1 ============================================================ 2 Notices for file(s): 3 org-eclipse-equinox-common-3.6.0.jar 4 ------------------------------------------------------------ 5 6 Eclipse Public License - v 1.0 7 8 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE 9 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF 10 THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 11 12 *1. DEFINITIONS* 13 14 "Contribution" means: 15 16 a) in the case of the initial Contributor, the initial code and 17 documentation distributed under this Agreement, and 18 19 b) in the case of each subsequent Contributor: 20 21 i) changes to the Program, and 22 23 ii) additions to the Program; 24 25 where such changes and/or additions to the Program originate from and 26 are distributed by that particular Contributor. A Contribution 27 'originates' from a Contributor if it was added to the Program by such 28 Contributor itself or anyone acting on such Contributor's behalf. 29 Contributions do not include additions to the Program which: (i) are 30 separate modules of software distributed in conjunction with the Program 31 under their own license agreement, and (ii) are not derivative works of 32 the Program. 33 34 "Contributor" means any person or entity that distributes the Program. 35 36 "Licensed Patents" mean patent claims licensable by a Contributor which 37 are necessarily infringed by the use or sale of its Contribution alone 38 or when combined with the Program. 39 40 "Program" means the Contributions distributed in accordance with this 41 Agreement. 42 43 "Recipient" means anyone who receives the Program under this Agreement, 44 including all Contributors. 45 46 *2. GRANT OF RIGHTS* 47 48 a) Subject to the terms of this Agreement, each Contributor hereby 49 grants Recipient a non-exclusive, worldwide, royalty-free copyright 50 license to reproduce, prepare derivative works of, publicly display, 51 publicly perform, distribute and sublicense the Contribution of such 52 Contributor, if any, and such derivative works, in source code and 53 object code form. 54 55 b) Subject to the terms of this Agreement, each Contributor hereby 56 grants Recipient a non-exclusive, worldwide, royalty-free patent license 57 under Licensed Patents to make, use, sell, offer to sell, import and 58 otherwise transfer the Contribution of such Contributor, if any, in 59 source code and object code form. This patent license shall apply to the 60 combination of the Contribution and the Program if, at the time the 61 Contribution is added by the Contributor, such addition of the 62 Contribution causes such combination to be covered by the Licensed 63 Patents. The patent license shall not apply to any other combinations 64 which include the Contribution. No hardware per se is licensed hereunder. 65 66 c) Recipient understands that although each Contributor grants the 67 licenses to its Contributions set forth herein, no assurances are 68 provided by any Contributor that the Program does not infringe the 69 patent or other intellectual property rights of any other entity. Each 70 Contributor disclaims any liability to Recipient for claims brought by 71 any other entity based on infringement of intellectual property rights 72 or otherwise. As a condition to exercising the rights and licenses 73 granted hereunder, each Recipient hereby assumes sole responsibility to 74 secure any other intellectual property rights needed, if any. For 75 example, if a third party patent license is required to allow Recipient 76 to distribute the Program, it is Recipient's responsibility to acquire 77 that license before distributing the Program. 78 79 d) Each Contributor represents that to its knowledge it has sufficient 80 copyright rights in its Contribution, if any, to grant the copyright 81 license set forth in this Agreement. 82 83 *3. REQUIREMENTS* 84 85 A Contributor may choose to distribute the Program in object code form 86 under its own license agreement, provided that: 87 88 a) it complies with the terms and conditions of this Agreement; and 89 90 b) its license agreement: 91 92 i) effectively disclaims on behalf of all Contributors all warranties 93 and conditions, express and implied, including warranties or conditions 94 of title and non-infringement, and implied warranties or conditions of 95 merchantability and fitness for a particular purpose; 96 97 ii) effectively excludes on behalf of all Contributors all liability for 98 damages, including direct, indirect, special, incidental and 99 consequential damages, such as lost profits; 100 101 iii) states that any provisions which differ from this Agreement are 102 offered by that Contributor alone and not by any other party; and 103 104 iv) states that source code for the Program is available from such 105 Contributor, and informs licensees how to obtain it in a reasonable 106 manner on or through a medium customarily used for software exchange. 107 108 When the Program is made available in source code form: 109 110 a) it must be made available under this Agreement; and 111 112 b) a copy of this Agreement must be included with each copy of the Program. 113 114 Contributors may not remove or alter any copyright notices contained 115 within the Program. 116 117 Each Contributor must identify itself as the originator of its 118 Contribution, if any, in a manner that reasonably allows subsequent 119 Recipients to identify the originator of the Contribution. 120 121 *4. COMMERCIAL DISTRIBUTION* 122 123 Commercial distributors of software may accept certain responsibilities 124 with respect to end users, business partners and the like. While this 125 license is intended to facilitate the commercial use of the Program, the 126 Contributor who includes the Program in a commercial product offering 127 should do so in a manner which does not create potential liability for 128 other Contributors. Therefore, if a Contributor includes the Program in 129 a commercial product offering, such Contributor ("Commercial 130 Contributor") hereby agrees to defend and indemnify every other 131 Contributor ("Indemnified Contributor") against any losses, damages and 132 costs (collectively "Losses") arising from claims, lawsuits and other 133 legal actions brought by a third party against the Indemnified 134 Contributor to the extent caused by the acts or omissions of such 135 Commercial Contributor in connection with its distribution of the 136 Program in a commercial product offering. The obligations in this 137 section do not apply to any claims or Losses relating to any actual or 138 alleged intellectual property infringement. In order to qualify, an 139 Indemnified Contributor must: a) promptly notify the Commercial 140 Contributor in writing of such claim, and b) allow the Commercial 141 Contributor to control, and cooperate with the Commercial Contributor 142 in, the defense and any related settlement negotiations. The Indemnified 143 Contributor may participate in any such claim at its own expense. 144 145 For example, a Contributor might include the Program in a commercial 146 product offering, Product X. That Contributor is then a Commercial 147 Contributor. If that Commercial Contributor then makes performance 148 claims, or offers warranties related to Product X, those performance 149 claims and warranties are such Commercial Contributor's responsibility 150 alone. Under this section, the Commercial Contributor would have to 151 defend claims against the other Contributors related to those 152 performance claims and warranties, and if a court requires any other 153 Contributor to pay any damages as a result, the Commercial Contributor 154 must pay those damages. 155 156 *5. NO WARRANTY* 157 158 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 159 ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, 160 EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES 161 OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR 162 A PARTICULAR PURPOSE. Each Recipient is solely responsible for 163 determining the appropriateness of using and distributing the Program 164 and assumes all risks associated with its exercise of rights under this 165 Agreement , including but not limited to the risks and costs of program 166 errors, compliance with applicable laws, damage to or loss of data, 167 programs or equipment, and unavailability or interruption of operations. 168 169 *6. DISCLAIMER OF LIABILITY* 170 171 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 172 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 173 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 174 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 175 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 176 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 177 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 178 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 179 180 *7. GENERAL* 181 182 If any provision of this Agreement is invalid or unenforceable under 183 applicable law, it shall not affect the validity or enforceability of 184 the remainder of the terms of this Agreement, and without further action 185 by the parties hereto, such provision shall be reformed to the minimum 186 extent necessary to make such provision valid and enforceable. 187 188 If Recipient institutes patent litigation against any entity (including 189 a cross-claim or counterclaim in a lawsuit) alleging that the Program 190 itself (excluding combinations of the Program with other software or 191 hardware) infringes such Recipient's patent(s), then such Recipient's 192 rights granted under Section 2(b) shall terminate as of the date such 193 litigation is filed. 194 195 All Recipient's rights under this Agreement shall terminate if it fails 196 to comply with any of the material terms or conditions of this Agreement 197 and does not cure such failure in a reasonable period of time after 198 becoming aware of such noncompliance. If all Recipient's rights under 199 this Agreement terminate, Recipient agrees to cease use and distribution 200 of the Program as soon as reasonably practicable. However, Recipient's 201 obligations under this Agreement and any licenses granted by Recipient 202 relating to the Program shall continue and survive. 203 204 Everyone is permitted to copy and distribute copies of this Agreement, 205 but in order to avoid inconsistency the Agreement is copyrighted and may 206 only be modified in the following manner. The Agreement Steward reserves 207 the right to publish new versions (including revisions) of this 208 Agreement from time to time. No one other than the Agreement Steward has 209 the right to modify this Agreement. The Eclipse Foundation is the 210 initial Agreement Steward. The Eclipse Foundation may assign the 211 responsibility to serve as the Agreement Steward to a suitable separate 212 entity. Each new version of the Agreement will be given a distinguishing 213 version number. The Program (including Contributions) may always be 214 distributed subject to the version of the Agreement under which it was 215 received. In addition, after a new version of the Agreement is 216 published, Contributor may elect to distribute the Program (including 217 its Contributions) under the new version. Except as expressly stated in 218 Sections 2(a) and 2(b) above, Recipient receives no rights or licenses 219 to the intellectual property of any Contributor under this Agreement, 220 whether expressly, by implication, estoppel or otherwise. All rights in 221 the Program not expressly granted under this Agreement are reserved. 222 223 This Agreement is governed by the laws of the State of New York and the 224 intellectual property laws of the United States of America. No party to 225 this Agreement will bring a legal action under this Agreement more than 226 one year after the cause of action arose. Each party waives its rights 227 to a jury trial in any resulting litigation. 228
