributors. 43 44 *2. GRANT OF RIGHTS* 45 46 a) Subject to the terms of this Agreement, each Contributor hereby 47 grants Recipient a non-exclusive, worldwide, royalty-free copyright 48 license to reproduce, prepare derivative works of, publicly display, 49 publicly perform, distribute and sublicense the Contribution of such 50 Contributor, if any, and such derivative works, in source code and 51 object code form. 52 53 b) Subject to the terms of this Agreement, each Contributor hereby 54 grants Recipient a non-exclusive, worldwide, royalty-free patent license 55 under Licensed Patents to make, use, sell, offer to sell, import and 56 otherwise transfer the Contribution of such Contributor, if any, in 57 source code and object code form. This patent license shall apply to the 58 combination of the Contribution and the Program if, at the time the 59 Contribution is added by the Contributor, such addition of the 60 Contribution causes such combination to be covered by the Licensed 61 Patents. The patent license shall not apply to any other combinations 62 which include the Contribution. No hardware per se is licensed hereunder. 63 64 c) Recipient understands that although each Contributor grants the 65 licenses to its Contributions set forth herein, no assurances are 66 provided by any Contributor that the Program does not infringe the 67 patent or other intellectual property rights of any other entity. Each 68 Contributor disclaims any liability to Recipient for claims brought by 69 any other entity based on infringement of intellectual property rights 70 or otherwise. As a condition to exercising the rights and licenses 71 granted hereunder, each Recipient hereby assumes sole responsibility to 72 secure any other intellectual property rights needed, if any. For 73 example, if a third party patent license is required to allow Recipient 74 to distribute the Program, it is Recipient's responsibility to acquire 75 that license before distributing the Program. 76 77 d) Each Contributor represents that to its knowledge it has sufficient 78 copyright rights in its Contribution, if any, to grant the copyright 79 license set forth in this Agreement. 80 81 *3. REQUIREMENTS* 82 83 A Contributor may choose to distribute the Program in object code form 84 under its own license agreement, provided that: 85 86 a) it complies with the terms and conditions of this Agreement; and 87 88 b) its license agreement: 89 90 i) effectively disclaims on behalf of all Contributors all warranties 91 and conditions, express and implied, including warranties or conditions 92 of title and non-infringement, and implied warranties or conditions of 93 merchantability and fitness for a particular purpose; 94 95 ii) effectively excludes on behalf of all Contributors all liability for 96 damages, including direct, indirect, special, incidental and 97 consequential damages, such as lost profits; 98 99 iii) states that any provisions which differ from this Agreement are 100 offered by that Contributor alone and not by any other party; and 101 102 iv) states that source code for the Program is available from such 103 Contributor, and informs licensees how to obtain it in a reasonable 104 manner on or through a medium customarily used for software exchange. 105 106 When the Program is made available in source code form: 107 108 a) it must be made available under this Agreement; and 109 110 b) a copy of this Agreement must be included with each copy of the Program. 111 112 Contributors may not remove or alter any copyright notices contained 113 within the Program. 114 115 Each Contributor must identify itself as the originator of its 116 Contribution, if any, in a manner that reasonably allows subsequent 117 Recipients to identify the originator of the Contribution. 118 119 *4. COMMERCIAL DISTRIBUTION* 120 121 Commercial distributors of software may accept certain responsibilities 122 with respect to end users, business partners and the like. While this 123 license is intended to facilitate the commercial use of the Program, the 124 Contributor who includes the Program in a commercial product offering 125 should do so in a manner which does not create potential liability for 126 other Contributors. Therefore, if a Contributor includes the Program in 127 a commercial product offering, such Contributor ("Commercial 128 Contributor") hereby agrees to defend and indemnify every other 129 Contributor ("Indemnified Contributor") against any losses, damages and 130 costs (collectively "Losses") arising from claims, lawsuits and other 131 legal actions brought by a third party against the Indemnified 132 Contributor to the extent caused by the acts or omissions of such 133 Commercial Contributor in connection with its distribution of the 134 Program in a commercial product offering. The obligations in this 135 section do not apply to any claims or Losses relating to any actual or 136 alleged intellectual property infringement. In order to qualify, an 137 Indemnified Contributor must: a) promptly notify the Commercial 138 Contributor in writing of such claim, and b) allow the Commercial 139 Contributor to control, and cooperate with the Commercial Contributor 140 in, the defense and any related settlement negotiations. The Indemnified 141 Contributor may participate in any such claim at its own expense. 142 143 For example, a Contributor might include the Program in a commercial 144 product offering, Product X. That Contributor is then a Commercial 145 Contributor. If that Commercial Contributor then makes performance 146 claims, or offers warranties related to Product X, those performance 147 claims and warranties are such Commercial Contributor's responsibility 148 alone. Under this section, the Commercial Contributor would have to 149 defend claims against the other Contributors related to those 150 performance claims and warranties, and if a court requires any other 151 Contributor to pay any damages as a result, the Commercial Contributor 152 must pay those damages. 153 154 *5. NO WARRANTY* 155 156 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 157 ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, 158 EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES 159 OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR 160 A PARTICULAR PURPOSE. Each Recipient is solely responsible for 161 determining the appropriateness of using and distributing the Program 162 and assumes all risks associated with its exercise of rights under this 163 Agreement , including but not limited to the risks and costs of program 164 errors, compliance with applicable laws, damage to or loss of data, 165 programs or equipment, and unavailability or interruption of operations. 166 167 *6. DISCLAIMER OF LIABILITY* 168 169 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 170 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 171 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 172 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 173 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 174 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 175 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 176 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 177 178 *7. GENERAL* 179 180 If any provision of this Agreement is invalid or unenforceable under 181 applicable law, it shall not affect the validity or enforceability of 182 the remainder of the terms of this Agreement, and without further action 183 by the parties hereto, such provision shall be reformed to the minimum 184 extent necessary to make such provision valid and enforceable. 185 186 If Recipient institutes patent litigation against any entity (including 187 a cross-claim or counterclaim in a lawsuit) alleging that the Program 188 itself (excluding combinations of the Program with other software or 189 hardware) infringes such Recipient's patent(s), then such Recipient's 190 rights granted under Section 2(b) shall terminate as of the date such 191 litigation is filed. 192 193 All Recipient's rights under this Agreement shall terminate if it fails 194 to comply with any of the material terms or conditions of this Agreement 195 and does not cure such failure in a reasonable period of time after 196 becoming aware of such noncompliance. If all Recipient's rights under 197 this Agreement terminate, Recipient agrees to cease use and distribution 198 of the Program as soon as reasonably practicable. However, Recipient's 199 obligations under this Agreement and any licenses granted by Recipient 200 relating to the Program shall continue and survive. 201 202 Everyone is permitted to copy and distribute copies of this Agreement, 203 but in order to avoid inconsistency the Agreement is copyrighted and may 204 only be modified in the following manner. The Agreement Steward reserves 205 the right to publish new versions (including revisions) of this 206 Agreement from time to time. No one other than the Agreement Steward has 207 the right to modify this Agreement. The Eclipse Foundation is the 208 initial Agreement Steward. The Eclipse Foundation may assign the 209 responsibility to serve as the Agreement Steward to a suitable separate 210 entity. Each new version of the Agreement will be given a distinguishing 211 version number. The Program (including Contributions) may always be 212 distributed subject to the version of the Agreement under which it was 213 received. In addition, after a new version of the Agreement is 214 published, Contributor may elect to distribute the Program (including 215 its Contributions) under the new version. Except as expressly stated in 216 Sections 2(a) and 2(b) above, Recipient receives no rights or licenses 217 to the intellectual property of any Contributor under this Agreement, 218 whether expressly, by implication, estoppel or otherwise. All rights in 219 the Program not expressly granted under this Agreement are reserved. 220 221 This Agreement is governed by the laws of the State of New York and the 222 intellectual property laws of the United States of America. No party to 223 this Agreement will bring a legal action under this Agreement more than 224 one year after the cause of action arose. Each party waives its rights 225 to a jury trial in any resulting litigation. 226 227 228
