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