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