david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 1 | <?xml version="1.0" encoding="ISO-8859-1" ?> |
| 2 | <!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> |
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david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 4 | |
| 5 | <head> |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 6 | <meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1" /> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 7 | <title>Eclipse Public License - Version 1.0</title> |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 8 | <style type="text/css"> |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 9 | body { |
| 10 | size: 8.5in 11.0in; |
| 11 | margin: 0.25in 0.5in 0.25in 0.5in; |
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| 26 | </style> |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 27 | |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 28 | </head> |
| 29 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 30 | <body lang="EN-US"> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 31 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 32 | <p align=center><b>Eclipse Public License - v 1.0</b></p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 33 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 34 | <p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS |
| 35 | ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 36 | DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS |
| 37 | AGREEMENT.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 38 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 39 | <p><b>1. DEFINITIONS</b></p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 40 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 41 | <p>"Contribution" means:</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 42 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 43 | <p class="list">a) in the case of the initial Contributor, the |
| 44 | initial code and documentation distributed under this Agreement, and</p> |
david_williams | f201007 | 2006-06-07 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 |
| 49 | originate from and are distributed by that particular Contributor. A |
| 50 | Contribution 'originates' from a Contributor if it was added to the |
| 51 | Program by such Contributor itself or anyone acting on such |
| 52 | Contributor's behalf. Contributions do not include additions to the |
| 53 | Program which: (i) are separate modules of software distributed in |
| 54 | conjunction with the Program under their own license agreement, and (ii) |
| 55 | are not derivative works of the Program.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 56 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 57 | <p>"Contributor" means any person or entity that |
| 58 | distributes the Program.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 59 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 60 | <p>"Licensed Patents" mean patent claims licensable by a |
| 61 | Contributor which are necessarily infringed by the use or sale of its |
| 62 | Contribution alone or when combined with the Program.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 63 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 64 | <p>"Program" means the Contributions distributed in |
| 65 | accordance with this Agreement.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 66 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 67 | <p>"Recipient" means anyone who receives the Program under |
| 68 | this Agreement, including all Contributors.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 69 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 70 | <p><b>2. GRANT OF RIGHTS</b></p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 71 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 72 | <p class="list">a) Subject to the terms of this Agreement, each |
| 73 | Contributor hereby grants Recipient a non-exclusive, worldwide, |
| 74 | royalty-free copyright license to reproduce, prepare derivative works |
| 75 | of, publicly display, publicly perform, distribute and sublicense the |
| 76 | Contribution of such Contributor, if any, and such derivative works, in |
| 77 | source code and object code form.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 78 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 79 | <p class="list">b) Subject to the terms of this Agreement, each |
| 80 | Contributor hereby grants Recipient a non-exclusive, worldwide, |
| 81 | royalty-free patent license under Licensed Patents to make, use, sell, |
| 82 | offer to sell, import and otherwise transfer the Contribution of such |
| 83 | Contributor, if any, in source code and object code form. This patent |
| 84 | license shall apply to the combination of the Contribution and the |
| 85 | Program if, at the time the Contribution is added by the Contributor, |
| 86 | such addition of the Contribution causes such combination to be covered |
| 87 | by the Licensed Patents. The patent license shall not apply to any other |
| 88 | combinations which include the Contribution. No hardware per se is |
| 89 | licensed hereunder.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 90 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 91 | <p class="list">c) Recipient understands that although each |
| 92 | Contributor grants the licenses to its Contributions set forth herein, |
| 93 | no assurances are provided by any Contributor that the Program does not |
| 94 | infringe the patent or other intellectual property rights of any other |
| 95 | entity. Each Contributor disclaims any liability to Recipient for claims |
| 96 | brought by any other entity based on infringement of intellectual |
| 97 | property rights or otherwise. As a condition to exercising the rights |
| 98 | and licenses granted hereunder, each Recipient hereby assumes sole |
| 99 | responsibility to secure any other intellectual property rights needed, |
| 100 | if any. For example, if a third party patent license is required to |
| 101 | allow Recipient to distribute the Program, it is Recipient's |
| 102 | responsibility to acquire that license before distributing the Program.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 103 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 104 | <p class="list">d) Each Contributor represents that to its knowledge |
| 105 | it has sufficient copyright rights in its Contribution, if any, to grant |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 106 | the copyright license set forth in this Agreement.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 107 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 108 | <p><b>3. REQUIREMENTS</b></p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 109 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 110 | <p>A Contributor may choose to distribute the Program in object code |
| 111 | form under its own license agreement, provided that:</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 112 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 113 | <p class="list">a) it complies with the terms and conditions of this |
| 114 | Agreement; and</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 115 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 116 | <p class="list">b) its license agreement:</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 117 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 118 | <p class="list">i) effectively disclaims on behalf of all |
| 119 | Contributors all warranties and conditions, express and implied, |
| 120 | including warranties or conditions of title and non-infringement, and |
| 121 | implied warranties or conditions of merchantability and fitness for a |
| 122 | particular purpose;</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 123 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 124 | <p class="list">ii) effectively excludes on behalf of all |
| 125 | Contributors all liability for damages, including direct, indirect, |
| 126 | special, incidental and consequential damages, such as lost profits;</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 127 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 128 | <p class="list">iii) states that any provisions which differ from |
| 129 | this Agreement are offered by that Contributor alone and not by any |
| 130 | other party; and</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 131 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 132 | <p class="list">iv) states that source code for the Program is |
| 133 | available from such Contributor, and informs licensees how to obtain it |
| 134 | in a reasonable manner on or through a medium customarily used for |
| 135 | software exchange.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 136 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 137 | <p>When the Program is made available in source code form:</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 138 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 139 | <p class="list">a) it must be made available under this Agreement; |
| 140 | and</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 141 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 142 | <p class="list">b) a copy of this Agreement must be included with |
| 143 | each copy of the Program.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 144 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 145 | <p>Contributors may not remove or alter any copyright notices |
| 146 | contained within the Program.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 147 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 148 | <p>Each Contributor must identify itself as the originator of its |
| 149 | Contribution, if any, in a manner that reasonably allows subsequent |
| 150 | Recipients to identify the originator of the Contribution.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 151 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 152 | <p><b>4. COMMERCIAL DISTRIBUTION</b></p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 153 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 154 | <p>Commercial distributors of software may accept certain |
| 155 | responsibilities with respect to end users, business partners and the |
| 156 | like. While this license is intended to facilitate the commercial use of |
| 157 | the Program, the Contributor who includes the Program in a commercial |
| 158 | product offering should do so in a manner which does not create |
| 159 | potential liability for other Contributors. Therefore, if a Contributor |
| 160 | includes the Program in a commercial product offering, such Contributor |
| 161 | ("Commercial Contributor") hereby agrees to defend and |
| 162 | indemnify every other Contributor ("Indemnified Contributor") |
| 163 | against any losses, damages and costs (collectively "Losses") |
| 164 | arising from claims, lawsuits and other legal actions brought by a third |
| 165 | party against the Indemnified Contributor to the extent caused by the |
| 166 | acts or omissions of such Commercial Contributor in connection with its |
| 167 | distribution of the Program in a commercial product offering. The |
| 168 | obligations in this section do not apply to any claims or Losses |
| 169 | relating to any actual or alleged intellectual property infringement. In |
| 170 | order to qualify, an Indemnified Contributor must: a) promptly notify |
| 171 | the Commercial Contributor in writing of such claim, and b) allow the |
| 172 | Commercial Contributor to control, and cooperate with the Commercial |
| 173 | Contributor in, the defense and any related settlement negotiations. The |
| 174 | Indemnified Contributor may participate in any such claim at its own |
| 175 | expense.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 176 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 177 | <p>For example, a Contributor might include the Program in a |
| 178 | commercial product offering, Product X. That Contributor is then a |
| 179 | Commercial Contributor. If that Commercial Contributor then makes |
| 180 | performance claims, or offers warranties related to Product X, those |
| 181 | performance claims and warranties are such Commercial Contributor's |
| 182 | responsibility alone. Under this section, the Commercial Contributor |
| 183 | would have to defend claims against the other Contributors related to |
| 184 | those performance claims and warranties, and if a court requires any |
| 185 | other Contributor to pay any damages as a result, the Commercial |
| 186 | Contributor must pay those damages.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 187 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 188 | <p><b>5. NO WARRANTY</b></p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 189 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 190 | <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS |
| 191 | PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS |
| 192 | OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, |
| 193 | ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY |
| 194 | OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely |
| 195 | responsible for determining the appropriateness of using and |
| 196 | distributing the Program and assumes all risks associated with its |
| 197 | exercise of rights under this Agreement , including but not limited to |
| 198 | the risks and costs of program errors, compliance with applicable laws, |
| 199 | damage to or loss of data, programs or equipment, and unavailability or |
| 200 | interruption of operations.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 201 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 202 | <p><b>6. DISCLAIMER OF LIABILITY</b></p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 203 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 204 | <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER |
| 205 | RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, |
| 206 | INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES |
| 207 | (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY |
| 208 | THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT |
| 209 | (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 210 | DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED |
| 211 | HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 212 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 213 | <p><b>7. GENERAL</b></p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 214 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 215 | <p>If any provision of this Agreement is invalid or unenforceable |
| 216 | under applicable law, it shall not affect the validity or enforceability |
| 217 | of the remainder of the terms of this Agreement, and without further |
| 218 | action by the parties hereto, such provision shall be reformed to the |
| 219 | minimum extent necessary to make such provision valid and enforceable.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 220 | |
david_williams | f201007 | 2006-06-07 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 |
| 223 | Program itself (excluding combinations of the Program with other |
| 224 | software or hardware) infringes such Recipient's patent(s), then such |
| 225 | Recipient's rights granted under Section 2(b) shall terminate as of the |
| 226 | date such litigation is filed.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 227 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 228 | <p>All Recipient's rights under this Agreement shall terminate if it |
| 229 | fails to comply with any of the material terms or conditions of this |
| 230 | Agreement and does not cure such failure in a reasonable period of time |
| 231 | after becoming aware of such noncompliance. If all Recipient's rights |
| 232 | under this Agreement terminate, Recipient agrees to cease use and |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 233 | distribution of the Program as soon as reasonably practicable. However, |
| 234 | Recipient's obligations under this Agreement and any licenses granted by |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 235 | Recipient relating to the Program shall continue and survive.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 236 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 237 | <p>Everyone is permitted to copy and distribute copies of this |
| 238 | Agreement, but in order to avoid inconsistency the Agreement is |
| 239 | copyrighted and may only be modified in the following manner. The |
| 240 | Agreement Steward reserves the right to publish new versions (including |
| 241 | revisions) of this Agreement from time to time. No one other than the |
| 242 | Agreement Steward has the right to modify this Agreement. The Eclipse |
| 243 | Foundation is the initial Agreement Steward. The Eclipse Foundation may |
| 244 | assign the responsibility to serve as the Agreement Steward to a |
| 245 | suitable separate entity. Each new version of the Agreement will be |
| 246 | given a distinguishing version number. The Program (including |
| 247 | Contributions) may always be distributed subject to the version of the |
| 248 | Agreement under which it was received. In addition, after a new version |
| 249 | of the Agreement is published, Contributor may elect to distribute the |
| 250 | Program (including its Contributions) under the new version. Except as |
| 251 | expressly stated in Sections 2(a) and 2(b) above, Recipient receives no |
| 252 | rights or licenses to the intellectual property of any Contributor under |
| 253 | this Agreement, whether expressly, by implication, estoppel or |
| 254 | otherwise. All rights in the Program not expressly granted under this |
| 255 | Agreement are reserved.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 256 | |
david_williams | 403beae | 2007-12-09 02:10:40 +0000 | [diff] [blame] | 257 | <p>This Agreement is governed by the laws of the State of New York |
| 258 | and the intellectual property laws of the United States of America. No |
| 259 | party to this Agreement will bring a legal action under this Agreement |
| 260 | more than one year after the cause of action arose. Each party waives |
| 261 | its rights to a jury trial in any resulting litigation.</p> |
david_williams | 072c6f7 | 2006-05-19 10:50:58 +0000 | [diff] [blame] | 262 | |
| 263 | </body> |
| 264 | |
david_williams | f201007 | 2006-06-07 04:15:12 +0000 | [diff] [blame] | 265 | </html> |