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. |