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