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