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1 | Eclipse Public License - v 1.0 | ||
2 | |||
3 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC | ||
4 | LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM | ||
5 | CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. | ||
6 | |||
7 | 1. DEFINITIONS | ||
8 | |||
9 | "Contribution" means: | ||
10 | |||
11 | a) in the case of the initial Contributor, the initial code and documentation | ||
12 | distributed under this Agreement, and | ||
13 | b) in the case of each subsequent Contributor: | ||
14 | i) changes to the Program, and | ||
15 | ii) additions to the Program; | ||
16 | |||
17 | where such changes and/or additions to the Program originate from and are | ||
18 | distributed by that particular Contributor. A Contribution 'originates' | ||
19 | from a Contributor if it was added to the Program by such Contributor | ||
20 | itself or anyone acting on such Contributor's behalf. Contributions do not | ||
21 | include additions to the Program which: (i) are separate modules of | ||
22 | software distributed in conjunction with the Program under their own | ||
23 | license agreement, and (ii) are not derivative works of the Program. | ||
24 | |||
25 | "Contributor" means any person or entity that distributes the Program. | ||
26 | |||
27 | "Licensed Patents" mean patent claims licensable by a Contributor which are | ||
28 | necessarily infringed by the use or sale of its Contribution alone or when | ||
29 | combined with the Program. | ||
30 | |||
31 | "Program" means the Contributions distributed in accordance with this | ||
32 | Agreement. | ||
33 | |||
34 | "Recipient" means anyone who receives the Program under this Agreement, | ||
35 | including all Contributors. | ||
36 | |||
37 | 2. GRANT OF RIGHTS | ||
38 | a) Subject to the terms of this Agreement, each Contributor hereby grants | ||
39 | Recipient a non-exclusive, worldwide, royalty-free copyright license to | ||
40 | reproduce, prepare derivative works of, publicly display, publicly | ||
41 | perform, distribute and sublicense the Contribution of such Contributor, | ||
42 | if any, and such derivative works, in source code and object code form. | ||
43 | b) Subject to the terms of this Agreement, each Contributor hereby grants | ||
44 | Recipient a non-exclusive, worldwide, royalty-free patent license under | ||
45 | Licensed Patents to make, use, sell, offer to sell, import and otherwise | ||
46 | transfer the Contribution of such Contributor, if any, in source code and | ||
47 | object code form. This patent license shall apply to the combination of | ||
48 | the Contribution and the Program if, at the time the Contribution is | ||
49 | added by the Contributor, such addition of the Contribution causes such | ||
50 | combination to be covered by the Licensed Patents. The patent license | ||
51 | shall not apply to any other combinations which include the Contribution. | ||
52 | No hardware per se is licensed hereunder. | ||
53 | c) Recipient understands that although each Contributor grants the licenses | ||
54 | to its Contributions set forth herein, no assurances are provided by any | ||
55 | Contributor that the Program does not infringe the patent or other | ||
56 | intellectual property rights of any other entity. Each Contributor | ||
57 | disclaims any liability to Recipient for claims brought by any other | ||
58 | entity based on infringement of intellectual property rights or | ||
59 | otherwise. As a condition to exercising the rights and licenses granted | ||
60 | hereunder, each Recipient hereby assumes sole responsibility to secure | ||
61 | any other intellectual property rights needed, if any. For example, if a | ||
62 | third party patent license is required to allow Recipient to distribute | ||
63 | the Program, it is Recipient's responsibility to acquire that license | ||
64 | before distributing the Program. | ||
65 | d) Each Contributor represents that to its knowledge it has sufficient | ||
66 | copyright rights in its Contribution, if any, to grant the copyright | ||
67 | license set forth in this Agreement. | ||
68 | |||
69 | 3. REQUIREMENTS | ||
70 | |||
71 | A Contributor may choose to distribute the Program in object code form under | ||
72 | its own license agreement, provided that: | ||
73 | |||
74 | a) it complies with the terms and conditions of this Agreement; and | ||
75 | b) its license agreement: | ||
76 | i) effectively disclaims on behalf of all Contributors all warranties | ||
77 | and conditions, express and implied, including warranties or | ||
78 | conditions of title and non-infringement, and implied warranties or | ||
79 | conditions of merchantability and fitness for a particular purpose; | ||
80 | ii) effectively excludes on behalf of all Contributors all liability for | ||
81 | damages, including direct, indirect, special, incidental and | ||
82 | consequential damages, such as lost profits; | ||
83 | iii) states that any provisions which differ from this Agreement are | ||
84 | offered by that Contributor alone and not by any other party; and | ||
85 | iv) states that source code for the Program is available from such | ||
86 | Contributor, and informs licensees how to obtain it in a reasonable | ||
87 | manner on or through a medium customarily used for software exchange. | ||
88 | |||
89 | When the Program is made available in source code form: | ||
90 | |||
91 | a) it must be made available under this Agreement; and | ||
92 | b) a copy of this Agreement must be included with each copy of the Program. | ||
93 | Contributors may not remove or alter any copyright notices contained | ||
94 | within the Program. | ||
95 | |||
96 | Each Contributor must identify itself as the originator of its Contribution, | ||
97 | if | ||
98 | any, in a manner that reasonably allows subsequent Recipients to identify the | ||
99 | originator of the Contribution. | ||
100 | |||
101 | 4. COMMERCIAL DISTRIBUTION | ||
102 | |||
103 | Commercial distributors of software may accept certain responsibilities with | ||
104 | respect to end users, business partners and the like. While this license is | ||
105 | intended to facilitate the commercial use of the Program, the Contributor who | ||
106 | includes the Program in a commercial product offering should do so in a manner | ||
107 | which does not create potential liability for other Contributors. Therefore, | ||
108 | if a Contributor includes the Program in a commercial product offering, such | ||
109 | Contributor ("Commercial Contributor") hereby agrees to defend and indemnify | ||
110 | every other Contributor ("Indemnified Contributor") against any losses, | ||
111 | damages and costs (collectively "Losses") arising from claims, lawsuits and | ||
112 | other legal actions brought by a third party against the Indemnified | ||
113 | Contributor to the extent caused by the acts or omissions of such Commercial | ||
114 | Contributor in connection with its distribution of the Program in a commercial | ||
115 | product offering. The obligations in this section do not apply to any claims | ||
116 | or Losses relating to any actual or alleged intellectual property | ||
117 | infringement. In order to qualify, an Indemnified Contributor must: | ||
118 | a) promptly notify the Commercial Contributor in writing of such claim, and | ||
119 | b) allow the Commercial Contributor to control, and cooperate with the | ||
120 | Commercial Contributor in, the defense and any related settlement | ||
121 | negotiations. The Indemnified Contributor may participate in any such claim at | ||
122 | its own expense. | ||
123 | |||
124 | For example, a Contributor might include the Program in a commercial product | ||
125 | offering, Product X. That Contributor is then a Commercial Contributor. If | ||
126 | that Commercial Contributor then makes performance claims, or offers | ||
127 | warranties related to Product X, those performance claims and warranties are | ||
128 | such Commercial Contributor's responsibility alone. Under this section, the | ||
129 | Commercial Contributor would have to defend claims against the other | ||
130 | Contributors related to those performance claims and warranties, and if a | ||
131 | court requires any other Contributor to pay any damages as a result, the | ||
132 | Commercial Contributor must pay those damages. | ||
133 | |||
134 | 5. NO WARRANTY | ||
135 | |||
136 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN | ||
137 | "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR | ||
138 | IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, | ||
139 | NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each | ||
140 | Recipient is solely responsible for determining the appropriateness of using | ||
141 | and distributing the Program and assumes all risks associated with its | ||
142 | exercise of rights under this Agreement , including but not limited to the | ||
143 | risks and costs of program errors, compliance with applicable laws, damage to | ||
144 | or loss of data, programs or equipment, and unavailability or interruption of | ||
145 | operations. | ||
146 | |||
147 | 6. DISCLAIMER OF LIABILITY | ||
148 | |||
149 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY | ||
150 | CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, | ||
151 | SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION | ||
152 | LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN | ||
153 | CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) | ||
154 | ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE | ||
155 | EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY | ||
156 | OF SUCH DAMAGES. | ||
157 | |||
158 | 7. GENERAL | ||
159 | |||
160 | If any provision of this Agreement is invalid or unenforceable under | ||
161 | applicable law, it shall not affect the validity or enforceability of the | ||
162 | remainder of the terms of this Agreement, and without further action by the | ||
163 | parties hereto, such provision shall be reformed to the minimum extent | ||
164 | necessary to make such provision valid and enforceable. | ||
165 | |||
166 | If Recipient institutes patent litigation against any entity (including a | ||
167 | cross-claim or counterclaim in a lawsuit) alleging that the Program itself | ||
168 | (excluding combinations of the Program with other software or hardware) | ||
169 | infringes such Recipient's patent(s), then such Recipient's rights granted | ||
170 | under Section 2(b) shall terminate as of the date such litigation is filed. | ||
171 | |||
172 | All Recipient's rights under this Agreement shall terminate if it fails to | ||
173 | comply with any of the material terms or conditions of this Agreement and does | ||
174 | not cure such failure in a reasonable period of time after becoming aware of | ||
175 | such noncompliance. If all Recipient's rights under this Agreement terminate, | ||
176 | Recipient agrees to cease use and distribution of the Program as soon as | ||
177 | reasonably practicable. However, Recipient's obligations under this Agreement | ||
178 | and any licenses granted by Recipient relating to the Program shall continue | ||
179 | and survive. | ||
180 | |||
181 | Everyone is permitted to copy and distribute copies of this Agreement, but in | ||
182 | order to avoid inconsistency the Agreement is copyrighted and may only be | ||
183 | modified in the following manner. The Agreement Steward reserves the right to | ||
184 | publish new versions (including revisions) of this Agreement from time to | ||
185 | time. No one other than the Agreement Steward has the right to modify this | ||
186 | Agreement. The Eclipse Foundation is the initial Agreement Steward. The | ||
187 | Eclipse Foundation may assign the responsibility to serve as the Agreement | ||
188 | Steward to a suitable separate entity. Each new version of the Agreement will | ||
189 | be given a distinguishing version number. The Program (including | ||
190 | Contributions) may always be distributed subject to the version of the | ||
191 | Agreement under which it was received. In addition, after a new version of the | ||
192 | Agreement is published, Contributor may elect to distribute the Program | ||
193 | (including its Contributions) under the new version. Except as expressly | ||
194 | stated in Sections 2(a) and 2(b) above, Recipient receives no rights or | ||
195 | licenses to the intellectual property of any Contributor under this Agreement, | ||
196 | whether expressly, by implication, estoppel or otherwise. All rights in the | ||
197 | Program not expressly granted under this Agreement are reserved. | ||
198 | |||
199 | This Agreement is governed by the laws of the State of New York and the | ||
200 | intellectual property laws of the United States of America. No party to this | ||
201 | Agreement will bring a legal action under this Agreement more than one year | ||
202 | after the cause of action arose. Each party waives its rights to a jury trial in | ||
203 | any resulting litigation. | ||