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