Audible Android Application Legal Notices and Attributions
The Audible Android Application includes (i) kSOAP2 2.1.2, Copyright (c) 2006, James Seigel, Calgary, AB., Canada and Copyright (c) 2003,2004, Stefan Haustein, Oberhausen, Rhld., Germany, and includes kxml2 code and kobjects code, Copyright (c) 2002,2003, Stefan Haustein, Oberhausen, Rhld., Germany, (ii) AppRate, (iv) SLF4J, Copyright (c) 2004-2013 QOS.ch, and (v) OpenMax IL API Headers, Copyright (c) 2005 The Khronos Group, each of which is licensed under the MIT license, which states as follows:
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.
The Audible Android Application includes flip3d, Copyright (c) 2011, Polidea, which is licensed under the BSD license, which states as follows:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The Audible Android Application includes some assets, such as icons, that were created with the Android Asset Studio, which are licensed under the Creative Commons Attribution 3.0 Unported License, which states as follows:
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
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f. The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.
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Creative Commons may be contacted at http://creativecommons.org/.
The Audible Android Application includes portable snprintf, Copyright (c) 1999, Mark Martinec, all rights reserved, which is licensed under the Frontier Artistic License Version 1.0, which states as follows:
The Frontier Artistic License
The Frontier Artistic License Version 1.0
Copyright © 1999 by Samuel Reynolds.
Derived from the Artistic License at OpenSource.org.
Submitted to OpenSource.org for Open Source Initiative certification.
Preamble
The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications.
Definitions
• "Package" refers to the script, suite, file, or collection of scripts, suites, and/or files distributed by the Copyright Holder, and to derivatives of that Package created through textual modification.
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• "Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it.
Terms
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6. The scripts and library files supplied as input to or produced as output from the programs of this Package do not automatically fall under the copyright of this Package, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this Package.
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The Audible Android Application includes (i) OpenCORE Media Framework (Notice File attached as Attachment A to this Legal Notice and Attribution), Copyright (c) 2009 PacketVideo, (ii) the Facebook SDK for Android, Copyright 2012-2013 Facebook, Inc., (iii) the Android Open Source Project, Copyright (C) 2011 the Android Open Source Project, (iv) ActionBarSherlock, Copyright 2012 Jake Wharton, (v) Launchalot, Copyright (c) 2008-2010 CommonsWare, LLC, (vi) Apache Commons Codec, Copyright (c) 2002-2009, the Apache Software Foundation, (vii) 3GPP AMR Speech Codec (3GPP TS 26.073), Copyright (c) 2004, 3GPP Organizational Partners (ARIB, ATIS, CCSA, ETSI, TTA, TTC), (viii) 3GPP AMR-WB Speech Codec (3GPP TS 26.173), Copyright (c) 2007, 3GPP Organizational Partners (ARIB, ATIS, CCSA, ETSI, TTA, TTC), (ix) ChipsLibrary, Copyright (c) 2014 The Android Open Source Project, (x) the OpenMax implementation (Notice File attached as Attachment A to this Legal Notice and Attribution), Copyright 2007, The Android Open Source Project, Copyright (C) 2008 PacketVideo, Copyright (C) 2008, Google Inc., Copyright 2008, HTC Inc., Copyright (c) 2010, Code Aurora Forum. All rights reserved, (xi) PageSlidingTabStrip, Copyright (c) 2013 Andreas Stuetz, (xii) Otto, Copyright (c) 2013 Square, Inc., (xii) Picasso, Copyright 2013 Square, Inc., (xiii) LeakCanary, Copyright 2015 Square, Inc., and (xiv) Sonic, Copyright 2010-2011, Bill Cox.
each of which is licensed under the Apache Software License Version 2.0, which states as follows:
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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END OF TERMS AND CONDITIONS
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Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
Attachment A
NOTICE FILE FOR OPENCORE MEDIA FRAMEWORK
/* ------------------------------------------------------------------
* Copyright (C) 2009 PacketVideo
*
* Licensed under the Apache License, Version 2.0 (the "License");
* you may not use this file except in compliance with the License.
* You may obtain a copy of the License at
*
* http://www.apache.org/licenses/LICENSE-2.0
*
* Unless required by applicable law or agreed to in writing, software
* distributed under the License is distributed on an "AS IS" BASIS,
* WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either
* express or implied.
* See the License for the specific language governing permissions
* and limitations under the License.
* -------------------------------------------------------------------
*/
Portions of the PacketVideo supplied code contain contributions which may be
covered by the following copyright statements:
/* ------------------------------------------------------------------- *
* MPEG-4 Simple Profile Video Decoder
* ------------------------------------------------------------------- *
*
* This software module was originally developed and/or edited by
*
* Paulo Nunes (IST / ACTS-MoMuSyS)
* Robert Danielsen (Telenor / ACTS-MoMuSyS)
* Luis Ducla-Soares (IST / ACTS-MoMuSys).
* Cor Quist (KPN / ACTS-MoMuSys).
* Minhua Zhou (HHI / ACTS-MoMuSys).
*
* in the course of development of the MPEG-4 Video (ISO/IEC 14496-2) standard.
* This software module is an implementation of a part of one or more MPEG-4
* Video (ISO/IEC 14496-2) tools as specified by the MPEG-4 Video (ISO/IEC
* 14496-2) standard.
*
* ISO/IEC gives users of the MPEG-4 Video (ISO/IEC 14496-2) standard free
* license to this software module or modifications thereof for use in hardware
* or software products claiming conformance to the MPEG-4 Video (ISO/IEC
* 14496-2) standard.
*
* Those intending to use this software module in hardware or software products
* are advised that its use may infringe existing patents. The original
* developer of this software module and his/her company, the subsequent
* editors and their companies, and ISO/IEC have no liability for use of this
* software module or modifications thereof in an implementation. Copyright is
* not released for non MPEG-4 Video (ISO/IEC 14496-2) Standard conforming
* products.
*
* ACTS-MoMuSys partners retain full right to use the code for his/her own
* purpose, assign or donate the code to a third party and to inhibit third
* parties from using the code for non MPEG-4 Video (ISO/IEC 14496-2) Standard
* conforming products. This copyright notice must be included in all copies or
* derivative works.
*
* Copyright (c) 1996, 1997
*
*****************************************************************************/
/****************************************************************************
SC 29 Software Copyright Licensing Disclaimer:
This software module was originally developed by
Coding Technologies
and edited by
-
in the course of development of the ISO/IEC 13818-7 and ISO/IEC 14496-3
standards for reference purposes and its performance may not have been
optimized. This software module is an implementation of one or more tools as
specified by the ISO/IEC 13818-7 and ISO/IEC 14496-3 standards.
ISO/IEC gives users free license to this software module or modifications
thereof for use in products claiming conformance to audiovisual and
image-coding related ITU Recommendations and/or ISO/IEC International
Standards. ISO/IEC gives users the same free license to this software module or
modifications thereof for research purposes and further ISO/IEC standardisation.
Those intending to use this software module in products are advised that its
use may infringe existing patents. ISO/IEC have no liability for use of this
software module or modifications thereof. Copyright is not released for
products that do not conform to audiovisual and image-coding related ITU
Recommendations and/or ISO/IEC International Standards.
The original developer retains full right to modify and use the code for its
own purpose, assign or donate the code to a third party and to inhibit third
parties from using the code for products that do not conform to audiovisual and
image-coding related ITU Recommendations and/or ISO/IEC International Standards.
This copyright notice must be included in all copies or derivative works.
Copyright (c) ISO/IEC 2003.
*******************************************************************************/
/**************************************************************************
This software module was originally developed by
Mikko Suonio (Nokia)
in the course of development of the MPEG-2 NBC/MPEG-4 Audio standard
ISO/IEC 13818-7, 14496-1,2 and 3. This software module is an
implementation of a part of one or more MPEG-2 NBC/MPEG-4 Audio tools
as specified by the MPEG-2 NBC/MPEG-4 Audio standard. ISO/IEC gives
users of the MPEG-2 NBC/MPEG-4 Audio standards free license to this
software module or modifications thereof for use in hardware or
software products claiming conformance to the MPEG-2 NBC/ MPEG-4 Audio
standards. Those intending to use this software module in hardware or
software products are advised that this use may infringe existing
patents. The original developer of this software module and his/her
company, the subsequent editors and their companies, and ISO/IEC have
no liability for use of this software module or modifications thereof
in an implementation. Copyright is not released for non MPEG-2
NBC/MPEG-4 Audio conforming products. The original developer retains
full right to use the code for his/her own purpose, assign or donate
the code to a third party and to inhibit third party from using the
code for non MPEG-2 NBC/MPEG-4 Audio conforming products. This
copyright notice must be included in all copies or derivative works.
Copyright (c) 1997.
***************************************************************************/
/**************************************************************************
This software module was originally developed by
Nokia in the course of development of the MPEG-2 AAC/MPEG-4
Audio standard ISO/IEC13818-7, 14496-1, 2 and 3.
This software module is an implementation of a part
of one or more MPEG-2 AAC/MPEG-4 Audio tools as specified by the
MPEG-2 aac/MPEG-4 Audio standard. ISO/IEC gives users of the
MPEG-2aac/MPEG-4 Audio standards free license to this software module
or modifications thereof for use in hardware or software products
claiming conformance to the MPEG-2 aac/MPEG-4 Audio standards. Those
intending to use this software module in hardware or software products
are advised that this use may infringe existing patents. The original
developer of this software module, the subsequent
editors and their companies, and ISO/IEC have no liability for use of
this software module or modifications thereof in an
implementation. Copyright is not released for non MPEG-2 aac/MPEG-4
Audio conforming products. The original developer retains full right to
use the code for the developer's own purpose, assign or donate the code to a
third party and to inhibit third party from using the code for non
MPEG-2 aac/MPEG-4 Audio conforming products. This copyright notice
must be included in all copies or derivative works.
Copyright (c)1997.
***************************************************************************/
------------------------------------------------------------------------------
MPEG-2 NBC Audio Decoder
"This software module was originally developed by AT&T, Dolby
Laboratories, Fraunhofer Gesellschaft IIS in the course of development
of the MPEG-2 NBC/MPEG-4 Audio standard ISO/IEC 13818-7, 14496-1,2 and
3. This software module is an implementation of a part of one or more
MPEG-2 NBC/MPEG-4 Audio tools as specified by the MPEG-2 NBC/MPEG-4
Audio standard. ISO/IEC gives users of the MPEG-2 NBC/MPEG-4 Audio
standards free license to this software module or modifications thereof
for use in hardware or software products claiming conformance to the
MPEG-2 NBC/MPEG-4 Audio standards. Those intending to use this software
module in hardware or software products are advised that this use may
infringe existing patents. The original developer of this software
module and his/her company, the subsequent editors and their companies,
and ISO/IEC have no liability for use of this software module or
modifications thereof in an implementation. Copyright is not released
for non MPEG-2 NBC/MPEG-4 Audio conforming products.The original
developer retains full right to use the code for his/her own purpose,
assign or donate the code to a third party and to inhibit third party
from using the code for non MPEG-2 NBC/MPEG-4 Audio conforming products.
This copyright notice must be included in all copies or derivative
works."
Copyright(c)1996.
------------------------------------------------------------------------------
/*
* snprintf.c - a portable implementation of snprintf
*
* AUTHOR
* Mark Martinec
, April 1999.
*
* Copyright 1999, Mark Martinec. All rights reserved.
*
* TERMS AND CONDITIONS
* This program is free software; you can redistribute it and/or modify
* it under the terms of the "Frontier Artistic License" which comes
* with this Kit.
*
* This program is distributed in the hope that it will be useful,
* but WITHOUT ANY WARRANTY; without even the implied warranty
* of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
* See the Frontier Artistic License for more details.
*
*
*/
The "Frontier Artistic License" may be found at
http://www.spinwardstars.com/frontier/fal.html
/*---------------------------------------------------------------------------*/
/*
* Copyright (c) 2005 The Khronos Group Inc.
*
* 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.
*
*/
/*---------------------------------------------------------------------------*/
/**@@@+++@@@@******************************************************************
**
** Microsoft Windows Media
** Copyright (C) Microsoft Corporation. All rights reserved.
**
***@@@---@@@@******************************************************************
*/
-------------------------------------------------------------------------------
Portions of this file are derived from the following 3GPP standard:
3GPP TS 26.073
ANSI-C code for the Adaptive Multi-Rate (AMR) speech codec
Available from http://www.3gpp.org
(C) 2004, 3GPP Organizational Partners (ARIB, ATIS, CCSA, ETSI, TTA, TTC)
Permission to distribute, modify and use this file under the standard license
terms listed above has been obtained from the copyright holder.
-------------------------------------------------------------------------------
-------------------------------------------------------------------------------
Portions of this file are derived from the following 3GPP standard:
3GPP TS 26.173
ANSI-C code for the Adaptive Multi-Rate - Wideband (AMR-WB) speech codec
Available from http://www.3gpp.org
(C) 2007, 3GPP Organizational Partners (ARIB, ATIS, CCSA, ETSI, TTA, TTC)
Permission to distribute, modify and use this file under the standard license
terms listed above has been obtained from the copyright holder---------------------
NOTICE FILE FOR OPENMAX COMPONENT (PACKETVIDEO)
// ----------------------------------------------------------------------
//
// This Software is an original work of authorship of PacketVideo Corporation.
// Portions of the Software were developed in collaboration with NTT DoCoMo,
// Inc. or were derived from the public domain or materials licensed from
// third parties. Title and ownership, including all intellectual property
// rights in and to the Software shall remain with PacketVideo Corporation
// and NTT DoCoMo, Inc.
//
// -----------------------------------------------------------------------
The Audible Android Application includes LogbackAndroid, Copyright (C) 1999-2014, QOS.ch, which is subject to the Eclipse Public License, Version 1.0, which states as follows:
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.
---------------------------------