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| 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. |
| |
| e) Notwithstanding the terms of any Secondary License, no Contributor makes additional grants to any Recipient |
| (other than those set forth in this Agreement) as a result of such Recipient's receipt of the Program under the |
| terms of a Secondary License (if permitted under the terms of Section 3). |
| |
| 3. Requirements |
| |
| 3.1 If a Contributor Distributes the Program in any form, then: |
| |
| a) the Program must also be made available as Source Code, in accordance with section 3.2, and the Contributor must |
| accompany the Program with a statement that the Source Code for the Program is available under this Agreement, and |
| informs Recipients how to obtain it in a reasonable manner on or through a medium customarily used for software |
| exchange; and |
| |
| b) the Contributor may Distribute the Program under a license different than this Agreement, provided that such |
| license: |
| |
| i) effectively disclaims on behalf of all other 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 other Contributors all liability for damages, including direct, indirect, |
| special, incidental and consequential damages, such as lost profits; |
| |
| iii) does not attempt to limit or alter the recipients' rights in the Source Code under section 3.2; and |
| |
| iv) requires any subsequent distribution of the Program by any party to be under a license that satisfies the |
| requirements of this section 3. |
| |
| 3.2 When the Program is Distributed as Source Code: |
| |
| a) it must be made available under this Agreement, or if the Program (i) is combined with other material in a |
| separate file or files made available under a Secondary License, and (ii) the initial Contributor attached to the |
| Source Code the notice described in Exhibit A of this Agreement, then the Program may be made available under the |
| terms of such Secondary Licenses, and |
| |
| b) a copy of this Agreement must be included with each copy of the Program. |
| |
| 3.3 Contributors may not remove or alter any copyright, patent, trademark, attribution notices, disclaimers of |
| warranty, or limitations of liability (“notices”) contained within the Program from any copy of the Program which |
| they Distribute, provided that Contributors may add their own appropriate notices. |
| |
| 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, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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. Nothing in this |
| Agreement is intended to be enforceable by any entity that is not a Contributor or Recipient. No third-party |
| beneficiary rights are created under this Agreement. |
| |
| Exhibit A - Form of Secondary Licenses Notice |
| |
| “This Source Code may also be made available under the following Secondary Licenses when the conditions for such |
| availability set forth in the Eclipse Public License, v. 2.0 are satisfied: {name license(s), version(s), and |
| exceptions or additional permissions here}.” Simply including a copy of this Agreement, including this Exhibit A is |
| not sufficient to license the Source Code under Secondary Licenses. |
| |
| If it is not possible or desirable to put the notice in a particular file, then You may include the notice in a |
| location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a |
| notice. |
| |
| You may add additional accurate notices of copyright ownership. |