1 *Eclipse 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 5 THE 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 b) in the case of each subsequent Contributor: 14 15 i) changes to the Program, and 16 17 ii) additions to the Program; 18 19 where such changes and/or additions to the Program originate from and 20 are distributed by that particular Contributor. A Contribution 21 'originates' from a Contributor if it was added to the Program by such 22 Contributor itself or anyone acting on such Contributor's behalf. 23 Contributions do not include additions to the Program which: (i) are 24 separate modules of software distributed in conjunction with the Program 25 under their own license agreement, and (ii) are not derivative works of 26 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 32 or 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 43 grants Recipient a non-exclusive, worldwide, royalty-free copyright 44 license to reproduce, prepare derivative works of, publicly display, 45 publicly perform, distribute and sublicense the Contribution of such 46 Contributor, if any, and such derivative works, in source code and 47 object code form. 48 49 b) Subject to the terms of this Agreement, each Contributor hereby 50 grants Recipient a non-exclusive, worldwide, royalty-free patent license 51 under Licensed Patents to make, use, sell, offer to sell, import and 52 otherwise transfer the Contribution of such Contributor, if any, in 53 source code and object code form. This patent license shall apply to the 54 combination of the Contribution and the Program if, at the time the 55 Contribution is added by the Contributor, such addition of the 56 Contribution causes such combination to be covered by the Licensed 57 Patents. The patent license shall not apply to any other combinations 58 which include the Contribution. No hardware per se is licensed hereunder. 59 60 c) Recipient understands that although each Contributor grants the 61 licenses to its Contributions set forth herein, no assurances are 62 provided by any Contributor that the Program does not infringe the 63 patent or other intellectual property rights of any other entity. Each 64 Contributor disclaims any liability to Recipient for claims brought by 65 any other entity based on infringement of intellectual property rights 66 or otherwise. As a condition to exercising the rights and licenses 67 granted hereunder, each Recipient hereby assumes sole responsibility to 68 secure any other intellectual property rights needed, if any. For 69 example, if a third party patent license is required to allow Recipient 70 to distribute the Program, it is Recipient's responsibility to acquire 71 that license 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 80 under 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 conditions 88 of title and non-infringement, and implied warranties or conditions of 89 merchantability and fitness for a particular purpose; 90 91 ii) effectively excludes on behalf of all Contributors all liability for 92 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 105 106 b) a copy of this Agreement must be included with each copy of the 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 123 a commercial product offering, such Contributor ("Commercial 124 Contributor") hereby agrees to defend and indemnify every other 125 Contributor ("Indemnified Contributor") against any losses, damages and 126 costs (collectively "Losses") arising from claims, lawsuits and other 127 legal actions brought by a third party against the Indemnified 128 Contributor to the extent caused by the acts or omissions of such 129 Commercial Contributor in connection with its distribution of the 130 Program in a commercial product offering. The obligations in this 131 section do not apply to any claims or Losses relating to any actual or 132 alleged intellectual property infringement. In order to qualify, an 133 Indemnified Contributor must: a) promptly notify the Commercial 134 Contributor in writing of such claim, and b) allow the Commercial 135 Contributor to control, and cooperate with the Commercial Contributor 136 in, the defense and any related settlement negotiations. The Indemnified 137 Contributor may participate in any such 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 142 claims, or offers warranties related to Product X, those performance 143 claims and warranties are such Commercial Contributor's responsibility 144 alone. Under this section, the Commercial Contributor would have to 145 defend claims against the other Contributors related to those 146 performance claims and warranties, and if a court requires any other 147 Contributor to pay any damages as a result, the Commercial Contributor 148 must pay those damages. 149 150 *5. NO WARRANTY* 151 152 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 153 ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, 154 EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES 155 OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR 156 A PARTICULAR PURPOSE. Each Recipient is solely responsible for 157 determining the appropriateness of using and distributing the Program 158 and assumes all risks associated with its exercise of rights under this 159 Agreement , including but not limited to the risks and costs of program 160 errors, compliance with applicable laws, damage to or loss of data, 161 programs or equipment, and unavailability or interruption of operations. 162 163 *6. DISCLAIMER OF LIABILITY* 164 165 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 166 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 167 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 168 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 169 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 170 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 171 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 172 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 173 174 *7. GENERAL* 175 176 If any provision of this Agreement is invalid or unenforceable under 177 applicable law, it shall not affect the validity or enforceability of 178 the remainder of the terms of this Agreement, and without further action 179 by the parties hereto, such provision shall be reformed to the minimum 180 extent necessary to make such provision valid and enforceable. 181 182 If Recipient institutes patent litigation against any entity (including 183 a cross-claim or counterclaim in a lawsuit) alleging that the Program 184 itself (excluding combinations of the Program with other software or 185 hardware) infringes such Recipient's patent(s), then such Recipient's 186 rights granted under Section 2(b) shall terminate as of the date such 187 litigation is filed. 188 189 All Recipient's rights under this Agreement shall terminate if it fails 190 to comply with any of the material terms or conditions of this Agreement 191 and does not cure such failure in a reasonable period of time after 192 becoming aware of such noncompliance. If all Recipient's rights under 193 this Agreement terminate, Recipient agrees to cease use and distribution 194 of the Program as soon as reasonably practicable. However, Recipient's 195 obligations under this Agreement and any licenses granted by Recipient 196 relating to the Program shall continue and survive. 197 198 Everyone is permitted to copy and distribute copies of this Agreement, 199 but in order to avoid inconsistency the Agreement is copyrighted and may 200 only be modified in the following manner. The Agreement Steward reserves 201 the right to publish new versions (including revisions) of this 202 Agreement from time to time. No one other than the Agreement Steward has 203 the right to modify this Agreement. The Eclipse Foundation is the 204 initial Agreement Steward. The Eclipse Foundation may assign the 205 responsibility to serve as the Agreement Steward to a suitable separate 206 entity. Each new version of the Agreement will be given a distinguishing 207 version number. The Program (including Contributions) may always be 208 distributed subject to the version of the Agreement under which it was 209 received. In addition, after a new version of the Agreement is 210 published, Contributor may elect to distribute the Program (including 211 its Contributions) under the new version. Except as expressly stated in 212 Sections 2(a) and 2(b) above, Recipient receives no rights or licenses 213 to the intellectual property of any Contributor under this Agreement, 214 whether expressly, by implication, estoppel or otherwise. All rights in 215 the Program not expressly granted under this Agreement are reserved. 216 217 This Agreement is governed by the laws of the State of New York and the 218 intellectual property laws of the United States of America. No party to 219 this Agreement will bring a legal action under this Agreement more than 220 one year after the cause of action arose. Each party waives its rights 221 to a jury trial in any resulting litigation. 222 223 224 225
