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