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 RECIPIENTíS 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 Contributorís 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 Recipientís 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 Contributorís 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 Recipientís patent(s), then such Recipientís rights granted
under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipientís rights under this Agreement shall terminate if it fails to c
omply 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 Recipientís rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipientís 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.
