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