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git.eclipse.org / webtools / webtools.releng / ed25762b3d9264b8a5aae3180225b83881ff37cc / . / releng.wtpbuilder / rootfiles / epl-v10.html
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david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]7<title>Eclipse Public License - Version 1.0</title>
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29
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david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]31
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]32<p align=center><b>Eclipse Public License - v 1.0</b></p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]33
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]34<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS
35ECLIPSE PUBLIC LICENSE (&quot;AGREEMENT&quot;). ANY USE, REPRODUCTION OR
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]36DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
37AGREEMENT.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]38
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]39<p><b>1. DEFINITIONS</b></p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]40
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]41<p>&quot;Contribution&quot; means:</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]42
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]43<p class="list">a) in the case of the initial Contributor, the
44initial code and documentation distributed under this Agreement, and</p>
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]45<p class="list">b) in the case of each subsequent Contributor:</p>
46<p class="list">i) changes to the Program, and</p>
47<p class="list">ii) additions to the Program;</p>
48<p class="list">where such changes and/or additions to the Program
49originate from and are distributed by that particular Contributor. A
50Contribution 'originates' from a Contributor if it was added to the
51Program by such Contributor itself or anyone acting on such
52Contributor's behalf. Contributions do not include additions to the
53Program which: (i) are separate modules of software distributed in
54conjunction with the Program under their own license agreement, and (ii)
55are not derivative works of the Program.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]56
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]57<p>&quot;Contributor&quot; means any person or entity that
58distributes the Program.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]59
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]60<p>&quot;Licensed Patents&quot; mean patent claims licensable by a
61Contributor which are necessarily infringed by the use or sale of its
62Contribution alone or when combined with the Program.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]63
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]64<p>&quot;Program&quot; means the Contributions distributed in
65accordance with this Agreement.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]66
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]67<p>&quot;Recipient&quot; means anyone who receives the Program under
68this Agreement, including all Contributors.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]69
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]70<p><b>2. GRANT OF RIGHTS</b></p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]71
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]72<p class="list">a) Subject to the terms of this Agreement, each
73Contributor hereby grants Recipient a non-exclusive, worldwide,
74royalty-free copyright license to reproduce, prepare derivative works
75of, publicly display, publicly perform, distribute and sublicense the
76Contribution of such Contributor, if any, and such derivative works, in
77source code and object code form.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]78
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]79<p class="list">b) Subject to the terms of this Agreement, each
80Contributor hereby grants Recipient a non-exclusive, worldwide,
81royalty-free patent license under Licensed Patents to make, use, sell,
82offer to sell, import and otherwise transfer the Contribution of such
83Contributor, if any, in source code and object code form. This patent
84license shall apply to the combination of the Contribution and the
85Program if, at the time the Contribution is added by the Contributor,
86such addition of the Contribution causes such combination to be covered
87by the Licensed Patents. The patent license shall not apply to any other
88combinations which include the Contribution. No hardware per se is
89licensed hereunder.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]90
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]91<p class="list">c) Recipient understands that although each
92Contributor grants the licenses to its Contributions set forth herein,
93no assurances are provided by any Contributor that the Program does not
94infringe the patent or other intellectual property rights of any other
95entity. Each Contributor disclaims any liability to Recipient for claims
96brought by any other entity based on infringement of intellectual
97property rights or otherwise. As a condition to exercising the rights
98and licenses granted hereunder, each Recipient hereby assumes sole
99responsibility to secure any other intellectual property rights needed,
100if any. For example, if a third party patent license is required to
101allow Recipient to distribute the Program, it is Recipient's
102responsibility to acquire that license before distributing the Program.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]103
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]104<p class="list">d) Each Contributor represents that to its knowledge
105it has sufficient copyright rights in its Contribution, if any, to grant
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]106the copyright license set forth in this Agreement.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]107
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]108<p><b>3. REQUIREMENTS</b></p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]109
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]110<p>A Contributor may choose to distribute the Program in object code
111form under its own license agreement, provided that:</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]112
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]113<p class="list">a) it complies with the terms and conditions of this
114Agreement; and</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]115
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]116<p class="list">b) its license agreement:</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]117
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]118<p class="list">i) effectively disclaims on behalf of all
119Contributors all warranties and conditions, express and implied,
120including warranties or conditions of title and non-infringement, and
121implied warranties or conditions of merchantability and fitness for a
122particular purpose;</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]123
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]124<p class="list">ii) effectively excludes on behalf of all
125Contributors all liability for damages, including direct, indirect,
126special, incidental and consequential damages, such as lost profits;</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]127
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]128<p class="list">iii) states that any provisions which differ from
129this Agreement are offered by that Contributor alone and not by any
130other party; and</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]131
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]132<p class="list">iv) states that source code for the Program is
133available from such Contributor, and informs licensees how to obtain it
134in a reasonable manner on or through a medium customarily used for
135software exchange.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]136
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]137<p>When the Program is made available in source code form:</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]138
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]139<p class="list">a) it must be made available under this Agreement;
140and</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]141
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]142<p class="list">b) a copy of this Agreement must be included with
143each copy of the Program.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]144
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]145<p>Contributors may not remove or alter any copyright notices
146contained within the Program.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]147
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]148<p>Each Contributor must identify itself as the originator of its
149Contribution, if any, in a manner that reasonably allows subsequent
150Recipients to identify the originator of the Contribution.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]151
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]152<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]153
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]154<p>Commercial distributors of software may accept certain
155responsibilities with respect to end users, business partners and the
156like. While this license is intended to facilitate the commercial use of
157the Program, the Contributor who includes the Program in a commercial
158product offering should do so in a manner which does not create
159potential liability for other Contributors. Therefore, if a Contributor
160includes the Program in a commercial product offering, such Contributor
161(&quot;Commercial Contributor&quot;) hereby agrees to defend and
162indemnify every other Contributor (&quot;Indemnified Contributor&quot;)
163against any losses, damages and costs (collectively &quot;Losses&quot;)
164arising from claims, lawsuits and other legal actions brought by a third
165party against the Indemnified Contributor to the extent caused by the
166acts or omissions of such Commercial Contributor in connection with its
167distribution of the Program in a commercial product offering. The
168obligations in this section do not apply to any claims or Losses
169relating to any actual or alleged intellectual property infringement. In
170order to qualify, an Indemnified Contributor must: a) promptly notify
171the Commercial Contributor in writing of such claim, and b) allow the
172Commercial Contributor to control, and cooperate with the Commercial
173Contributor in, the defense and any related settlement negotiations. The
174Indemnified Contributor may participate in any such claim at its own
175expense.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]176
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]177<p>For example, a Contributor might include the Program in a
178commercial product offering, Product X. That Contributor is then a
179Commercial Contributor. If that Commercial Contributor then makes
180performance claims, or offers warranties related to Product X, those
181performance claims and warranties are such Commercial Contributor's
182responsibility alone. Under this section, the Commercial Contributor
183would have to defend claims against the other Contributors related to
184those performance claims and warranties, and if a court requires any
185other Contributor to pay any damages as a result, the Commercial
186Contributor must pay those damages.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]187
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]188<p><b>5. NO WARRANTY</b></p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]189
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]190<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
191PROVIDED ON AN &quot;AS IS&quot; BASIS, WITHOUT WARRANTIES OR CONDITIONS
192OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
193ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
194OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
195responsible for determining the appropriateness of using and
196distributing the Program and assumes all risks associated with its
197exercise of rights under this Agreement , including but not limited to
198the risks and costs of program errors, compliance with applicable laws,
199damage to or loss of data, programs or equipment, and unavailability or
200interruption of operations.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]201
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]202<p><b>6. DISCLAIMER OF LIABILITY</b></p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]203
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]204<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER
205RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
206INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
207(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY
208THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
209(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]210DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
211HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]212
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]213<p><b>7. GENERAL</b></p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]214
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]215<p>If any provision of this Agreement is invalid or unenforceable
216under applicable law, it shall not affect the validity or enforceability
217of the remainder of the terms of this Agreement, and without further
218action by the parties hereto, such provision shall be reformed to the
219minimum extent necessary to make such provision valid and enforceable.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]220
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]221<p>If Recipient institutes patent litigation against any entity
222(including a cross-claim or counterclaim in a lawsuit) alleging that the
223Program itself (excluding combinations of the Program with other
224software or hardware) infringes such Recipient's patent(s), then such
225Recipient's rights granted under Section 2(b) shall terminate as of the
226date such litigation is filed.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]227
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]228<p>All Recipient's rights under this Agreement shall terminate if it
229fails to comply with any of the material terms or conditions of this
230Agreement and does not cure such failure in a reasonable period of time
231after becoming aware of such noncompliance. If all Recipient's rights
232under this Agreement terminate, Recipient agrees to cease use and
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]233distribution of the Program as soon as reasonably practicable. However,
234Recipient's obligations under this Agreement and any licenses granted by
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]235Recipient relating to the Program shall continue and survive.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]236
david_williamsf2010072006-06-07 04:15:12 +0000[diff] [blame]237<p>Everyone is permitted to copy and distribute copies of this
238Agreement, but in order to avoid inconsistency the Agreement is
239copyrighted and may only be modified in the following manner. The
240Agreement Steward reserves the right to publish new versions (including
241revisions) of this Agreement from time to time. No one other than the
242Agreement Steward has the right to modify this Agreement. The Eclipse
243Foundation is the initial Agreement Steward. The Eclipse Foundation may
244assign the responsibility to serve as the Agreement Steward to a
245suitable separate entity. Each new version of the Agreement will be
246given a distinguishing version number. The Program (including
247Contributions) may always be distributed subject to the version of the
248Agreement under which it was received. In addition, after a new version
249of the Agreement is published, Contributor may elect to distribute the
250Program (including its Contributions) under the new version. Except as
251expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
252rights or licenses to the intellectual property of any Contributor under
253this Agreement, whether expressly, by implication, estoppel or
254otherwise. All rights in the Program not expressly granted under this
255Agreement are reserved.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]256
david_williams403beae2007-12-09 02:10:40 +0000[diff] [blame]257<p>This Agreement is governed by the laws of the State of New York
258and the intellectual property laws of the United States of America. No
259party to this Agreement will bring a legal action under this Agreement
260more than one year after the cause of action arose. Each party waives
261its rights to a jury trial in any resulting litigation.</p>
david_williams072c6f72006-05-19 10:50:58 +0000[diff] [blame]262
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