| 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. |