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