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