Manual Motorola DCX3510-M (page 46 of 59) (English)

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Appendix A B

DCX with OCAP Software DCX3510-M • User Guide 37

365-095-17068-x.1

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.

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.

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

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.

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.

NO WARRANTY

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Motorola DCX3510-M Manual

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