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diff --git a/winery/LICENSE-EPL.txt b/winery/LICENSE-EPL.txt new file mode 100644 index 0000000..5d80026 --- /dev/null +++ b/winery/LICENSE-EPL.txt @@ -0,0 +1,227 @@ +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. |