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