1 

     2     Eclipse Public License - v 1.0

     3 

     4 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE

     5 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF

     6 THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

     7 

     8 *1. DEFINITIONS*

     9 

    10 "Contribution" means:

    11 

    12 a) in the case of the initial Contributor, the initial code and

    13 documentation distributed under this Agreement, and

    14 

    15 b) in the case of each subsequent Contributor:

    16 

    17 i) changes to the Program, and

    18 

    19 ii) additions to the Program;

    20 

    21 where such changes and/or additions to the Program originate from and

    22 are distributed by that particular Contributor. A Contribution

    23 'originates' from a Contributor if it was added to the Program by such

    24 Contributor itself or anyone acting on such Contributor's behalf.

    25 Contributions do not include additions to the Program which: (i) are

    26 separate modules of software distributed in conjunction with the Program

    27 under their own license agreement, and (ii) are not derivative works of

    28 the Program.

    29 

    30 "Contributor" means any person or entity that distributes the Program.

    31 

    32 "Licensed Patents" mean patent claims licensable by a Contributor which

    33 are necessarily infringed by the use or sale of its Contribution alone

    34 or when combined with the Program.

    35 

    36 "Program" means the Contributions distributed in accordance with this

    37 Agreement.

    38 

    39 "Recipient" means anyone who receives the Program under this Agreement,

    40 including all Contributors.

    41 

    42 *2. GRANT OF RIGHTS*

    43 

    44 a) Subject to the terms of this Agreement, each Contributor hereby

    45 grants Recipient a non-exclusive, worldwide, royalty-free copyright

    46 license to reproduce, prepare derivative works of, publicly display,

    47 publicly perform, distribute and sublicense the Contribution of such

    48 Contributor, if any, and such derivative works, in source code and

    49 object code form.

    50 

    51 b) Subject to the terms of this Agreement, each Contributor hereby

    52 grants Recipient a non-exclusive, worldwide, royalty-free patent license

    53 under Licensed Patents to make, use, sell, offer to sell, import and

    54 otherwise transfer the Contribution of such Contributor, if any, in

    55 source code and object code form. This patent license shall apply to the

    56 combination of the Contribution and the Program if, at the time the

    57 Contribution is added by the Contributor, such addition of the

    58 Contribution causes such combination to be covered by the Licensed

    59 Patents. The patent license shall not apply to any other combinations

    60 which include the Contribution. No hardware per se is licensed hereunder.

    61 

    62 c) Recipient understands that although each Contributor grants the

    63 licenses to its Contributions set forth herein, no assurances are

    64 provided by any Contributor that the Program does not infringe the

    65 patent or other intellectual property rights of any other entity. Each

    66 Contributor disclaims any liability to Recipient for claims brought by

    67 any other entity based on infringement of intellectual property rights

    68 or otherwise. As a condition to exercising the rights and licenses

    69 granted hereunder, each Recipient hereby assumes sole responsibility to

    70 secure any other intellectual property rights needed, if any. For

    71 example, if a third party patent license is required to allow Recipient

    72 to distribute the Program, it is Recipient's responsibility to acquire

    73 that license before distributing the Program.

    74 

    75 d) Each Contributor represents that to its knowledge it has sufficient

    76 copyright rights in its Contribution, if any, to grant the copyright

    77 license set forth in this Agreement.

    78 

    79 *3. REQUIREMENTS*

    80 

    81 A Contributor may choose to distribute the Program in object code form

    82 under its own license agreement, provided that:

    83 

    84 a) it complies with the terms and conditions of this Agreement; and

    85 

    86 b) its license agreement:

    87 

    88 i) effectively disclaims on behalf of all Contributors all warranties

    89 and conditions, express and implied, including warranties or conditions

    90 of title and non-infringement, and implied warranties or conditions of

    91 merchantability and fitness for a particular purpose;

    92 

    93 ii) effectively excludes on behalf of all Contributors all liability for

    94 damages, including direct, indirect, special, incidental and

    95 consequential damages, such as lost profits;

    96 

    97 iii) states that any provisions which differ from this Agreement are

    98 offered by that Contributor alone and not by any other party; and

    99 

   100 iv) states that source code for the Program is available from such

   101 Contributor, and informs licensees how to obtain it in a reasonable

   102 manner on or through a medium customarily used for software exchange.

   103 

   104 When the Program is made available in source code form:

   105 

   106 a) it must be made available under this Agreement; and

   107 

   108 b) a copy of this Agreement must be included with each copy of the Program.

   109 

   110 Contributors may not remove or alter any copyright notices contained

   111 within the Program.

   112 

   113 Each Contributor must identify itself as the originator of its

   114 Contribution, if any, in a manner that reasonably allows subsequent

   115 Recipients to identify the originator of the Contribution.

   116 

   117 *4. COMMERCIAL DISTRIBUTION*

   118 

   119 Commercial distributors of software may accept certain responsibilities

   120 with respect to end users, business partners and the like. While this

   121 license is intended to facilitate the commercial use of the Program, the

   122 Contributor who includes the Program in a commercial product offering

   123 should do so in a manner which does not create potential liability for

   124 other Contributors. Therefore, if a Contributor includes the Program in

   125 a commercial product offering, such Contributor ("Commercial

   126 Contributor") hereby agrees to defend and indemnify every other

   127 Contributor ("Indemnified Contributor") against any losses, damages and

   128 costs (collectively "Losses") arising from claims, lawsuits and other

   129 legal actions brought by a third party against the Indemnified

   130 Contributor to the extent caused by the acts or omissions of such

   131 Commercial Contributor in connection with its distribution of the

   132 Program in a commercial product offering. The obligations in this

   133 section do not apply to any claims or Losses relating to any actual or

   134 alleged intellectual property infringement. In order to qualify, an

   135 Indemnified Contributor must: a) promptly notify the Commercial

   136 Contributor in writing of such claim, and b) allow the Commercial

   137 Contributor to control, and cooperate with the Commercial Contributor

   138 in, the defense and any related settlement negotiations. The Indemnified

   139 Contributor may participate in any such claim at its own expense.

   140 

   141 For example, a Contributor might include the Program in a commercial

   142 product offering, Product X. That Contributor is then a Commercial

   143 Contributor. If that Commercial Contributor then makes performance

   144 claims, or offers warranties related to Product X, those performance

   145 claims and warranties are such Commercial Contributor's responsibility

   146 alone. Under this section, the Commercial Contributor would have to

   147 defend claims against the other Contributors related to those

   148 performance claims and warranties, and if a court requires any other

   149 Contributor to pay any damages as a result, the Commercial Contributor

   150 must pay those damages.

   151 

   152 *5. NO WARRANTY*

   153 

   154 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED

   155 ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,

   156 EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES

   157 OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR

   158 A PARTICULAR PURPOSE. Each Recipient is solely responsible for

   159 determining the appropriateness of using and distributing the Program

   160 and assumes all risks associated with its exercise of rights under this

   161 Agreement , including but not limited to the risks and costs of program

   162 errors, compliance with applicable laws, damage to or loss of data,

   163 programs or equipment, and unavailability or interruption of operations.

   164 

   165 *6. DISCLAIMER OF LIABILITY*

   166 

   167 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR

   168 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,

   169 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING

   170 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF

   171 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING

   172 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR

   173 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED

   174 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   175 

   176 *7. GENERAL*

   177 

   178 If any provision of this Agreement is invalid or unenforceable under

   179 applicable law, it shall not affect the validity or enforceability of

   180 the remainder of the terms of this Agreement, and without further action

   181 by the parties hereto, such provision shall be reformed to the minimum

   182 extent necessary to make such provision valid and enforceable.

   183 

   184 If Recipient institutes patent litigation against any entity (including

   185 a cross-claim or counterclaim in a lawsuit) alleging that the Program

   186 itself (excluding combinations of the Program with other software or

   187 hardware) infringes such Recipient's patent(s), then such Recipient's

   188 rights granted under Section 2(b) shall terminate as of the date such

   189 litigation is filed.

   190 

   191 All Recipient's rights under this Agreement shall terminate if it fails

   192 to comply with any of the material terms or conditions of this Agreement

   193 and does not cure such failure in a reasonable period of time after

   194 becoming aware of such noncompliance. If all Recipient's rights under

   195 this Agreement terminate, Recipient agrees to cease use and distribution

   196 of the Program as soon as reasonably practicable. However, Recipient's

   197 obligations under this Agreement and any licenses granted by Recipient

   198 relating to the Program shall continue and survive.

   199 

   200 Everyone is permitted to copy and distribute copies of this Agreement,

   201 but in order to avoid inconsistency the Agreement is copyrighted and may

   202 only be modified in the following manner. The Agreement Steward reserves

   203 the right to publish new versions (including revisions) of this

   204 Agreement from time to time. No one other than the Agreement Steward has

   205 the right to modify this Agreement. The Eclipse Foundation is the

   206 initial Agreement Steward. The Eclipse Foundation may assign the

   207 responsibility to serve as the Agreement Steward to a suitable separate

   208 entity. Each new version of the Agreement will be given a distinguishing

   209 version number. The Program (including Contributions) may always be

   210 distributed subject to the version of the Agreement under which it was

   211 received. In addition, after a new version of the Agreement is

   212 published, Contributor may elect to distribute the Program (including

   213 its Contributions) under the new version. Except as expressly stated in

   214 Sections 2(a) and 2(b) above, Recipient receives no rights or licenses

   215 to the intellectual property of any Contributor under this Agreement,

   216 whether expressly, by implication, estoppel or otherwise. All rights in

   217 the Program not expressly granted under this Agreement are reserved.

   218 

   219 This Agreement is governed by the laws of the State of New York and the

   220 intellectual property laws of the United States of America. No party to

   221 this Agreement will bring a legal action under this Agreement more than

   222 one year after the cause of action arose. Each party waives its rights

   223 to a jury trial in any resulting litigation.

   224