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