Simple web-based program to aid in creating RPG characters
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  6. <title>Eclipse Public License - Version 1.0</title>
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  26. <p align=center><b>Eclipse Public License - v 1.0</b></p>
  27. <p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
  28. PUBLIC LICENSE (&quot;AGREEMENT&quot;). ANY USE, REPRODUCTION OR
  29. DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
  30. AGREEMENT.</p>
  31. <p><b>1. DEFINITIONS</b></p>
  32. <p>&quot;Contribution&quot; means:</p>
  33. <p class="list">a) in the case of the initial Contributor, the initial
  34. code and documentation distributed under this Agreement, and</p>
  35. <p class="list">b) in the case of each subsequent Contributor:</p>
  36. <p class="list">i) changes to the Program, and</p>
  37. <p class="list">ii) additions to the Program;</p>
  38. <p class="list">where such changes and/or additions to the Program
  39. originate from and are distributed by that particular Contributor. A
  40. Contribution 'originates' from a Contributor if it was added to the
  41. Program by such Contributor itself or anyone acting on such
  42. Contributor's behalf. Contributions do not include additions to the
  43. Program which: (i) are separate modules of software distributed in
  44. conjunction with the Program under their own license agreement, and (ii)
  45. are not derivative works of the Program.</p>
  46. <p>&quot;Contributor&quot; means any person or entity that distributes
  47. the Program.</p>
  48. <p>&quot;Licensed Patents&quot; mean patent claims licensable by a
  49. Contributor which are necessarily infringed by the use or sale of its
  50. Contribution alone or when combined with the Program.</p>
  51. <p>&quot;Program&quot; means the Contributions distributed in accordance
  52. with this Agreement.</p>
  53. <p>&quot;Recipient&quot; means anyone who receives the Program under
  54. this Agreement, including all Contributors.</p>
  55. <p><b>2. GRANT OF RIGHTS</b></p>
  56. <p class="list">a) Subject to the terms of this Agreement, each
  57. Contributor hereby grants Recipient a non-exclusive, worldwide,
  58. royalty-free copyright license to reproduce, prepare derivative works
  59. of, publicly display, publicly perform, distribute and sublicense the
  60. Contribution of such Contributor, if any, and such derivative works, in
  61. source code and object code form.</p>
  62. <p class="list">b) Subject to the terms of this Agreement, each
  63. Contributor hereby grants Recipient a non-exclusive, worldwide,
  64. royalty-free patent license under Licensed Patents to make, use, sell,
  65. offer to sell, import and otherwise transfer the Contribution of such
  66. Contributor, if any, in source code and object code form. This patent
  67. license shall apply to the combination of the Contribution and the
  68. Program if, at the time the Contribution is added by the Contributor,
  69. such addition of the Contribution causes such combination to be covered
  70. by the Licensed Patents. The patent license shall not apply to any other
  71. combinations which include the Contribution. No hardware per se is
  72. licensed hereunder.</p>
  73. <p class="list">c) Recipient understands that although each Contributor
  74. grants the licenses to its Contributions set forth herein, no assurances
  75. are provided by any Contributor that the Program does not infringe the
  76. patent or other intellectual property rights of any other entity. Each
  77. Contributor disclaims any liability to Recipient for claims brought by
  78. any other entity based on infringement of intellectual property rights
  79. or otherwise. As a condition to exercising the rights and licenses
  80. granted hereunder, each Recipient hereby assumes sole responsibility to
  81. secure any other intellectual property rights needed, if any. For
  82. example, if a third party patent license is required to allow Recipient
  83. to distribute the Program, it is Recipient's responsibility to acquire
  84. that license before distributing the Program.</p>
  85. <p class="list">d) Each Contributor represents that to its knowledge it
  86. has sufficient copyright rights in its Contribution, if any, to grant
  87. the copyright license set forth in this Agreement.</p>
  88. <p><b>3. REQUIREMENTS</b></p>
  89. <p>A Contributor may choose to distribute the Program in object code
  90. form under its own license agreement, provided that:</p>
  91. <p class="list">a) it complies with the terms and conditions of this
  92. Agreement; and</p>
  93. <p class="list">b) its license agreement:</p>
  94. <p class="list">i) effectively disclaims on behalf of all Contributors
  95. all warranties and conditions, express and implied, including warranties
  96. or conditions of title and non-infringement, and implied warranties or
  97. conditions of merchantability and fitness for a particular purpose;</p>
  98. <p class="list">ii) effectively excludes on behalf of all Contributors
  99. all liability for damages, including direct, indirect, special,
  100. incidental and consequential damages, such as lost profits;</p>
  101. <p class="list">iii) states that any provisions which differ from this
  102. Agreement are offered by that Contributor alone and not by any other
  103. party; and</p>
  104. <p class="list">iv) states that source code for the Program is available
  105. from such Contributor, and informs licensees how to obtain it in a
  106. reasonable manner on or through a medium customarily used for software
  107. exchange.</p>
  108. <p>When the Program is made available in source code form:</p>
  109. <p class="list">a) it must be made available under this Agreement; and</p>
  110. <p class="list">b) a copy of this Agreement must be included with each
  111. copy of the Program.</p>
  112. <p>Contributors may not remove or alter any copyright notices contained
  113. within the Program.</p>
  114. <p>Each Contributor must identify itself as the originator of its
  115. Contribution, if any, in a manner that reasonably allows subsequent
  116. Recipients to identify the originator of the Contribution.</p>
  117. <p><b>4. COMMERCIAL DISTRIBUTION</b></p>
  118. <p>Commercial distributors of software may accept certain
  119. responsibilities with respect to end users, business partners and the
  120. like. While this license is intended to facilitate the commercial use of
  121. the Program, the Contributor who includes the Program in a commercial
  122. product offering should do so in a manner which does not create
  123. potential liability for other Contributors. Therefore, if a Contributor
  124. includes the Program in a commercial product offering, such Contributor
  125. (&quot;Commercial Contributor&quot;) hereby agrees to defend and
  126. indemnify every other Contributor (&quot;Indemnified Contributor&quot;)
  127. against any losses, damages and costs (collectively &quot;Losses&quot;)
  128. arising from claims, lawsuits and other legal actions brought by a third
  129. party against the Indemnified Contributor to the extent caused by the
  130. acts or omissions of such Commercial Contributor in connection with its
  131. distribution of the Program in a commercial product offering. The
  132. obligations in this section do not apply to any claims or Losses
  133. relating to any actual or alleged intellectual property infringement. In
  134. order to qualify, an Indemnified Contributor must: a) promptly notify
  135. the Commercial Contributor in writing of such claim, and b) allow the
  136. Commercial Contributor to control, and cooperate with the Commercial
  137. Contributor in, the defense and any related settlement negotiations. The
  138. Indemnified Contributor may participate in any such claim at its own
  139. expense.</p>
  140. <p>For example, a Contributor might include the Program in a commercial
  141. product offering, Product X. That Contributor is then a Commercial
  142. Contributor. If that Commercial Contributor then makes performance
  143. claims, or offers warranties related to Product X, those performance
  144. claims and warranties are such Commercial Contributor's responsibility
  145. alone. Under this section, the Commercial Contributor would have to
  146. defend claims against the other Contributors related to those
  147. performance claims and warranties, and if a court requires any other
  148. Contributor to pay any damages as a result, the Commercial Contributor
  149. must pay those damages.</p>
  150. <p><b>5. NO WARRANTY</b></p>
  151. <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
  152. PROVIDED ON AN &quot;AS IS&quot; BASIS, WITHOUT WARRANTIES OR CONDITIONS
  153. OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
  154. ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
  155. OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
  156. responsible for determining the appropriateness of using and
  157. distributing the Program and assumes all risks associated with its
  158. exercise of rights under this Agreement , including but not limited to
  159. the risks and costs of program errors, compliance with applicable laws,
  160. damage to or loss of data, programs or equipment, and unavailability or
  161. interruption of operations.</p>
  162. <p><b>6. DISCLAIMER OF LIABILITY</b></p>
  163. <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
  164. NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
  165. INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
  166. WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
  167. LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
  168. NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
  169. DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
  170. HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
  171. <p><b>7. GENERAL</b></p>
  172. <p>If any provision of this Agreement is invalid or unenforceable under
  173. applicable law, it shall not affect the validity or enforceability of
  174. the remainder of the terms of this Agreement, and without further action
  175. by the parties hereto, such provision shall be reformed to the minimum
  176. extent necessary to make such provision valid and enforceable.</p>
  177. <p>If Recipient institutes patent litigation against any entity
  178. (including a cross-claim or counterclaim in a lawsuit) alleging that the
  179. Program itself (excluding combinations of the Program with other
  180. software or hardware) infringes such Recipient's patent(s), then such
  181. Recipient's rights granted under Section 2(b) shall terminate as of the
  182. date such litigation is filed.</p>
  183. <p>All Recipient's rights under this Agreement shall terminate if it
  184. fails to comply with any of the material terms or conditions of this
  185. Agreement and does not cure such failure in a reasonable period of time
  186. after becoming aware of such noncompliance. If all Recipient's rights
  187. under this Agreement terminate, Recipient agrees to cease use and
  188. distribution of the Program as soon as reasonably practicable. However,
  189. Recipient's obligations under this Agreement and any licenses granted by
  190. Recipient relating to the Program shall continue and survive.</p>
  191. <p>Everyone is permitted to copy and distribute copies of this
  192. Agreement, but in order to avoid inconsistency the Agreement is
  193. copyrighted and may only be modified in the following manner. The
  194. Agreement Steward reserves the right to publish new versions (including
  195. revisions) of this Agreement from time to time. No one other than the
  196. Agreement Steward has the right to modify this Agreement. The Eclipse
  197. Foundation is the initial Agreement Steward. The Eclipse Foundation may
  198. assign the responsibility to serve as the Agreement Steward to a
  199. suitable separate entity. Each new version of the Agreement will be
  200. given a distinguishing version number. The Program (including
  201. Contributions) may always be distributed subject to the version of the
  202. Agreement under which it was received. In addition, after a new version
  203. of the Agreement is published, Contributor may elect to distribute the
  204. Program (including its Contributions) under the new version. Except as
  205. expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
  206. rights or licenses to the intellectual property of any Contributor under
  207. this Agreement, whether expressly, by implication, estoppel or
  208. otherwise. All rights in the Program not expressly granted under this
  209. Agreement are reserved.</p>
  210. <p>This Agreement is governed by the laws of the State of New York and
  211. the intellectual property laws of the United States of America. No party
  212. to this Agreement will bring a legal action under this Agreement more
  213. than one year after the cause of action arose. Each party waives its
  214. rights to a jury trial in any resulting litigation.</p>
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