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License agreement
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Version 6.1, October 2009
This software distribution, including the "Restlet API" and the "Noelios
Restlet Engine", is provided to you under either the LGPL license version
3.0 or the LGPL license version 2.1 or the CDDL license version 1.0 or the
EPL license version 1.0.
In addition, we want to expressly mention that Noelios Technologies, the only
copyright holder of the whole source code, has no intention to release future
versions of the Restlet open source project under more restrictive licences
(such as GPL). If we change the license again in the future, it could only be
for a less restrictive license (such as Apache Public License). Otherwise,
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Those libraries are provided to you for convenience purpose but remain under
their respective license which are reproduced in the "lib/*/license.txt" files.
For special licensing requests, please contact:
Noelios Technologies
5 rue Salomon de Rothschild
92156 Suresnes Cedex
FRANCE
http://www.restlet.org/about/legal
mailto:legal@noelios.com
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1.12. "Source Code" means (a) the common form of computer
software code in which modifications are made and (b)
associated documentation included in or with such code.
1.13. "You" (or "Your") means an individual or a legal
entity exercising rights under, and complying with all of
the terms of, this License. For legal entities, "You"
includes any entity which controls, is controlled by, or is
under common control with You. For purposes of this
definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership
of more than fifty percent (50%) of the outstanding shares
or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, the
Initial Developer hereby grants You a world-wide,
royalty-free, non-exclusive license:
(a) under intellectual property rights (other than
patent or trademark) Licensable by Initial Developer,
to use, reproduce, modify, display, perform,
sublicense and distribute the Original Software (or
portions thereof), with or without Modifications,
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making,
using or selling of Original Software, to make, have
made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Software (or
portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b)
are effective on the date Initial Developer first
distributes or otherwise makes the Original Software
available to a third party under the terms of this
License.
(d) Notwithstanding Section 2.1(b) above, no patent
license is granted: (1) for code that You delete from
the Original Software, or (2) for infringements
caused by: (i) the modification of the Original
Software, or (ii) the combination of the Original
Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property rights (other than
patent or trademark) Licensable by Contributor to
use, reproduce, modify, display, perform, sublicense
and distribute the Modifications created by such
Contributor (or portions thereof), either on an
unmodified basis, with other Modifications, as
Covered Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making,
using, or selling of Modifications made by that
Contributor either alone and/or in combination with
its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale,
have made, and/or otherwise dispose of: (1)
Modifications made by that Contributor (or portions
thereof); and (2) the combination of Modifications
made by that Contributor with its Contributor Version
(or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and
2.2(b) are effective on the date Contributor first
distributes or otherwise makes the Modifications
available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent
license is granted: (1) for any code that Contributor
has deleted from the Contributor Version; (2) for
infringements caused by: (i) third party
modifications of Contributor Version, or (ii) the
combination of Modifications made by that Contributor
with other software (except as part of the
Contributor Version) or other devices; or (3) under
Patent Claims infringed by Covered Software in the
absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in
Source Code form and that Source Code form must be
distributed only under the terms of this License. You must
include a copy of this License with every copy of the
Source Code form of the Covered Software You distribute or
otherwise make available. You must inform recipients of any
such Covered Software in Executable form as to how they can
obtain such Covered Software in Source Code form in a
reasonable manner on or through a medium customarily used
for software exchange.
3.2. Modifications.
The Modifications that You create or to which You
contribute are governed by the terms of this License. You
represent that You believe Your Modifications are Your
original creation(s) and/or You have sufficient rights to
grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications
that identifies You as the Contributor of the Modification.
You may not remove or alter any copyright, patent or
trademark notices contained within the Covered Software, or
any notices of licensing or any descriptive text giving
attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered
Software in Source Code form that alters or restricts the
applicable version of this License or the recipients?
rights hereunder. You may choose to offer, and to charge a
fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Software.
However, you may do so only on Your own behalf, and not on
behalf of the Initial Developer or any Contributor. You
must make it absolutely clear that any such warranty,
support, indemnity or liability obligation is offered by
You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred
by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered
Software under the terms of this License or under the terms
of a license of Your choice, which may contain terms
different from this License, provided that You are in
compliance with the terms of this License and that the
license for the Executable form does not attempt to limit
or alter the recipient?s rights in the Source Code form
from the rights set forth in this License. If You
distribute the Covered Software in Executable form under a
different license, You must make it absolutely clear that
any terms which differ from this License are offered by You
alone, not by the Initial Developer or Contributor. You
hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of any such terms
You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software
with other code not governed by the terms of this License
and distribute the Larger Work as a single product. In such
a case, You must make sure the requirements of this License
are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and
may publish revised and/or new versions of this License
from time to time. Each version will be given a
distinguishing version number. Except as provided in
Section 4.3, no one other than the license steward has the
right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise
make the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. If the Initial Developer includes a
notice in the Original Software prohibiting it from being
distributed or otherwise made available under any
subsequent version of the License, You must distribute and
make the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. Otherwise, You may also choose to
use, distribute or otherwise make the Covered Software
available under the terms of any subsequent version of the
License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a
new license for Your Original Software, You may create and
use a modified version of this License if You: (a) rename
the license and remove any references to the name of the
license steward (except to note that the license differs
from this License); and (b) otherwise make it clear that
the license contains terms which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms
herein and fail to cure such breach within 30 days of
becoming aware of the breach. Provisions which, by their
nature, must remain in effect beyond the termination of
this License shall survive.
6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or
a Contributor (the Initial Developer or Contributor against
whom You assert such claim is referred to as "Participant")
alleging that the Participant Software (meaning the
Contributor Version where the Participant is a Contributor
or the Original Software where the Participant is the
Initial Developer) directly or indirectly infringes any
patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial
Developer (if the Initial Developer is not the Participant)
and all Contributors under Sections 2.1 and/or 2.2 of this
License shall, upon 60 days notice from Participant
terminate prospectively and automatically at the expiration
of such 60 day notice period, unless if within such 60 day
period You withdraw Your claim with respect to the
Participant Software against such Participant either
unilaterally or pursuant to a written agreement with
Participant.
6.3. In the event of termination under Sections 6.1 or 6.2
above, all end user licenses that have been validly granted
by You or any distributor hereunder prior to termination
(excluding licenses granted to You by any distributor)
shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY?S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer software" (as that term is defined at 48 C.F.R. ?
252.227-7014(a)(1)) and "commercial computer software
documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users
acquire Covered Software with only those rights set forth herein.
This U.S. Government Rights clause is in lieu of, and supersedes,
any other FAR, DFAR, or other clause or provision that addresses
Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This License shall be
governed by the law of the jurisdiction specified in a notice
contained within the Original Software (except to the extent
applicable law, if any, provides otherwise), excluding such
jurisdiction?s conflict-of-law provisions. Any litigation
relating to this License shall be subject to the jurisdiction of
the courts located in the jurisdiction and venue specified in a
notice contained within the Original Software, with the losing
party responsible for costs, including, without limitation, court
costs and reasonable attorneys? fees and expenses. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall
be construed against the drafter shall not apply to this License.
You agree that You alone are responsible for compliance with the
United States export administration regulations (and the export
control laws and regulation of any other countries) when You use,
distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License
and You agree to work with Initial Developer and Contributors to
distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission
of liability.
_______________________________________________________________________
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.