|
0
|
1 |
<!DOCTYPE HTML PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd">
|
|
|
2 |
<html xmlns="http://www.w3.org/1999/xhtml"><head>
|
|
|
3 |
|
|
|
4 |
|
|
|
5 |
|
|
|
6 |
|
|
|
7 |
<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1">
|
|
|
8 |
<title>Eclipse Public License - Version 1.0</title>
|
|
|
9 |
<style type="text/css">
|
|
|
10 |
body {
|
|
|
11 |
size: 8.5in 11.0in;
|
|
|
12 |
margin: 0.25in 0.5in 0.25in 0.5in;
|
|
|
13 |
tab-interval: 0.5in;
|
|
|
14 |
}
|
|
|
15 |
p {
|
|
|
16 |
margin-left: auto;
|
|
|
17 |
margin-top: 0.5em;
|
|
|
18 |
margin-bottom: 0.5em;
|
|
|
19 |
}
|
|
|
20 |
p.list {
|
|
|
21 |
margin-left: 0.5in;
|
|
|
22 |
margin-top: 0.05em;
|
|
|
23 |
margin-bottom: 0.05em;
|
|
|
24 |
}
|
|
|
25 |
</style>
|
|
|
26 |
|
|
|
27 |
</head><body lang="EN-US">
|
|
|
28 |
|
|
|
29 |
<h2>Eclipse Public License - v 1.0</h2>
|
|
|
30 |
|
|
|
31 |
<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
|
|
|
32 |
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
|
|
|
33 |
DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
|
|
|
34 |
AGREEMENT.</p>
|
|
|
35 |
|
|
|
36 |
<p><b>1. DEFINITIONS</b></p>
|
|
|
37 |
|
|
|
38 |
<p>"Contribution" means:</p>
|
|
|
39 |
|
|
|
40 |
<p class="list">a) in the case of the initial Contributor, the initial
|
|
|
41 |
code and documentation distributed under this Agreement, and</p>
|
|
|
42 |
<p class="list">b) in the case of each subsequent Contributor:</p>
|
|
|
43 |
<p class="list">i) changes to the Program, and</p>
|
|
|
44 |
<p class="list">ii) additions to the Program;</p>
|
|
|
45 |
<p class="list">where such changes and/or additions to the Program
|
|
|
46 |
originate from and are distributed by that particular Contributor. A
|
|
|
47 |
Contribution 'originates' from a Contributor if it was added to the
|
|
|
48 |
Program by such Contributor itself or anyone acting on such
|
|
|
49 |
Contributor's behalf. Contributions do not include additions to the
|
|
|
50 |
Program which: (i) are separate modules of software distributed in
|
|
|
51 |
conjunction with the Program under their own license agreement, and (ii)
|
|
|
52 |
are not derivative works of the Program.</p>
|
|
|
53 |
|
|
|
54 |
<p>"Contributor" means any person or entity that distributes
|
|
|
55 |
the Program.</p>
|
|
|
56 |
|
|
|
57 |
<p>"Licensed Patents" mean patent claims licensable by a
|
|
|
58 |
Contributor which are necessarily infringed by the use or sale of its
|
|
|
59 |
Contribution alone or when combined with the Program.</p>
|
|
|
60 |
|
|
|
61 |
<p>"Program" means the Contributions distributed in accordance
|
|
|
62 |
with this Agreement.</p>
|
|
|
63 |
|
|
|
64 |
<p>"Recipient" means anyone who receives the Program under
|
|
|
65 |
this Agreement, including all Contributors.</p>
|
|
|
66 |
|
|
|
67 |
<p><b>2. GRANT OF RIGHTS</b></p>
|
|
|
68 |
|
|
|
69 |
<p class="list">a) Subject to the terms of this Agreement, each
|
|
|
70 |
Contributor hereby grants Recipient a non-exclusive, worldwide,
|
|
|
71 |
royalty-free copyright license to reproduce, prepare derivative works
|
|
|
72 |
of, publicly display, publicly perform, distribute and sublicense the
|
|
|
73 |
Contribution of such Contributor, if any, and such derivative works, in
|
|
|
74 |
source code and object code form.</p>
|
|
|
75 |
|
|
|
76 |
<p class="list">b) Subject to the terms of this Agreement, each
|
|
|
77 |
Contributor hereby grants Recipient a non-exclusive, worldwide,
|
|
|
78 |
royalty-free patent license under Licensed Patents to make, use, sell,
|
|
|
79 |
offer to sell, import and otherwise transfer the Contribution of such
|
|
|
80 |
Contributor, if any, in source code and object code form. This patent
|
|
|
81 |
license shall apply to the combination of the Contribution and the
|
|
|
82 |
Program if, at the time the Contribution is added by the Contributor,
|
|
|
83 |
such addition of the Contribution causes such combination to be covered
|
|
|
84 |
by the Licensed Patents. The patent license shall not apply to any other
|
|
|
85 |
combinations which include the Contribution. No hardware per se is
|
|
|
86 |
licensed hereunder.</p>
|
|
|
87 |
|
|
|
88 |
<p class="list">c) Recipient understands that although each Contributor
|
|
|
89 |
grants the licenses to its Contributions set forth herein, no assurances
|
|
|
90 |
are provided by any Contributor that the Program does not infringe the
|
|
|
91 |
patent or other intellectual property rights of any other entity. Each
|
|
|
92 |
Contributor disclaims any liability to Recipient for claims brought by
|
|
|
93 |
any other entity based on infringement of intellectual property rights
|
|
|
94 |
or otherwise. As a condition to exercising the rights and licenses
|
|
|
95 |
granted hereunder, each Recipient hereby assumes sole responsibility to
|
|
|
96 |
secure any other intellectual property rights needed, if any. For
|
|
|
97 |
example, if a third party patent license is required to allow Recipient
|
|
|
98 |
to distribute the Program, it is Recipient's responsibility to acquire
|
|
|
99 |
that license before distributing the Program.</p>
|
|
|
100 |
|
|
|
101 |
<p class="list">d) Each Contributor represents that to its knowledge it
|
|
|
102 |
has sufficient copyright rights in its Contribution, if any, to grant
|
|
|
103 |
the copyright license set forth in this Agreement.</p>
|
|
|
104 |
|
|
|
105 |
<p><b>3. REQUIREMENTS</b></p>
|
|
|
106 |
|
|
|
107 |
<p>A Contributor may choose to distribute the Program in object code
|
|
|
108 |
form under its own license agreement, provided that:</p>
|
|
|
109 |
|
|
|
110 |
<p class="list">a) it complies with the terms and conditions of this
|
|
|
111 |
Agreement; and</p>
|
|
|
112 |
|
|
|
113 |
<p class="list">b) its license agreement:</p>
|
|
|
114 |
|
|
|
115 |
<p class="list">i) effectively disclaims on behalf of all Contributors
|
|
|
116 |
all warranties and conditions, express and implied, including warranties
|
|
|
117 |
or conditions of title and non-infringement, and implied warranties or
|
|
|
118 |
conditions of merchantability and fitness for a particular purpose;</p>
|
|
|
119 |
|
|
|
120 |
<p class="list">ii) effectively excludes on behalf of all Contributors
|
|
|
121 |
all liability for damages, including direct, indirect, special,
|
|
|
122 |
incidental and consequential damages, such as lost profits;</p>
|
|
|
123 |
|
|
|
124 |
<p class="list">iii) states that any provisions which differ from this
|
|
|
125 |
Agreement are offered by that Contributor alone and not by any other
|
|
|
126 |
party; and</p>
|
|
|
127 |
|
|
|
128 |
<p class="list">iv) states that source code for the Program is available
|
|
|
129 |
from such Contributor, and informs licensees how to obtain it in a
|
|
|
130 |
reasonable manner on or through a medium customarily used for software
|
|
|
131 |
exchange.</p>
|
|
|
132 |
|
|
|
133 |
<p>When the Program is made available in source code form:</p>
|
|
|
134 |
|
|
|
135 |
<p class="list">a) it must be made available under this Agreement; and</p>
|
|
|
136 |
|
|
|
137 |
<p class="list">b) a copy of this Agreement must be included with each
|
|
|
138 |
copy of the Program.</p>
|
|
|
139 |
|
|
|
140 |
<p>Contributors may not remove or alter any copyright notices contained
|
|
|
141 |
within the Program.</p>
|
|
|
142 |
|
|
|
143 |
<p>Each Contributor must identify itself as the originator of its
|
|
|
144 |
Contribution, if any, in a manner that reasonably allows subsequent
|
|
|
145 |
Recipients to identify the originator of the Contribution.</p>
|
|
|
146 |
|
|
|
147 |
<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
|
|
|
148 |
|
|
|
149 |
<p>Commercial distributors of software may accept certain
|
|
|
150 |
responsibilities with respect to end users, business partners and the
|
|
|
151 |
like. While this license is intended to facilitate the commercial use of
|
|
|
152 |
the Program, the Contributor who includes the Program in a commercial
|
|
|
153 |
product offering should do so in a manner which does not create
|
|
|
154 |
potential liability for other Contributors. Therefore, if a Contributor
|
|
|
155 |
includes the Program in a commercial product offering, such Contributor
|
|
|
156 |
("Commercial Contributor") hereby agrees to defend and
|
|
|
157 |
indemnify every other Contributor ("Indemnified Contributor")
|
|
|
158 |
against any losses, damages and costs (collectively "Losses")
|
|
|
159 |
arising from claims, lawsuits and other legal actions brought by a third
|
|
|
160 |
party against the Indemnified Contributor to the extent caused by the
|
|
|
161 |
acts or omissions of such Commercial Contributor in connection with its
|
|
|
162 |
distribution of the Program in a commercial product offering. The
|
|
|
163 |
obligations in this section do not apply to any claims or Losses
|
|
|
164 |
relating to any actual or alleged intellectual property infringement. In
|
|
|
165 |
order to qualify, an Indemnified Contributor must: a) promptly notify
|
|
|
166 |
the Commercial Contributor in writing of such claim, and b) allow the
|
|
|
167 |
Commercial Contributor to control, and cooperate with the Commercial
|
|
|
168 |
Contributor in, the defense and any related settlement negotiations. The
|
|
|
169 |
Indemnified Contributor may participate in any such claim at its own
|
|
|
170 |
expense.</p>
|
|
|
171 |
|
|
|
172 |
<p>For example, a Contributor might include the Program in a commercial
|
|
|
173 |
product offering, Product X. That Contributor is then a Commercial
|
|
|
174 |
Contributor. If that Commercial Contributor then makes performance
|
|
|
175 |
claims, or offers warranties related to Product X, those performance
|
|
|
176 |
claims and warranties are such Commercial Contributor's responsibility
|
|
|
177 |
alone. Under this section, the Commercial Contributor would have to
|
|
|
178 |
defend claims against the other Contributors related to those
|
|
|
179 |
performance claims and warranties, and if a court requires any other
|
|
|
180 |
Contributor to pay any damages as a result, the Commercial Contributor
|
|
|
181 |
must pay those damages.</p>
|
|
|
182 |
|
|
|
183 |
<p><b>5. NO WARRANTY</b></p>
|
|
|
184 |
|
|
|
185 |
<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
|
|
|
186 |
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
|
|
|
187 |
OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
|
|
|
188 |
ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
|
|
|
189 |
OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
|
|
|
190 |
responsible for determining the appropriateness of using and
|
|
|
191 |
distributing the Program and assumes all risks associated with its
|
|
|
192 |
exercise of rights under this Agreement , including but not limited to
|
|
|
193 |
the risks and costs of program errors, compliance with applicable laws,
|
|
|
194 |
damage to or loss of data, programs or equipment, and unavailability or
|
|
|
195 |
interruption of operations.</p>
|
|
|
196 |
|
|
|
197 |
<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
|
|
198 |
|
|
|
199 |
<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
|
|
|
200 |
NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
|
|
|
201 |
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
|
|
|
202 |
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
|
|
|
203 |
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
|
|
|
204 |
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
|
|
|
205 |
DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
|
|
|
206 |
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
|
|
|
207 |
|
|
|
208 |
<p><b>7. GENERAL</b></p>
|
|
|
209 |
|
|
|
210 |
<p>If any provision of this Agreement is invalid or unenforceable under
|
|
|
211 |
applicable law, it shall not affect the validity or enforceability of
|
|
|
212 |
the remainder of the terms of this Agreement, and without further action
|
|
|
213 |
by the parties hereto, such provision shall be reformed to the minimum
|
|
|
214 |
extent necessary to make such provision valid and enforceable.</p>
|
|
|
215 |
|
|
|
216 |
<p>If Recipient institutes patent litigation against any entity
|
|
|
217 |
(including a cross-claim or counterclaim in a lawsuit) alleging that the
|
|
|
218 |
Program itself (excluding combinations of the Program with other
|
|
|
219 |
software or hardware) infringes such Recipient's patent(s), then such
|
|
|
220 |
Recipient's rights granted under Section 2(b) shall terminate as of the
|
|
|
221 |
date such litigation is filed.</p>
|
|
|
222 |
|
|
|
223 |
<p>All Recipient's rights under this Agreement shall terminate if it
|
|
|
224 |
fails to comply with any of the material terms or conditions of this
|
|
|
225 |
Agreement and does not cure such failure in a reasonable period of time
|
|
|
226 |
after becoming aware of such noncompliance. If all Recipient's rights
|
|
|
227 |
under this Agreement terminate, Recipient agrees to cease use and
|
|
|
228 |
distribution of the Program as soon as reasonably practicable. However,
|
|
|
229 |
Recipient's obligations under this Agreement and any licenses granted by
|
|
|
230 |
Recipient relating to the Program shall continue and survive.</p>
|
|
|
231 |
|
|
|
232 |
<p>Everyone is permitted to copy and distribute copies of this
|
|
|
233 |
Agreement, but in order to avoid inconsistency the Agreement is
|
|
|
234 |
copyrighted and may only be modified in the following manner. The
|
|
|
235 |
Agreement Steward reserves the right to publish new versions (including
|
|
|
236 |
revisions) of this Agreement from time to time. No one other than the
|
|
|
237 |
Agreement Steward has the right to modify this Agreement. The Eclipse
|
|
|
238 |
Foundation is the initial Agreement Steward. The Eclipse Foundation may
|
|
|
239 |
assign the responsibility to serve as the Agreement Steward to a
|
|
|
240 |
suitable separate entity. Each new version of the Agreement will be
|
|
|
241 |
given a distinguishing version number. The Program (including
|
|
|
242 |
Contributions) may always be distributed subject to the version of the
|
|
|
243 |
Agreement under which it was received. In addition, after a new version
|
|
|
244 |
of the Agreement is published, Contributor may elect to distribute the
|
|
|
245 |
Program (including its Contributions) under the new version. Except as
|
|
|
246 |
expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
|
|
|
247 |
rights or licenses to the intellectual property of any Contributor under
|
|
|
248 |
this Agreement, whether expressly, by implication, estoppel or
|
|
|
249 |
otherwise. All rights in the Program not expressly granted under this
|
|
|
250 |
Agreement are reserved.</p>
|
|
|
251 |
|
|
|
252 |
<p>This Agreement is governed by the laws of the State of New York and
|
|
|
253 |
the intellectual property laws of the United States of America. No party
|
|
|
254 |
to this Agreement will bring a legal action under this Agreement more
|
|
|
255 |
than one year after the cause of action arose. Each party waives its
|
|
|
256 |
rights to a jury trial in any resulting litigation.</p>
|
|
|
257 |
|
|
|
258 |
</body></html> |