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. | |