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============================ Aktualisierung (License & Readme) Handbuch DE ToDo ---- Handbücher FR & EN
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SIARDexcerpt/src/main/resources_notJar/license/other_License/EPL-1.0.txt
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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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