1
2    Eclipse Public License - v 1.0
3
4THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
5PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
6THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
7
8*1. DEFINITIONS*
9
10"Contribution" means:
11
12a) in the case of the initial Contributor, the initial code and
13documentation distributed under this Agreement, and
14
15b) in the case of each subsequent Contributor:
16
17i) changes to the Program, and
18
19ii) additions to the Program;
20
21where such changes and/or additions to the Program originate from and
22are distributed by that particular Contributor. A Contribution
23'originates' from a Contributor if it was added to the Program by such
24Contributor itself or anyone acting on such Contributor's behalf.
25Contributions do not include additions to the Program which: (i) are
26separate modules of software distributed in conjunction with the Program
27under their own license agreement, and (ii) are not derivative works of
28the Program.
29
30"Contributor" means any person or entity that distributes the Program.
31
32"Licensed Patents" mean patent claims licensable by a Contributor which
33are necessarily infringed by the use or sale of its Contribution alone
34or when combined with the Program.
35
36"Program" means the Contributions distributed in accordance with this
37Agreement.
38
39"Recipient" means anyone who receives the Program under this Agreement,
40including all Contributors.
41
42*2. GRANT OF RIGHTS*
43
44a) Subject to the terms of this Agreement, each Contributor hereby
45grants Recipient a non-exclusive, worldwide, royalty-free copyright
46license to reproduce, prepare derivative works of, publicly display,
47publicly perform, distribute and sublicense the Contribution of such
48Contributor, if any, and such derivative works, in source code and
49object code form.
50
51b) Subject to the terms of this Agreement, each Contributor hereby
52grants Recipient a non-exclusive, worldwide, royalty-free patent license
53under Licensed Patents to make, use, sell, offer to sell, import and
54otherwise transfer the Contribution of such Contributor, if any, in
55source code and object code form. This patent license shall apply to the
56combination of the Contribution and the Program if, at the time the
57Contribution is added by the Contributor, such addition of the
58Contribution causes such combination to be covered by the Licensed
59Patents. The patent license shall not apply to any other combinations
60which include the Contribution. No hardware per se is licensed hereunder.
61
62c) Recipient understands that although each Contributor grants the
63licenses to its Contributions set forth herein, no assurances are
64provided by any Contributor that the Program does not infringe the
65patent or other intellectual property rights of any other entity. Each
66Contributor disclaims any liability to Recipient for claims brought by
67any other entity based on infringement of intellectual property rights
68or otherwise. As a condition to exercising the rights and licenses
69granted hereunder, each Recipient hereby assumes sole responsibility to
70secure any other intellectual property rights needed, if any. For
71example, if a third party patent license is required to allow Recipient
72to distribute the Program, it is Recipient's responsibility to acquire
73that license before distributing the Program.
74
75d) Each Contributor represents that to its knowledge it has sufficient
76copyright rights in its Contribution, if any, to grant the copyright
77license set forth in this Agreement.
78
79*3. REQUIREMENTS*
80
81A Contributor may choose to distribute the Program in object code form
82under its own license agreement, provided that:
83
84a) it complies with the terms and conditions of this Agreement; and
85
86b) its license agreement:
87
88i) effectively disclaims on behalf of all Contributors all warranties
89and conditions, express and implied, including warranties or conditions
90of title and non-infringement, and implied warranties or conditions of
91merchantability and fitness for a particular purpose;
92
93ii) effectively excludes on behalf of all Contributors all liability for
94damages, including direct, indirect, special, incidental and
95consequential damages, such as lost profits;
96
97iii) states that any provisions which differ from this Agreement are
98offered by that Contributor alone and not by any other party; and
99
100iv) states that source code for the Program is available from such
101Contributor, and informs licensees how to obtain it in a reasonable
102manner on or through a medium customarily used for software exchange.
103
104When the Program is made available in source code form:
105
106a) it must be made available under this Agreement; and
107
108b) a copy of this Agreement must be included with each copy of the Program.
109
110Contributors may not remove or alter any copyright notices contained
111within the Program.
112
113Each Contributor must identify itself as the originator of its
114Contribution, if any, in a manner that reasonably allows subsequent
115Recipients to identify the originator of the Contribution.
116
117*4. COMMERCIAL DISTRIBUTION*
118
119Commercial distributors of software may accept certain responsibilities
120with respect to end users, business partners and the like. While this
121license is intended to facilitate the commercial use of the Program, the
122Contributor who includes the Program in a commercial product offering
123should do so in a manner which does not create potential liability for
124other Contributors. Therefore, if a Contributor includes the Program in
125a commercial product offering, such Contributor ("Commercial
126Contributor") hereby agrees to defend and indemnify every other
127Contributor ("Indemnified Contributor") against any losses, damages and
128costs (collectively "Losses") arising from claims, lawsuits and other
129legal actions brought by a third party against the Indemnified
130Contributor to the extent caused by the acts or omissions of such
131Commercial Contributor in connection with its distribution of the
132Program in a commercial product offering. The obligations in this
133section do not apply to any claims or Losses relating to any actual or
134alleged intellectual property infringement. In order to qualify, an
135Indemnified Contributor must: a) promptly notify the Commercial
136Contributor in writing of such claim, and b) allow the Commercial
137Contributor to control, and cooperate with the Commercial Contributor
138in, the defense and any related settlement negotiations. The Indemnified
139Contributor may participate in any such claim at its own expense.
140
141For example, a Contributor might include the Program in a commercial
142product offering, Product X. That Contributor is then a Commercial
143Contributor. If that Commercial Contributor then makes performance
144claims, or offers warranties related to Product X, those performance
145claims and warranties are such Commercial Contributor's responsibility
146alone. Under this section, the Commercial Contributor would have to
147defend claims against the other Contributors related to those
148performance claims and warranties, and if a court requires any other
149Contributor to pay any damages as a result, the Commercial Contributor
150must pay those damages.
151
152*5. NO WARRANTY*
153
154EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
155ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
156EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
157OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
158A PARTICULAR PURPOSE. Each Recipient is solely responsible for
159determining the appropriateness of using and distributing the Program
160and assumes all risks associated with its exercise of rights under this
161Agreement , including but not limited to the risks and costs of program
162errors, compliance with applicable laws, damage to or loss of data,
163programs or equipment, and unavailability or interruption of operations.
164
165*6. DISCLAIMER OF LIABILITY*
166
167EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
168ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
169INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
170WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
171LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
172NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
173DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
174HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
175
176*7. GENERAL*
177
178If any provision of this Agreement is invalid or unenforceable under
179applicable law, it shall not affect the validity or enforceability of
180the remainder of the terms of this Agreement, and without further action
181by the parties hereto, such provision shall be reformed to the minimum
182extent necessary to make such provision valid and enforceable.
183
184If Recipient institutes patent litigation against any entity (including
185a cross-claim or counterclaim in a lawsuit) alleging that the Program
186itself (excluding combinations of the Program with other software or
187hardware) infringes such Recipient's patent(s), then such Recipient's
188rights granted under Section 2(b) shall terminate as of the date such
189litigation is filed.
190
191All Recipient's rights under this Agreement shall terminate if it fails
192to comply with any of the material terms or conditions of this Agreement
193and does not cure such failure in a reasonable period of time after
194becoming aware of such noncompliance. If all Recipient's rights under
195this Agreement terminate, Recipient agrees to cease use and distribution
196of the Program as soon as reasonably practicable. However, Recipient's
197obligations under this Agreement and any licenses granted by Recipient
198relating to the Program shall continue and survive.
199
200Everyone is permitted to copy and distribute copies of this Agreement,
201but in order to avoid inconsistency the Agreement is copyrighted and may
202only be modified in the following manner. The Agreement Steward reserves
203the right to publish new versions (including revisions) of this
204Agreement from time to time. No one other than the Agreement Steward has
205the right to modify this Agreement. The Eclipse Foundation is the
206initial Agreement Steward. The Eclipse Foundation may assign the
207responsibility to serve as the Agreement Steward to a suitable separate
208entity. Each new version of the Agreement will be given a distinguishing
209version number. The Program (including Contributions) may always be
210distributed subject to the version of the Agreement under which it was
211received. In addition, after a new version of the Agreement is
212published, Contributor may elect to distribute the Program (including
213its Contributions) under the new version. Except as expressly stated in
214Sections 2(a) and 2(b) above, Recipient receives no rights or licenses
215to the intellectual property of any Contributor under this Agreement,
216whether expressly, by implication, estoppel or otherwise. All rights in
217the Program not expressly granted under this Agreement are reserved.
218
219This Agreement is governed by the laws of the State of New York and the
220intellectual property laws of the United States of America. No party to
221this Agreement will bring a legal action under this Agreement more than
222one year after the cause of action arose. Each party waives its rights
223to a jury trial in any resulting litigation.
224
225