|
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> |