Very Ashamed

[Zzbrandon]

Well I was looking at the forums and found this:

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

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.

Redistributions of the supplied source code must not be sold or traded

without the sole consent of "Touch Of Death Productions". 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

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

a copy of this Agreement must be included with each copy of the Program.

c) you must have express consent from Touch of Death Productions.

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\. 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.

5\. 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.

6\. 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( 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( 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.

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

 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.

Redistributions of the supplied source code must not be sold or traded

without the sole consent of "Touch Of Death Productions". 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

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

a copy of this Agreement must be included with each copy of the Program.

c) you must have express consent from Touch of Death Productions.

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\. 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.

5\. 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.

6\. 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( 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( 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.

**Ok so I see many games made with eclipse with not giving eclipse credit and since most people live in U.S.A why doesnt whoever own eclipse bring up legal crap with them for not giving them credit plus saying they made the game entirely on their own without help of anyone I mean really??? And also do we have to give this licence out with our game not including source code?**Well I was looking at the forums and found this:

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

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.

Redistributions of the supplied source code must not be sold or traded

without the sole consent of "Touch Of Death Productions". 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

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

a copy of this Agreement must be included with each copy of the Program.

c) you must have express consent from Touch of Death Productions.

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\. 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.

5\. 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.

6\. 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( 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( 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.

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

 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.

Redistributions of the supplied source code must not be sold or traded

without the sole consent of "Touch Of Death Productions". 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

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

a copy of this Agreement must be included with each copy of the Program.

c) you must have express consent from Touch of Death Productions.

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\. 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.

5\. 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.

6\. 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( 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( 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.

**Ok so I see many games made with eclipse with not giving eclipse credit and since most people live in U.S.A why doesnt whoever own eclipse bring up legal crap with them for not giving them credit plus saying they made the game entirely on their own without help of anyone I mean really??? And also do we have to give this licence out with our game not including source code?**