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| <p align=center><b>Eclipse Public License - v 1.0</b></p> |
| |
| <p>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.</p> |
| |
| <p><b>1. DEFINITIONS</b></p> |
| |
| <p>"Contribution" means:</p> |
| |
| <p class="list">a) in the case of the initial Contributor, the initial |
| code and documentation distributed under this Agreement, and</p> |
| <p class="list">b) in the case of each subsequent Contributor:</p> |
| <p class="list">i) changes to the Program, and</p> |
| <p class="list">ii) additions to the Program;</p> |
| <p class="list">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.</p> |
| |
| <p>"Contributor" means any person or entity that distributes |
| the Program.</p> |
| |
| <p>"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.</p> |
| |
| <p>"Program" means the Contributions distributed in accordance |
| with this Agreement.</p> |
| |
| <p>"Recipient" means anyone who receives the Program under |
| this Agreement, including all Contributors.</p> |
| |
| <p><b>2. GRANT OF RIGHTS</b></p> |
| |
| <p class="list">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.</p> |
| |
| <p class="list">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.</p> |
| |
| <p class="list">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.</p> |
| |
| <p class="list">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.</p> |
| |
| <p><b>3. REQUIREMENTS</b></p> |
| |
| <p>A Contributor may choose to distribute the Program in object code |
| form under its own license agreement, provided that:</p> |
| |
| <p class="list">a) it complies with the terms and conditions of this |
| Agreement; and</p> |
| |
| <p class="list">b) its license agreement:</p> |
| |
| <p class="list">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;</p> |
| |
| <p class="list">ii) effectively excludes on behalf of all Contributors |
| all liability for damages, including direct, indirect, special, |
| incidental and consequential damages, such as lost profits;</p> |
| |
| <p class="list">iii) states that any provisions which differ from this |
| Agreement are offered by that Contributor alone and not by any other |
| party; and</p> |
| |
| <p class="list">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.</p> |
| |
| <p>When the Program is made available in source code form:</p> |
| |
| <p class="list">a) it must be made available under this Agreement; and</p> |
| |
| <p class="list">b) a copy of this Agreement must be included with each |
| copy of the Program.</p> |
| |
| <p>Contributors may not remove or alter any copyright notices contained |
| within the Program.</p> |
| |
| <p>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.</p> |
| |
| <p><b>4. COMMERCIAL DISTRIBUTION</b></p> |
| |
| <p>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.</p> |
| |
| <p>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.</p> |
| |
| <p><b>5. NO WARRANTY</b></p> |
| |
| <p>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.</p> |
| |
| <p><b>6. DISCLAIMER OF LIABILITY</b></p> |
| |
| <p>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.</p> |
| |
| <p><b>7. GENERAL</b></p> |
| |
| <p>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.</p> |
| |
| <p>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.</p> |
| |
| <p>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.</p> |
| |
| <p>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.</p> |
| |
| <p>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.</p> |
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