1 <?xml version="1.0" encoding="UTF-8" ?> 2 <!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> 3 <html xmlns="http://www.w3.org/1999/xhtml" lang="en"> 4 <head> 5 <meta http-equiv="Content-Type" content="text/html; charset=UTF-8" /> 6 <link rel="stylesheet" href=".resources/doc.css" charset="UTF-8" type="text/css" /> 7 <link rel="shortcut icon" href=".resources/report.gif" type="image/gif" /> 8 <title>JaCoCo - Eclipse Public License - Version 1.0</title> 9 <style type="text/css"> 10 p.list { 11 margin-left: 0.5in; 12 margin-top: 0.05em; 13 margin-bottom: 0.05em; 14 } 15 </style> 16 </head> 17 <body> 18 19 <div class="breadcrumb"> 20 <a href="../index.html" class="el_report">JaCoCo</a> > 21 <span class="el_source">Eclipse Public License - Version 1.0</span> 22 </div> 23 <div id="content"> 24 25 <h1>Eclipse Public License - v 1.0</h1> 26 27 <p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE 28 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR 29 DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS 30 AGREEMENT.</p> 31 32 <h3>1. DEFINITIONS</h3> 33 34 <p>"Contribution" means:</p> 35 36 <p class="list">a) in the case of the initial Contributor, the initial 37 code and documentation distributed under this Agreement, and</p> 38 <p class="list">b) in the case of each subsequent Contributor:</p> 39 40 <p class="list">i) changes to the Program, and</p> 41 <p class="list">ii) additions to the Program;</p> 42 <p class="list">where such changes and/or additions to the Program 43 originate from and are distributed by that particular Contributor. A 44 Contribution 'originates' from a Contributor if it was added to the 45 Program by such Contributor itself or anyone acting on such 46 Contributor's behalf. Contributions do not include additions to the 47 Program which: (i) are separate modules of software distributed in 48 conjunction with the Program under their own license agreement, and (ii) 49 are not derivative works of the Program.</p> 50 51 <p>"Contributor" means any person or entity that distributes 52 the Program.</p> 53 54 <p>"Licensed Patents" mean patent claims licensable by a 55 Contributor which are necessarily infringed by the use or sale of its 56 Contribution alone or when combined with the Program.</p> 57 58 <p>"Program" means the Contributions distributed in accordance 59 with this Agreement.</p> 60 61 <p>"Recipient" means anyone who receives the Program under 62 this Agreement, including all Contributors.</p> 63 64 <h3>2. GRANT OF RIGHTS</h3> 65 66 <p class="list">a) Subject to the terms of this Agreement, each 67 Contributor hereby grants Recipient a non-exclusive, worldwide, 68 royalty-free copyright license to reproduce, prepare derivative works 69 of, publicly display, publicly perform, distribute and sublicense the 70 Contribution of such Contributor, if any, and such derivative works, in 71 source code and object code form.</p> 72 73 <p class="list">b) Subject to the terms of this Agreement, each 74 Contributor hereby grants Recipient a non-exclusive, worldwide, 75 royalty-free patent license under Licensed Patents to make, use, sell, 76 offer to sell, import and otherwise transfer the Contribution of such 77 Contributor, if any, in source code and object code form. This patent 78 license shall apply to the combination of the Contribution and the 79 Program if, at the time the Contribution is added by the Contributor, 80 such addition of the Contribution causes such combination to be covered 81 by the Licensed Patents. The patent license shall not apply to any other 82 combinations which include the Contribution. No hardware per se is 83 licensed hereunder.</p> 84 85 <p class="list">c) Recipient understands that although each Contributor 86 grants the licenses to its Contributions set forth herein, no assurances 87 are provided by any Contributor that the Program does not infringe the 88 patent or other intellectual property rights of any other entity. Each 89 Contributor disclaims any liability to Recipient for claims brought by 90 any other entity based on infringement of intellectual property rights 91 or otherwise. As a condition to exercising the rights and licenses 92 granted hereunder, each Recipient hereby assumes sole responsibility to 93 secure any other intellectual property rights needed, if any. For 94 example, if a third party patent license is required to allow Recipient 95 to distribute the Program, it is Recipient's responsibility to acquire 96 that license before distributing the Program.</p> 97 98 <p class="list">d) Each Contributor represents that to its knowledge it 99 has sufficient copyright rights in its Contribution, if any, to grant 100 the copyright license set forth in this Agreement.</p> 101 102 <h3>3. REQUIREMENTS</h3> 103 104 <p>A Contributor may choose to distribute the Program in object code 105 form under its own license agreement, provided that:</p> 106 107 <p class="list">a) it complies with the terms and conditions of this 108 Agreement; and</p> 109 110 <p class="list">b) its license agreement:</p> 111 112 <p class="list">i) effectively disclaims on behalf of all Contributors 113 all warranties and conditions, express and implied, including warranties 114 or conditions of title and non-infringement, and implied warranties or 115 conditions of merchantability and fitness for a particular purpose;</p> 116 117 <p class="list">ii) effectively excludes on behalf of all Contributors 118 all liability for damages, including direct, indirect, special, 119 incidental and consequential damages, such as lost profits;</p> 120 121 <p class="list">iii) states that any provisions which differ from this 122 Agreement are offered by that Contributor alone and not by any other 123 party; and</p> 124 125 <p class="list">iv) states that source code for the Program is available 126 from such Contributor, and informs licensees how to obtain it in a 127 reasonable manner on or through a medium customarily used for software 128 exchange.</p> 129 130 <p>When the Program is made available in source code form:</p> 131 132 <p class="list">a) it must be made available under this Agreement; and</p> 133 134 <p class="list">b) a copy of this Agreement must be included with each 135 copy of the Program.</p> 136 137 <p>Contributors may not remove or alter any copyright notices contained 138 within the Program.</p> 139 140 <p>Each Contributor must identify itself as the originator of its 141 Contribution, if any, in a manner that reasonably allows subsequent 142 Recipients to identify the originator of the Contribution.</p> 143 144 <h3>4. COMMERCIAL DISTRIBUTION</h3> 145 146 <p>Commercial distributors of software may accept certain 147 responsibilities with respect to end users, business partners and the 148 like. While this license is intended to facilitate the commercial use of 149 the Program, the Contributor who includes the Program in a commercial 150 product offering should do so in a manner which does not create 151 potential liability for other Contributors. Therefore, if a Contributor 152 includes the Program in a commercial product offering, such Contributor 153 ("Commercial Contributor") hereby agrees to defend and 154 indemnify every other Contributor ("Indemnified Contributor") 155 against any losses, damages and costs (collectively "Losses") 156 arising from claims, lawsuits and other legal actions brought by a third 157 party against the Indemnified Contributor to the extent caused by the 158 acts or omissions of such Commercial Contributor in connection with its 159 distribution of the Program in a commercial product offering. The 160 obligations in this section do not apply to any claims or Losses 161 relating to any actual or alleged intellectual property infringement. In 162 order to qualify, an Indemnified Contributor must: a) promptly notify 163 the Commercial Contributor in writing of such claim, and b) allow the 164 Commercial Contributor to control, and cooperate with the Commercial 165 Contributor in, the defense and any related settlement negotiations. The 166 Indemnified Contributor may participate in any such claim at its own 167 expense.</p> 168 169 <p>For example, a Contributor might include the Program in a commercial 170 product offering, Product X. That Contributor is then a Commercial 171 Contributor. If that Commercial Contributor then makes performance 172 claims, or offers warranties related to Product X, those performance 173 claims and warranties are such Commercial Contributor's responsibility 174 alone. Under this section, the Commercial Contributor would have to 175 defend claims against the other Contributors related to those 176 performance claims and warranties, and if a court requires any other 177 Contributor to pay any damages as a result, the Commercial Contributor 178 must pay those damages.</p> 179 180 <h3>5. NO WARRANTY</h3> 181 182 <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS 183 PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS 184 OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, 185 ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY 186 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely 187 responsible for determining the appropriateness of using and 188 distributing the Program and assumes all risks associated with its 189 exercise of rights under this Agreement , including but not limited to 190 the risks and costs of program errors, compliance with applicable laws, 191 damage to or loss of data, programs or equipment, and unavailability or 192 interruption of operations.</p> 193 194 <h3>6. DISCLAIMER OF LIABILITY</h3> 195 196 <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT 197 NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 198 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 199 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 200 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 201 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 202 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 203 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p> 204 205 <h3>7. GENERAL</h3> 206 207 <p>If any provision of this Agreement is invalid or unenforceable under 208 applicable law, it shall not affect the validity or enforceability of 209 the remainder of the terms of this Agreement, and without further action 210 by the parties hereto, such provision shall be reformed to the minimum 211 extent necessary to make such provision valid and enforceable.</p> 212 213 <p>If Recipient institutes patent litigation against any entity 214 (including a cross-claim or counterclaim in a lawsuit) alleging that the 215 Program itself (excluding combinations of the Program with other 216 software or hardware) infringes such Recipient's patent(s), then such 217 Recipient's rights granted under Section 2(b) shall terminate as of the 218 date such litigation is filed.</p> 219 220 <p>All Recipient's rights under this Agreement shall terminate if it 221 fails to comply with any of the material terms or conditions of this 222 Agreement and does not cure such failure in a reasonable period of time 223 after becoming aware of such noncompliance. If all Recipient's rights 224 under this Agreement terminate, Recipient agrees to cease use and 225 distribution of the Program as soon as reasonably practicable. However, 226 Recipient's obligations under this Agreement and any licenses granted by 227 Recipient relating to the Program shall continue and survive.</p> 228 229 <p>Everyone is permitted to copy and distribute copies of this 230 Agreement, but in order to avoid inconsistency the Agreement is 231 copyrighted and may only be modified in the following manner. The 232 Agreement Steward reserves the right to publish new versions (including 233 revisions) of this Agreement from time to time. No one other than the 234 Agreement Steward has the right to modify this Agreement. The Eclipse 235 Foundation is the initial Agreement Steward. The Eclipse Foundation may 236 assign the responsibility to serve as the Agreement Steward to a 237 suitable separate entity. Each new version of the Agreement will be 238 given a distinguishing version number. The Program (including 239 Contributions) may always be distributed subject to the version of the 240 Agreement under which it was received. In addition, after a new version 241 of the Agreement is published, Contributor may elect to distribute the 242 Program (including its Contributions) under the new version. Except as 243 expressly stated in Sections 2(a) and 2(b) above, Recipient receives no 244 rights or licenses to the intellectual property of any Contributor under 245 this Agreement, whether expressly, by implication, estoppel or 246 otherwise. All rights in the Program not expressly granted under this 247 Agreement are reserved.</p> 248 249 <p>This Agreement is governed by the laws of the State of New York and 250 the intellectual property laws of the United States of America. No party 251 to this Agreement will bring a legal action under this Agreement more 252 than one year after the cause of action arose. Each party waives its 253 rights to a jury trial in any resulting litigation.</p> 254 255 </div> 256 <div class="footer"> 257 <span class="right"><a href="@jacoco.home.url@">JaCoCo</a> @qualified.bundle.version@</span> 258 <a href="license.html">Copyright</a> © @copyright.years@ Mountainminds GmbH & Co. KG and Contributors 259 </div> 260 261 </body> 262 </html> 263
