<ahref="#section-3.3">3.3</a>, <ahref="#section-3.4">3.4</a> and
<ahref="#section-3.5">3.5</a> have been met for that Covered Code, and if You include a
notice stating that the Source Code version of the Covered Code is available under the terms
of this License, including a description of how and where You have fulfilled the obligations
of Section <ahref="#section-3.2">3.2</a>. The notice must be conspicuously included in any
notice in an Executable version, related documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may distribute the Executable version of
Covered Code or ownership rights under 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 version does not attempt to limit or alter the
recipient's rights in the Source Code version from the rights set forth in this License. If
You distribute the Executable version 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 any 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.
</p>
<h4id = "section-3.7">3.7. Larger Works</h4>
<p>
You may create a Larger Work by combining Covered Code 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 Code.
</p>
<h3id = "section-4">4. Inability to Comply Due to Statute or Regulation.</h3>
<p>
If it is impossible for You to comply with any of the terms of this License with respect to
some or all of the Covered Code due to statute, judicial order, or regulation then You must:
(a) comply with the terms of this License to the maximum extent possible; and (b) describe
the limitations and the code they affect. Such description must be included in the
<b>legal</b> file described in Section
<ahref="#section-3.4">3.4</a> and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to understand it.
</p>
<h3id = "section-5">5. Application of this License.</h3>
<p>
This License applies to code to which the Initial Developer has attached the notice in
<ahref="#exhibit-a">Exhibit A</a> and to related Covered Code.
</p>
<h3id = "section-6">6. Versions of the License.</h3>
<h4id="section-6.1">6.1. New Versions</h4>
<p>
The <emclass="u">H2 Group</em> may publish revised and/or new versions
of the License from time to time. Each version will be given a distinguishing version number.
</p>
<h4id = "section-6.2">6.2. Effect of New Versions</h4>
<p>
Once Covered Code has been published under a particular version of the License, You may
always continue to use it under the terms of that version. You may also choose to use such
Covered Code under the terms of any subsequent version of the License published by the <emclass="u">H2 Group</em>.
No one other than the <emclass="u">H2 Group</em> has the right to modify the terms applicable to Covered Code
created under this License.
</p>
<h4id = "section-6.3">6.3. Derivative Works</h4>
<p>
If You create or use a modified version of this License (which you may only do in order to
apply it to code which is not already Covered Code governed by this License), You must (a)
rename Your license so that the phrases <emclass="u">"H2 Group", "H2"</em>
or any confusingly similar phrase do not appear in your license (except to note that
your license differs from this License) and (b) otherwise make it clear that Your version of
the license contains terms which differ from the <emclass="u">H2 License</em>.
(Filling in the name of the Initial Developer, Original Code or Contributor in the
notice described in <ahref="#exhibit-a">Exhibit A</a> shall not of themselves be deemed to
be modifications of this License.)
</p>
<h3id = "section-7">7. Disclaimer of Warranty</h3>
<p>
Covered code 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 code 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 code is with you. Should any covered code 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 code is authorized hereunder except under this
disclaimer.
</p>
<h3id = "section-8">8. Termination</h3>
<pid="section-8.1">8.1. 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. All sublicenses to the Covered Code which
are properly granted shall survive any termination of this License. Provisions which, by
their nature, must remain in effect beyond the termination of this License shall survive.
</p>
<pid="section-8.2">8.2. If You initiate litigation by asserting a patent infringement
claim (excluding declaratory judgment actions) against Initial Developer or a Contributor
(the Initial Developer or Contributor against whom You file such action is referred to
as "Participant") alleging that:
</p>
<pid = "section-8.2-a">8.2.a. such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such Participant to You under
Sections <ahref="#section-2.1">2.1</a> and/or <ahref="#section-2.2">2.2</a> of this
License shall, upon 60 days notice from Participant terminate prospectively, unless if
within 60 days after receipt of notice You either: (i) agree in writing to pay
Participant a mutually agreeable reasonable royalty for Your past and future use of
Modifications made by such Participant, or (ii) withdraw Your litigation claim with
respect to the Contributor Version against such Participant. If within 60 days of
notice, a reasonable royalty and payment arrangement are not mutually agreed upon in
writing by the parties or the litigation claim is not withdrawn, the rights granted by
Participant to You under Sections <ahref="#section-2.1">2.1</a> and/or
<ahref="#section-2.2">2.2</a> automatically terminate at the expiration of the 60 day
notice period specified above.
</p>
<pid = "section-8.2-b">8.2.b. any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then any rights
granted to You by such Participant under Sections 2.1(<ahref="#section-2.1-b">b</a>)
and 2.2(<ahref="#section-2.2-b">b</a>) are revoked effective as of the date You first
made, used, sold, distributed, or had made, Modifications made by that Participant.
</p>
<pid = "section-8.3">8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or indirectly infringes
any patent where such claim is resolved (such as by license or settlement) prior to the
initiation of patent infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections <ahref="#section-2.1">2.1</a> or
<ahref="#section-2.2">2.2</a> shall be taken into account in determining the amount or
value of any payment or license.
</p>
<pid = "section-8.4">8.4. In the event of termination under Sections
<ahref="#section-8.1">8.1</a> or <ahref="#section-8.2">8.2</a> above, all end user
license agreements (excluding distributors and resellers) which have been validly
granted by You or any distributor hereunder prior to termination shall survive
termination.
</p>
<h3id = "section-9">9. Limitation of Liability</h3>
<p>
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 code, 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 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.
</p>
<h3id = "section-10">10. United States Government End Users</h3>
<p>
The Covered Code is a "commercial item", as that term is defined in 48
C.F.R. 2.101 (October 1995), consisting of
"commercial computer software" and "commercial computer software documentation", as such
terms are used in 48 C.F.R. 12.212 (September 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 Code with only those rights set forth herein.
</p>
<h3id = "section-11">11. Miscellaneous</h3>
<p>
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 California law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. With respect to
disputes in which at least one party is a citizen of, or an entity chartered or
registered to do business in United States of America, any litigation relating to
this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California,
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.
</p>
<h3id = "section-12">12. Responsibility for Claims</h3>
<p>
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.
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits
you to utilize portions of the Covered Code under Your choice of this
or the alternative licenses, if any, specified by the Initial Developer in the file
described in <ahref="#exhibit-a">Exhibit A</a>.
</p>
<h3id="exhibit-a">Exhibit A</h3>
<h2id="mpl2">Mozilla Public License Version 2.0</h2>
<h3id="definitions">1. Definitions</h3>
<p>1.1. "Contributor" means each individual or legal entity that creates, contributes to the creation of, or owns Covered Software.</p>
<p>1.2. "Contributor Version" means the combination of the Contributions of others (if any) used by a Contributor and that particular Contributor’s Contribution.</p>
<p>1.3. "Contribution" means Covered Software of a particular Contributor.</p>
<p>1.4. "Covered Software" means Source Code Form to which the initial Contributor has attached the notice in Exhibit A, the Executable Form of such Source Code Form, and Modifications of such Source Code Form, in each case including portions thereof.</p>
<p>1.5. "Incompatible With Secondary Licenses" means
<p>a. that the initial Contributor has attached the notice described in Exhibit B to the Covered Software; or</p>
<p>b. that the Covered Software was made available under the terms of version 1.1 or earlier of the License, but not also under the terms of a Secondary License.</p>
<p>1.6. "Executable Form" means any form of the work other than Source Code Form.</p>
<p>1.7. "Larger Work" means a work that combines Covered Software with other material, in a separate file or files, that is not Covered Software.</p>
<p>1.8. "License" means this document.</p>
<p>1.9. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently, any and all of the rights conveyed by this License.</p>
<p>1.10. "Modifications" means any of the following:</p>
<p>a. any file in Source Code Form that results from an addition to, deletion from, or modification of the contents of Covered Software; or</p>
<p>b. any new file in Source Code Form that contains any Covered Software.</p>
<p>1.11. "Patent Claims" of a Contributor means any patent claim(s), including without limitation, method, process, and apparatus claims, in any patent Licensable by such Contributor that would be infringed, but for the grant of the License, by the making, using, selling, offering for sale, having made, import, or transfer of either its Contributions or its Contributor Version.</p>
<p>1.12. "Secondary License" means either the GNU General Public License, Version 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General Public License, Version 3.0, or any later versions of those licenses.</p>
<p>1.13. "Source Code Form" means the form of the work preferred for making modifications.</p>
<p>1.14. "You" (or "Your") means an individual or a legal entity exercising rights under this License. For legal entities, "You" includes any entity that 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.</p>
<h3id="license-grants-and-conditions">2. License Grants and Conditions</h3>
<h4id="grants">2.1. Grants</h4>
<p>Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:</p>
<oltype="a">
<li><p>under intellectual property rights (other than patent or trademark) Licensable by such Contributor to use, reproduce, make available, modify, display, perform, distribute, and otherwise exploit its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work; and</p></li>
<li><p>under Patent Claims of such Contributor to make, use, sell, offer for sale, have made, import, and otherwise transfer either its Contributions or its Contributor Version.</p></li>
</ol>
<h4id="effective-date">2.2. Effective Date</h4>
<p>The licenses granted in Section 2.1 with respect to any Contribution become effective for each Contribution on the date the Contributor first distributes such Contribution.</p>
<h4id="limitations-on-grant-scope">2.3. Limitations on Grant Scope</h4>
<p>The licenses granted in this Section 2 are the only rights granted under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. Notwithstanding Section 2.1(b) above, no patent license is granted by a Contributor:</p>
<oltype="a">
<li><p>for any code that a Contributor has removed from Covered Software; or</p></li>
<li><p>for infringements caused by: (i) Your and any other third party’s modifications of Covered Software, or (ii) the combination of its Contributions with other software (except as part of its Contributor Version); or</p></li>
<li><p>under Patent Claims infringed by Covered Software in the absence of its Contributions.</p></li>
</ol>
<p>This License does not grant any rights in the trademarks, service marks, or logos of any Contributor (except as may be necessary to comply with the notice requirements in Section 3.4).</p>
<p>No Contributor makes additional grants as a result of Your choice to distribute the Covered Software under a subsequent version of this License (see Section 10.2) or under the terms of a Secondary License (if permitted under the terms of Section 3.3).</p>
<h4id="representation">2.5. Representation</h4>
<p>Each Contributor represents that the Contributor believes its Contributions are its original creation(s) or it has sufficient rights to grant the rights to its Contributions conveyed by this License.</p>
<h4id="fair-use">2.6. Fair Use</h4>
<p>This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.</p>
<h4id="conditions">2.7. Conditions</h4>
<p>Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in Section 2.1.</p>
<h3id="responsibilities">3. Responsibilities</h3>
<h4id="distribution-of-source-form">3.1. Distribution of Source Form</h4>
<p>All distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, must be under the terms of this License. You must inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License. You may not attempt to alter or restrict the recipients’ rights in the Source Code Form.</p>
<h4id="distribution-of-executable-form">3.2. Distribution of Executable Form</h4>
<p>If You distribute Covered Software in Executable Form then:</p>
<oltype="a">
<li><p>such Covered Software must also be made available in Source Code Form, as described in Section 3.1, and You must inform recipients of the Executable Form how they can obtain a copy of such Source Code Form by reasonable means in a timely manner, at a charge no more than the cost of distribution to the recipient; and</p></li>
<li><p>You may distribute such Executable Form under the terms of this License, or sublicense it under different terms, provided that the license for the Executable Form does not attempt to limit or alter the recipients’ rights in the Source Code Form under this License.</p></li>
</ol>
<h4id="distribution-of-a-larger-work">3.3. Distribution of a Larger Work</h4>
<p>You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. If the Larger Work is a combination of Covered Software with a work governed by one or more Secondary Licenses, and the Covered Software is not Incompatible With Secondary Licenses, this License permits You to additionally distribute such Covered Software under the terms of such Secondary License(s), so that the recipient of the Larger Work may, at their option, further distribute the Covered Software under the terms of either this License or such Secondary License(s).</p>
<h4id="notices">3.4. Notices</h4>
<p>You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any license notices to the extent required to remedy known factual inaccuracies.</p>
<h4id="application-of-additional-terms">3.5. Application of Additional Terms</h4>
<p>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 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 every Contributor for any liability incurred by such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdiction.</p>
<h3id="inability-to-comply-due-to-statute-or-regulation">4. Inability to Comply Due to Statute or Regulation</h3>
<p>If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Software due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be placed in a text file included with all distributions of the Covered Software under this License. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.</p>
<h3id="termination">5. Termination</h3>
<p>5.1. The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights granted under this License from a particular Contributor are reinstated (a) provisionally, unless and until such Contributor explicitly and finally terminates Your grants, and (b) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60 days after You have come back into compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some reasonable means, this is the first time You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30 days after Your receipt of the notice.</p>
<p>5.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.</p>
<p>5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or Your distributors under this License prior to termination shall survive termination.</p>
<h3id="disclaimer-of-warranty">6. Disclaimer of Warranty</h3>
<p>Covered Software is provided under this License on an "as is" basis, without warranty of any kind, either expressed, implied, or statutory, 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 any 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 under this License except under this disclaimer.</p>
<h3id="limitation-of-liability">7. Limitation of Liability</h3>
<p>Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted above, be liable to You for any direct, 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.</p>
<h3id="litigation">8. Litigation</h3>
<p>Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party’s ability to bring cross-claims or counter-claims.</p>
<h3id="miscellaneous">9. Miscellaneous</h3>
<p>This License represents the complete agreement concerning the 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. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License against a Contributor.</p>
<h3id="versions-of-the-license">10. Versions of the License</h3>
<h4id="new-versions">10.1. New Versions</h4>
<p>Mozilla Foundation is the license steward. Except as provided in Section 10.3, no one other than the license steward has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.</p>
<h4id="effect-of-new-versions">10.2. Effect of New Versions</h4>
<p>You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms of any subsequent version published by the license steward.</p>
<p>If you create software not governed by this License, and you want to create a new license for such software, you may create and use a modified version of this License if you rename the license and remove any references to the name of the license steward (except to note that such modified license differs from this License).</p>
<h4id="distributing-source-code-form-that-is-incompatible-with-secondary-licenses">10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses</h4>
<p>If You choose to distribute Source Code Form that is Incompatible With Secondary Licenses under the terms of this version of the License, the notice described in Exhibit B of this License must be attached.</p>
<h3id="exhibit-a---source-code-form-license-notice">Exhibit A - Source Code Form License Notice</h3>
<pre>
Multiple-Licensed under the H2 License, Version 1.0,
and under the Eclipse Public License, Version 1.0
(http://h2database.com/html/license.html).
Initial Developer: H2 Group
This Source Code Form is subject to the terms of the Mozilla Public License, v. 2.0.
If a copy of the MPL was not distributed with this file, you can obtain one at http://mozilla.org/MPL/2.0/.
</pre>
<p>If it is not possible or desirable to put the notice in a particular file, then You may include the notice in a location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice.</p>
<p>You may add additional accurate notices of copyright ownership.</p>
<h3id="exhibit-b---incompatible-with-secondary-licenses-notice">Exhibit B - "Incompatible With Secondary Licenses" Notice</h3>
<pre>
This Source Code Form is "Incompatible With Secondary Licenses",
as defined by the Mozilla Public License, v. 2.0.
</pre>
<h2id="eclipse_license">Eclipse Public License - Version 1.0</h2>
