+
−
    Eclipse Public License - v 1.0+
−
+
−
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE+
−
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF+
−
THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.+
−
+
−
*1. DEFINITIONS*+
−
+
−
"Contribution" means:+
−
+
−
a) in the case of the initial Contributor, the initial code and+
−
documentation distributed under this Agreement, and+
−
+
−
b) in the case of each subsequent Contributor:+
−
+
−
i) changes to the Program, and+
−
+
−
ii) additions to the Program;+
−
+
−
where such changes and/or additions to the Program originate from and+
−
are distributed by that particular Contributor. A Contribution+
−
'originates' from a Contributor if it was added to the Program by such+
−
Contributor itself or anyone acting on such Contributor's behalf.+
−
Contributions do not include additions to the Program which: (i) are+
−
separate modules of software distributed in conjunction with the Program+
−
under their own license agreement, and (ii) are not derivative works of+
−
the Program.+
−
+
−
"Contributor" means any person or entity that distributes the Program.+
−
+
−
"Licensed Patents" mean patent claims licensable by a Contributor which+
−
are necessarily infringed by the use or sale of its Contribution alone+
−
or when combined with the Program.+
−
+
−
"Program" means the Contributions distributed in accordance with this+
−
Agreement.+
−
+
−
"Recipient" means anyone who receives the Program under this Agreement,+
−
including all Contributors.+
−
+
−
*2. GRANT OF RIGHTS*+
−
+
−
a) Subject to the terms of this Agreement, each Contributor hereby+
−
grants Recipient a non-exclusive, worldwide, royalty-free copyright+
−
license to reproduce, prepare derivative works of, publicly display,+
−
publicly perform, distribute and sublicense the Contribution of such+
−
Contributor, if any, and such derivative works, in source code and+
−
object code form.+
−
+
−
b) Subject to the terms of this Agreement, each Contributor hereby+
−
grants Recipient a non-exclusive, worldwide, royalty-free patent license+
−
under Licensed Patents to make, use, sell, offer to sell, import and+
−
otherwise transfer the Contribution of such Contributor, if any, in+
−
source code and object code form. This patent license shall apply to the+
−
combination of the Contribution and the Program if, at the time the+
−
Contribution is added by the Contributor, such addition of the+
−
Contribution causes such combination to be covered by the Licensed+
−
Patents. The patent license shall not apply to any other combinations+
−
which include the Contribution. No hardware per se is licensed hereunder.+
−
+
−
c) Recipient understands that although each Contributor grants the+
−
licenses to its Contributions set forth herein, no assurances are+
−
provided by any Contributor that the Program does not infringe the+
−
patent or other intellectual property rights of any other entity. Each+
−
Contributor disclaims any liability to Recipient for claims brought by+
−
any other entity based on infringement of intellectual property rights+
−
or otherwise. As a condition to exercising the rights and licenses+
−
granted hereunder, each Recipient hereby assumes sole responsibility to+
−
secure any other intellectual property rights needed, if any. For+
−
example, if a third party patent license is required to allow Recipient+
−
to distribute the Program, it is Recipient's responsibility to acquire+
−
that license before distributing the Program.+
−
+
−
d) Each Contributor represents that to its knowledge it has sufficient+
−
copyright rights in its Contribution, if any, to grant the copyright+
−
license set forth in this Agreement.+
−
+
−
*3. REQUIREMENTS*+
−
+
−
A Contributor may choose to distribute the Program in object code form+
−
under its own license agreement, provided that:+
−
+
−
a) it complies with the terms and conditions of this Agreement; and+
−
+
−
b) its license agreement:+
−
+
−
i) effectively disclaims on behalf of all Contributors all warranties+
−
and conditions, express and implied, including warranties or conditions+
−
of title and non-infringement, and implied warranties or conditions of+
−
merchantability and fitness for a particular purpose;+
−
+
−
ii) effectively excludes on behalf of all Contributors all liability for+
−
damages, including direct, indirect, special, incidental and+
−
consequential damages, such as lost profits;+
−
+
−
iii) states that any provisions which differ from this Agreement are+
−
offered by that Contributor alone and not by any other party; and+
−
+
−
iv) states that source code for the Program is available from such+
−
Contributor, and informs licensees how to obtain it in a reasonable+
−
manner on or through a medium customarily used for software exchange.+
−
+
−
When the Program is made available in source code form:+
−
+
−
a) it must be made available under this Agreement; and+
−
+
−
b) a copy of this Agreement must be included with each copy of the Program.+
−
+
−
Contributors may not remove or alter any copyright notices contained+
−
within the Program.+
−
+
−
Each Contributor must identify itself as the originator of its+
−
Contribution, if any, in a manner that reasonably allows subsequent+
−
Recipients to identify the originator of the Contribution.+
−
+
−
*4. COMMERCIAL DISTRIBUTION*+
−
+
−
Commercial distributors of software may accept certain responsibilities+
−
with respect to end users, business partners and the like. While this+
−
license is intended to facilitate the commercial use of the Program, the+
−
Contributor who includes the Program in a commercial product offering+
−
should do so in a manner which does not create potential liability for+
−
other Contributors. Therefore, if a Contributor includes the Program in+
−
a commercial product offering, such Contributor ("Commercial+
−
Contributor") hereby agrees to defend and indemnify every other+
−
Contributor ("Indemnified Contributor") against any losses, damages and+
−
costs (collectively "Losses") arising from claims, lawsuits and other+
−
legal actions brought by a third party against the Indemnified+
−
Contributor to the extent caused by the acts or omissions of such+
−
Commercial Contributor in connection with its distribution of the+
−
Program in a commercial product offering. The obligations in this+
−
section do not apply to any claims or Losses relating to any actual or+
−
alleged intellectual property infringement. In order to qualify, an+
−
Indemnified Contributor must: a) promptly notify the Commercial+
−
Contributor in writing of such claim, and b) allow the Commercial+
−
Contributor to control, and cooperate with the Commercial Contributor+
−
in, the defense and any related settlement negotiations. The Indemnified+
−
Contributor may participate in any such claim at its own expense.+
−
+
−
For example, a Contributor might include the Program in a commercial+
−
product offering, Product X. That Contributor is then a Commercial+
−
Contributor. If that Commercial Contributor then makes performance+
−
claims, or offers warranties related to Product X, those performance+
−
claims and warranties are such Commercial Contributor's responsibility+
−
alone. Under this section, the Commercial Contributor would have to+
−
defend claims against the other Contributors related to those+
−
performance claims and warranties, and if a court requires any other+
−
Contributor to pay any damages as a result, the Commercial Contributor+
−
must pay those damages.+
−
+
−
*5. NO WARRANTY*+
−
+
−
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED+
−
ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,+
−
EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES+
−
OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR+
−
A PARTICULAR PURPOSE. Each Recipient is solely responsible for+
−
determining the appropriateness of using and distributing the Program+
−
and assumes all risks associated with its exercise of rights under this+
−
Agreement , including but not limited to the risks and costs of program+
−
errors, compliance with applicable laws, damage to or loss of data,+
−
programs or equipment, and unavailability or interruption of operations.+
−
+
−
*6. DISCLAIMER OF LIABILITY*+
−
+
−
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR+
−
ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,+
−
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING+
−
WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF+
−
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING+
−
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR+
−
DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED+
−
HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.+
−
+
−
*7. GENERAL*+
−
+
−
If any provision of this Agreement is invalid or unenforceable under+
−
applicable law, it shall not affect the validity or enforceability of+
−
the remainder of the terms of this Agreement, and without further action+
−
by the parties hereto, such provision shall be reformed to the minimum+
−
extent necessary to make such provision valid and enforceable.+
−
+
−
If Recipient institutes patent litigation against any entity (including+
−
a cross-claim or counterclaim in a lawsuit) alleging that the Program+
−
itself (excluding combinations of the Program with other software or+
−
hardware) infringes such Recipient's patent(s), then such Recipient's+
−
rights granted under Section 2(b) shall terminate as of the date such+
−
litigation is filed.+
−
+
−
All Recipient's rights under this Agreement shall terminate if it fails+
−
to comply with any of the material terms or conditions of this Agreement+
−
and does not cure such failure in a reasonable period of time after+
−
becoming aware of such noncompliance. If all Recipient's rights under+
−
this Agreement terminate, Recipient agrees to cease use and distribution+
−
of the Program as soon as reasonably practicable. However, Recipient's+
−
obligations under this Agreement and any licenses granted by Recipient+
−
relating to the Program shall continue and survive.+
−
+
−
Everyone is permitted to copy and distribute copies of this Agreement,+
−
but in order to avoid inconsistency the Agreement is copyrighted and may+
−
only be modified in the following manner. The Agreement Steward reserves+
−
the right to publish new versions (including revisions) of this+
−
Agreement from time to time. No one other than the Agreement Steward has+
−
the right to modify this Agreement. The Eclipse Foundation is the+
−
initial Agreement Steward. The Eclipse Foundation may assign the+
−
responsibility to serve as the Agreement Steward to a suitable separate+
−
entity. Each new version of the Agreement will be given a distinguishing+
−
version number. The Program (including Contributions) may always be+
−
distributed subject to the version of the Agreement under which it was+
−
received. In addition, after a new version of the Agreement is+
−
published, Contributor may elect to distribute the Program (including+
−
its Contributions) under the new version. Except as expressly stated in+
−
Sections 2(a) and 2(b) above, Recipient receives no rights or licenses+
−
to the intellectual property of any Contributor under this Agreement,+
−
whether expressly, by implication, estoppel or otherwise. All rights in+
−
the Program not expressly granted under this Agreement are reserved.+
−
+
−
This Agreement is governed by the laws of the State of New York and the+
−
intellectual property laws of the United States of America. No party to+
−
this Agreement will bring a legal action under this Agreement more than+
−
one year after the cause of action arose. Each party waives its rights+
−
to a jury trial in any resulting litigation.+
−
+
−