19th June, 2002
BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION AND/OR OTHER MATERIALS RELATED TO THE EXAMPLE ECLIPSE INSTALLERS (COLLECTIVELY "MATERIALS"), YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS.
REGARDLESS OF HOW YOU ACQUIRE THE MATERIALS (ELECTRONICALLY, PRE-LOADED, ON MEDIA OR OTHERWISE), DOWNLOADING, INSTALLING OR USING THE MATERIALS SHALL INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE MATERIALS.
1.0 MATERIALS SUBJECT TO THE COMMON PUBLIC LICENSE
Except for the Materials listed below under Section 2.0 "Non-CPL Components", IBM is providing the Materials to you under the terms and conditions of the Common Public License version 1.0 ("CPL") which is attached below and which can also be located at http://www.ibm.com/developerworks/oss/CPLv1.0.htm. For the purpose of the CPL, the Materials subject to the CPL shall be considered a Contribution and IBM shall be considered the Contributor.
2.0 NON-CPL COMPONENTS
The following files ("Non-CPL Components") are not provided under the terms and conditions of the CPL:
Note that not all of these files may be present in all copies of the Materials. These files may be contained in the following self-extracting archives:
as well as in the following directories:
The Non-CPL Components are provided under the terms and conditions set forth in Section 3.0 and not those of the CPL. For purposes of the Non-CPL Component License Agreement ("Agreement"), "Program" shall mean the Non-CPL Components listed above. Note that you may use (as set forth below) but you may not redistribute the Non-CPL Components. You may be able to obtain a copy of the Non-CPL Components and appropriate rights for their redistribution, by purchasing a copy of one of the InstallShield products.
3.0 NON-CPL COMPONENTS LICENSE AGREEMENT
(A) GRANT OF LICENSE AND OWNERSHIP FOR NON-CPL COMPONENTS
Subject to the terms and conditions of this Agreement, International Business Machines Corporation ("IBM"), grants You (an individual or an entity) a non-exclusive, non-transferable, royalty free license to internally use the Program for evaluation and testing purposes only.
To the extent IBM provides You with error corrections, upgrades, enhancements, additions, improvements, extension or other modification to the Program ("collectively "Updates"), such Updates shall be subject to the terms and conditions of this Agreement unless IBM's notifies You otherwise. You may not reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code of any component of the Program that is provided in object code, byte code, or executable code form only, except as permitted by law without the possibility of contractual waiver. In addition, unless otherwise expressly specified in this Agreement, you may not reproduce, prepare derivative works of, display, perform, rent, lease, sell, license, sublicense, assign, distribute or otherwise transfer the Program or any components thereof. You may not remove, cover, or alter any of the proprietary notices, labels or marks in or on the Program, its components, or associated media or documentation. You may not export the Program, or components of the Program in contravention of applicable export control laws.
You agree that any information or feedback you may provide to IBM related to the Program or this Agreement is non-confidential and You grant IBM and its suppliers a non-exclusive, worldwide, fully paid up, perpetual and irrevocable license to use this information/feedback in IBM's and its suppliers' business activities without restriction and without payment or accounting to You or any third party. Such right includes the right of IBM to sublicense these rights to others including, without limitation, users of the Program.
No right, title or interest in or to any copyrights, trademarks, patents or other proprietary or intellectual rights relating to the Program is transferred to you. You expressly acknowledge that all intellectual property rights in the Program are owned by IBM or its suppliers and are protected by United States and other applicable copyright laws and international treaty provisions. IBM and its suppliers retain all rights not expressly granted in this Agreement.
B) TERM AND TERMINATION:
You may terminate this Agreement at any time by destroying all of Your copies and partial copies of the Program. IBM may terminate this Agreement immediately if You breach any term or condition of this Agreement. Upon termination of this Agreement, Your license to the Program shall terminate and You must destroy all of Your copies and partial copies of the Program.
C) DISCLAIMER OF WARRANTY AND LIABILITY:
Notwithstanding anything to the contrary in this Agreement, IBM has no obligation to provide maintenance, end-user support, technical support or Updates for the Program.
THE PROGRAM AND ANY SUPPORT IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PROGRAM AND SUPPORT REMAINS WITH YOU. IN NO EVENT WILL IBM OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUE, LOST DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ANY OF IBM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN ADDITION IBM AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.
Some jurisdictions do not allow the exclusion of implied warranties, or the limitation for consequential damages, so the above may not apply to you.
Note to U.S. Government Users - Documentation related to Restricted Rights - Use, duplication, or disclosure is subject to restrictions set forth in GSA ADP Schedule Contract with IBM Corporation.
Although IBM may try to answer technical support questions You may have regarding your use of the Program, any such assistance does not obligate IBM to provide support or maintenance services for the Program.
D) GENERAL:
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to its principles regarding conflicts of law. All terms and conditions, which by their nature should survive the termination or expiration of this Agreement, shall survive. If any provision, in whole or in part, of this Agreement is declared unenforceable at law, the rest of the provision and the Agreement remain in effect. This Agreement is the only understanding and agreement we have with respect to the Program. It supersedes all other communications, understandings or agreements (oral or written) that we may have had with respect to this Program prior to this Agreement. Only a written agreement signed by both of us can modify this Agreement.