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. |