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| 5 | <title>Eclipse Public License - Version 1.0</title> |
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| 26 | <body lang="EN-US"> |
| 27 | |
| 28 | <h2>Eclipse Public License - v 1.0</h2> |
| 29 | |
| 30 | <p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE |
| 31 | PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR |
| 32 | DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS |
| 33 | AGREEMENT.</p> |
| 34 | |
| 35 | <p><b>1. DEFINITIONS</b></p> |
| 36 | |
| 37 | <p>"Contribution" means:</p> |
| 38 | |
| 39 | <p class="list">a) in the case of the initial Contributor, the initial |
| 40 | code and documentation distributed under this Agreement, and</p> |
| 41 | <p class="list">b) in the case of each subsequent Contributor:</p> |
| 42 | <p class="list">i) changes to the Program, and</p> |
| 43 | <p class="list">ii) additions to the Program;</p> |
| 44 | <p class="list">where such changes and/or additions to the Program |
| 45 | originate from and are distributed by that particular Contributor. A |
| 46 | Contribution 'originates' from a Contributor if it was added to the |
| 47 | Program by such Contributor itself or anyone acting on such |
| 48 | Contributor's behalf. Contributions do not include additions to the |
| 49 | Program which: (i) are separate modules of software distributed in |
| 50 | conjunction with the Program under their own license agreement, and (ii) |
| 51 | are not derivative works of the Program.</p> |
| 52 | |
| 53 | <p>"Contributor" means any person or entity that distributes |
| 54 | the Program.</p> |
| 55 | |
| 56 | <p>"Licensed Patents" mean patent claims licensable by a |
| 57 | Contributor which are necessarily infringed by the use or sale of its |
| 58 | Contribution alone or when combined with the Program.</p> |
| 59 | |
| 60 | <p>"Program" means the Contributions distributed in accordance |
| 61 | with this Agreement.</p> |
| 62 | |
| 63 | <p>"Recipient" means anyone who receives the Program under |
| 64 | this Agreement, including all Contributors.</p> |
| 65 | |
| 66 | <p><b>2. GRANT OF RIGHTS</b></p> |
| 67 | |
| 68 | <p class="list">a) Subject to the terms of this Agreement, each |
| 69 | Contributor hereby grants Recipient a non-exclusive, worldwide, |
| 70 | royalty-free copyright license to reproduce, prepare derivative works |
| 71 | of, publicly display, publicly perform, distribute and sublicense the |
| 72 | Contribution of such Contributor, if any, and such derivative works, in |
| 73 | source code and object code form.</p> |
| 74 | |
| 75 | <p class="list">b) Subject to the terms of this Agreement, each |
| 76 | Contributor hereby grants Recipient a non-exclusive, worldwide, |
| 77 | royalty-free patent license under Licensed Patents to make, use, sell, |
| 78 | offer to sell, import and otherwise transfer the Contribution of such |
| 79 | Contributor, if any, in source code and object code form. This patent |
| 80 | license shall apply to the combination of the Contribution and the |
| 81 | Program if, at the time the Contribution is added by the Contributor, |
| 82 | such addition of the Contribution causes such combination to be covered |
| 83 | by the Licensed Patents. The patent license shall not apply to any other |
| 84 | combinations which include the Contribution. No hardware per se is |
| 85 | licensed hereunder.</p> |
| 86 | |
| 87 | <p class="list">c) Recipient understands that although each Contributor |
| 88 | grants the licenses to its Contributions set forth herein, no assurances |
| 89 | are provided by any Contributor that the Program does not infringe the |
| 90 | patent or other intellectual property rights of any other entity. Each |
| 91 | Contributor disclaims any liability to Recipient for claims brought by |
| 92 | any other entity based on infringement of intellectual property rights |
| 93 | or otherwise. As a condition to exercising the rights and licenses |
| 94 | granted hereunder, each Recipient hereby assumes sole responsibility to |
| 95 | secure any other intellectual property rights needed, if any. For |
| 96 | example, if a third party patent license is required to allow Recipient |
| 97 | to distribute the Program, it is Recipient's responsibility to acquire |
| 98 | that license before distributing the Program.</p> |
| 99 | |
| 100 | <p class="list">d) Each Contributor represents that to its knowledge it |
| 101 | has sufficient copyright rights in its Contribution, if any, to grant |
| 102 | the copyright license set forth in this Agreement.</p> |
| 103 | |
| 104 | <p><b>3. REQUIREMENTS</b></p> |
| 105 | |
| 106 | <p>A Contributor may choose to distribute the Program in object code |
| 107 | form under its own license agreement, provided that:</p> |
| 108 | |
| 109 | <p class="list">a) it complies with the terms and conditions of this |
| 110 | Agreement; and</p> |
| 111 | |
| 112 | <p class="list">b) its license agreement:</p> |
| 113 | |
| 114 | <p class="list">i) effectively disclaims on behalf of all Contributors |
| 115 | all warranties and conditions, express and implied, including warranties |
| 116 | or conditions of title and non-infringement, and implied warranties or |
| 117 | conditions of merchantability and fitness for a particular purpose;</p> |
| 118 | |
| 119 | <p class="list">ii) effectively excludes on behalf of all Contributors |
| 120 | all liability for damages, including direct, indirect, special, |
| 121 | incidental and consequential damages, such as lost profits;</p> |
| 122 | |
| 123 | <p class="list">iii) states that any provisions which differ from this |
| 124 | Agreement are offered by that Contributor alone and not by any other |
| 125 | party; and</p> |
| 126 | |
| 127 | <p class="list">iv) states that source code for the Program is available |
| 128 | from such Contributor, and informs licensees how to obtain it in a |
| 129 | reasonable manner on or through a medium customarily used for software |
| 130 | exchange.</p> |
| 131 | |
| 132 | <p>When the Program is made available in source code form:</p> |
| 133 | |
| 134 | <p class="list">a) it must be made available under this Agreement; and</p> |
| 135 | |
| 136 | <p class="list">b) a copy of this Agreement must be included with each |
| 137 | copy of the Program.</p> |
| 138 | |
| 139 | <p>Contributors may not remove or alter any copyright notices contained |
| 140 | within the Program.</p> |
| 141 | |
| 142 | <p>Each Contributor must identify itself as the originator of its |
| 143 | Contribution, if any, in a manner that reasonably allows subsequent |
| 144 | Recipients to identify the originator of the Contribution.</p> |
| 145 | |
| 146 | <p><b>4. COMMERCIAL DISTRIBUTION</b></p> |
| 147 | |
| 148 | <p>Commercial distributors of software may accept certain |
| 149 | responsibilities with respect to end users, business partners and the |
| 150 | like. While this license is intended to facilitate the commercial use of |
| 151 | the Program, the Contributor who includes the Program in a commercial |
| 152 | product offering should do so in a manner which does not create |
| 153 | potential liability for other Contributors. Therefore, if a Contributor |
| 154 | includes the Program in a commercial product offering, such Contributor |
| 155 | ("Commercial Contributor") hereby agrees to defend and |
| 156 | indemnify every other Contributor ("Indemnified Contributor") |
| 157 | against any losses, damages and costs (collectively "Losses") |
| 158 | arising from claims, lawsuits and other legal actions brought by a third |
| 159 | party against the Indemnified Contributor to the extent caused by the |
| 160 | acts or omissions of such Commercial Contributor in connection with its |
| 161 | distribution of the Program in a commercial product offering. The |
| 162 | obligations in this section do not apply to any claims or Losses |
| 163 | relating to any actual or alleged intellectual property infringement. In |
| 164 | order to qualify, an Indemnified Contributor must: a) promptly notify |
| 165 | the Commercial Contributor in writing of such claim, and b) allow the |
| 166 | Commercial Contributor to control, and cooperate with the Commercial |
| 167 | Contributor in, the defense and any related settlement negotiations. The |
| 168 | Indemnified Contributor may participate in any such claim at its own |
| 169 | expense.</p> |
| 170 | |
| 171 | <p>For example, a Contributor might include the Program in a commercial |
| 172 | product offering, Product X. That Contributor is then a Commercial |
| 173 | Contributor. If that Commercial Contributor then makes performance |
| 174 | claims, or offers warranties related to Product X, those performance |
| 175 | claims and warranties are such Commercial Contributor's responsibility |
| 176 | alone. Under this section, the Commercial Contributor would have to |
| 177 | defend claims against the other Contributors related to those |
| 178 | performance claims and warranties, and if a court requires any other |
| 179 | Contributor to pay any damages as a result, the Commercial Contributor |
| 180 | must pay those damages.</p> |
| 181 | |
| 182 | <p><b>5. NO WARRANTY</b></p> |
| 183 | |
| 184 | <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS |
| 185 | PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS |
| 186 | OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, |
| 187 | ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY |
| 188 | OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely |
| 189 | responsible for determining the appropriateness of using and |
| 190 | distributing the Program and assumes all risks associated with its |
| 191 | exercise of rights under this Agreement , including but not limited to |
| 192 | the risks and costs of program errors, compliance with applicable laws, |
| 193 | damage to or loss of data, programs or equipment, and unavailability or |
| 194 | interruption of operations.</p> |
| 195 | |
| 196 | <p><b>6. DISCLAIMER OF LIABILITY</b></p> |
| 197 | |
| 198 | <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT |
| 199 | NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, |
| 200 | INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
| 201 | WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF |
| 202 | LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
| 203 | NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR |
| 204 | DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED |
| 205 | HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p> |
| 206 | |
| 207 | <p><b>7. GENERAL</b></p> |
| 208 | |
| 209 | <p>If any provision of this Agreement is invalid or unenforceable under |
| 210 | applicable law, it shall not affect the validity or enforceability of |
| 211 | the remainder of the terms of this Agreement, and without further action |
| 212 | by the parties hereto, such provision shall be reformed to the minimum |
| 213 | extent necessary to make such provision valid and enforceable.</p> |
| 214 | |
| 215 | <p>If Recipient institutes patent litigation against any entity |
| 216 | (including a cross-claim or counterclaim in a lawsuit) alleging that the |
| 217 | Program itself (excluding combinations of the Program with other |
| 218 | software or hardware) infringes such Recipient's patent(s), then such |
| 219 | Recipient's rights granted under Section 2(b) shall terminate as of the |
| 220 | date such litigation is filed.</p> |
| 221 | |
| 222 | <p>All Recipient's rights under this Agreement shall terminate if it |
| 223 | fails to comply with any of the material terms or conditions of this |
| 224 | Agreement and does not cure such failure in a reasonable period of time |
| 225 | after becoming aware of such noncompliance. If all Recipient's rights |
| 226 | under this Agreement terminate, Recipient agrees to cease use and |
| 227 | distribution of the Program as soon as reasonably practicable. However, |
| 228 | Recipient's obligations under this Agreement and any licenses granted by |
| 229 | Recipient relating to the Program shall continue and survive.</p> |
| 230 | |
| 231 | <p>Everyone is permitted to copy and distribute copies of this |
| 232 | Agreement, but in order to avoid inconsistency the Agreement is |
| 233 | copyrighted and may only be modified in the following manner. The |
| 234 | Agreement Steward reserves the right to publish new versions (including |
| 235 | revisions) of this Agreement from time to time. No one other than the |
| 236 | Agreement Steward has the right to modify this Agreement. The Eclipse |
| 237 | Foundation is the initial Agreement Steward. The Eclipse Foundation may |
| 238 | assign the responsibility to serve as the Agreement Steward to a |
| 239 | suitable separate entity. Each new version of the Agreement will be |
| 240 | given a distinguishing version number. The Program (including |
| 241 | Contributions) may always be distributed subject to the version of the |
| 242 | Agreement under which it was received. In addition, after a new version |
| 243 | of the Agreement is published, Contributor may elect to distribute the |
| 244 | Program (including its Contributions) under the new version. Except as |
| 245 | expressly stated in Sections 2(a) and 2(b) above, Recipient receives no |
| 246 | rights or licenses to the intellectual property of any Contributor under |
| 247 | this Agreement, whether expressly, by implication, estoppel or |
| 248 | otherwise. All rights in the Program not expressly granted under this |
| 249 | Agreement are reserved.</p> |
| 250 | |
| 251 | <p>This Agreement is governed by the laws of the State of New York and |
| 252 | the intellectual property laws of the United States of America. No party |
| 253 | to this Agreement will bring a legal action under this Agreement more |
| 254 | than one year after the cause of action arose. Each party waives its |
| 255 | rights to a jury trial in any resulting litigation.</p> |
| 256 | |
| 257 | |
| 258 | |
| 259 | </body></html> |