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