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26 | ||
27 | <p align="center"><b>Eclipse Public License - v 1.0</b></p> | |
28 | ||
29 | <p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE | |
30 | PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR | |
31 | DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS | |
32 | AGREEMENT.</p> | |
33 | ||
34 | <p><b>1. DEFINITIONS</b></p> | |
35 | ||
36 | <p>"Contribution" means:</p> | |
37 | ||
38 | <p class="list">a) in the case of the initial Contributor, the initial | |
39 | code and documentation distributed under this Agreement, and</p> | |
40 | <p class="list">b) in the case of each subsequent Contributor:</p> | |
41 | <p class="list">i) changes to the Program, and</p> | |
42 | <p class="list">ii) additions to the Program;</p> | |
43 | <p class="list">where such changes and/or additions to the Program | |
44 | originate from and are distributed by that particular Contributor. A | |
45 | Contribution 'originates' from a Contributor if it was added to the | |
46 | Program by such Contributor itself or anyone acting on such | |
47 | Contributor's behalf. Contributions do not include additions to the | |
48 | Program which: (i) are separate modules of software distributed in | |
49 | conjunction with the Program under their own license agreement, and (ii) | |
50 | are not derivative works of the Program.</p> | |
51 | ||
52 | <p>"Contributor" means any person or entity that distributes | |
53 | the Program.</p> | |
54 | ||
55 | <p>"Licensed Patents" mean patent claims licensable by a | |
56 | Contributor which are necessarily infringed by the use or sale of its | |
57 | Contribution alone or when combined with the Program.</p> | |
58 | ||
59 | <p>"Program" means the Contributions distributed in accordance | |
60 | with this Agreement.</p> | |
61 | ||
62 | <p>"Recipient" means anyone who receives the Program under | |
63 | this Agreement, including all Contributors.</p> | |
64 | ||
65 | <p><b>2. GRANT OF RIGHTS</b></p> | |
66 | ||
67 | <p class="list">a) Subject to the terms of this Agreement, each | |
68 | Contributor hereby grants Recipient a non-exclusive, worldwide, | |
69 | royalty-free copyright license to reproduce, prepare derivative works | |
70 | of, publicly display, publicly perform, distribute and sublicense the | |
71 | Contribution of such Contributor, if any, and such derivative works, in | |
72 | source code and object code form.</p> | |
73 | ||
74 | <p class="list">b) Subject to the terms of this Agreement, each | |
75 | Contributor hereby grants Recipient a non-exclusive, worldwide, | |
76 | royalty-free patent license under Licensed Patents to make, use, sell, | |
77 | offer to sell, import and otherwise transfer the Contribution of such | |
78 | Contributor, if any, in source code and object code form. This patent | |
79 | license shall apply to the combination of the Contribution and the | |
80 | Program if, at the time the Contribution is added by the Contributor, | |
81 | such addition of the Contribution causes such combination to be covered | |
82 | by the Licensed Patents. The patent license shall not apply to any other | |
83 | combinations which include the Contribution. No hardware per se is | |
84 | licensed hereunder.</p> | |
85 | ||
86 | <p class="list">c) Recipient understands that although each Contributor | |
87 | grants the licenses to its Contributions set forth herein, no assurances | |
88 | are provided by any Contributor that the Program does not infringe the | |
89 | patent or other intellectual property rights of any other entity. Each | |
90 | Contributor disclaims any liability to Recipient for claims brought by | |
91 | any other entity based on infringement of intellectual property rights | |
92 | or otherwise. As a condition to exercising the rights and licenses | |
93 | granted hereunder, each Recipient hereby assumes sole responsibility to | |
94 | secure any other intellectual property rights needed, if any. For | |
95 | example, if a third party patent license is required to allow Recipient | |
96 | to distribute the Program, it is Recipient's responsibility to acquire | |
97 | that license before distributing the Program.</p> | |
98 | ||
99 | <p class="list">d) Each Contributor represents that to its knowledge it | |
100 | has sufficient copyright rights in its Contribution, if any, to grant | |
101 | the copyright license set forth in this Agreement.</p> | |
102 | ||
103 | <p><b>3. REQUIREMENTS</b></p> | |
104 | ||
105 | <p>A Contributor may choose to distribute the Program in object code | |
106 | form under its own license agreement, provided that:</p> | |
107 | ||
108 | <p class="list">a) it complies with the terms and conditions of this | |
109 | Agreement; and</p> | |
110 | ||
111 | <p class="list">b) its license agreement:</p> | |
112 | ||
113 | <p class="list">i) effectively disclaims on behalf of all Contributors | |
114 | all warranties and conditions, express and implied, including warranties | |
115 | or conditions of title and non-infringement, and implied warranties or | |
116 | conditions of merchantability and fitness for a particular purpose;</p> | |
117 | ||
118 | <p class="list">ii) effectively excludes on behalf of all Contributors | |
119 | all liability for damages, including direct, indirect, special, | |
120 | incidental and consequential damages, such as lost profits;</p> | |
121 | ||
122 | <p class="list">iii) states that any provisions which differ from this | |
123 | Agreement are offered by that Contributor alone and not by any other | |
124 | party; and</p> | |
125 | ||
126 | <p class="list">iv) states that source code for the Program is available | |
127 | from such Contributor, and informs licensees how to obtain it in a | |
128 | reasonable manner on or through a medium customarily used for software | |
129 | exchange.</p> | |
130 | ||
131 | <p>When the Program is made available in source code form:</p> | |
132 | ||
133 | <p class="list">a) it must be made available under this Agreement; and</p> | |
134 | ||
135 | <p class="list">b) a copy of this Agreement must be included with each | |
136 | copy of the Program.</p> | |
137 | ||
138 | <p>Contributors may not remove or alter any copyright notices contained | |
139 | within the Program.</p> | |
140 | ||
141 | <p>Each Contributor must identify itself as the originator of its | |
142 | Contribution, if any, in a manner that reasonably allows subsequent | |
143 | Recipients to identify the originator of the Contribution.</p> | |
144 | ||
145 | <p><b>4. COMMERCIAL DISTRIBUTION</b></p> | |
146 | ||
147 | <p>Commercial distributors of software may accept certain | |
148 | responsibilities with respect to end users, business partners and the | |
149 | like. While this license is intended to facilitate the commercial use of | |
150 | the Program, the Contributor who includes the Program in a commercial | |
151 | product offering should do so in a manner which does not create | |
152 | potential liability for other Contributors. Therefore, if a Contributor | |
153 | includes the Program in a commercial product offering, such Contributor | |
154 | ("Commercial Contributor") hereby agrees to defend and | |
155 | indemnify every other Contributor ("Indemnified Contributor") | |
156 | against any losses, damages and costs (collectively "Losses") | |
157 | arising from claims, lawsuits and other legal actions brought by a third | |
158 | party against the Indemnified Contributor to the extent caused by the | |
159 | acts or omissions of such Commercial Contributor in connection with its | |
160 | distribution of the Program in a commercial product offering. The | |
161 | obligations in this section do not apply to any claims or Losses | |
162 | relating to any actual or alleged intellectual property infringement. In | |
163 | order to qualify, an Indemnified Contributor must: a) promptly notify | |
164 | the Commercial Contributor in writing of such claim, and b) allow the | |
165 | Commercial Contributor to control, and cooperate with the Commercial | |
166 | Contributor in, the defense and any related settlement negotiations. The | |
167 | Indemnified Contributor may participate in any such claim at its own | |
168 | expense.</p> | |
169 | ||
170 | <p>For example, a Contributor might include the Program in a commercial | |
171 | product offering, Product X. That Contributor is then a Commercial | |
172 | Contributor. If that Commercial Contributor then makes performance | |
173 | claims, or offers warranties related to Product X, those performance | |
174 | claims and warranties are such Commercial Contributor's responsibility | |
175 | alone. Under this section, the Commercial Contributor would have to | |
176 | defend claims against the other Contributors related to those | |
177 | performance claims and warranties, and if a court requires any other | |
178 | Contributor to pay any damages as a result, the Commercial Contributor | |
179 | must pay those damages.</p> | |
180 | ||
181 | <p><b>5. NO WARRANTY</b></p> | |
182 | ||
183 | <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS | |
184 | PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS | |
185 | OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, | |
186 | ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY | |
187 | OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely | |
188 | responsible for determining the appropriateness of using and | |
189 | distributing the Program and assumes all risks associated with its | |
190 | exercise of rights under this Agreement , including but not limited to | |
191 | the risks and costs of program errors, compliance with applicable laws, | |
192 | damage to or loss of data, programs or equipment, and unavailability or | |
193 | interruption of operations.</p> | |
194 | ||
195 | <p><b>6. DISCLAIMER OF LIABILITY</b></p> | |
196 | ||
197 | <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT | |
198 | NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, | |
199 | INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING | |
200 | WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF | |
201 | LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING | |
202 | NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR | |
203 | DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED | |
204 | HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p> | |
205 | ||
206 | <p><b>7. GENERAL</b></p> | |
207 | ||
208 | <p>If any provision of this Agreement is invalid or unenforceable under | |
209 | applicable law, it shall not affect the validity or enforceability of | |
210 | the remainder of the terms of this Agreement, and without further action | |
211 | by the parties hereto, such provision shall be reformed to the minimum | |
212 | extent necessary to make such provision valid and enforceable.</p> | |
213 | ||
214 | <p>If Recipient institutes patent litigation against any entity | |
215 | (including a cross-claim or counterclaim in a lawsuit) alleging that the | |
216 | Program itself (excluding combinations of the Program with other | |
217 | software or hardware) infringes such Recipient's patent(s), then such | |
218 | Recipient's rights granted under Section 2(b) shall terminate as of the | |
219 | date such litigation is filed.</p> | |
220 | ||
221 | <p>All Recipient's rights under this Agreement shall terminate if it | |
222 | fails to comply with any of the material terms or conditions of this | |
223 | Agreement and does not cure such failure in a reasonable period of time | |
224 | after becoming aware of such noncompliance. If all Recipient's rights | |
225 | under this Agreement terminate, Recipient agrees to cease use and | |
226 | distribution of the Program as soon as reasonably practicable. However, | |
227 | Recipient's obligations under this Agreement and any licenses granted by | |
228 | Recipient relating to the Program shall continue and survive.</p> | |
229 | ||
230 | <p>Everyone is permitted to copy and distribute copies of this | |
231 | Agreement, but in order to avoid inconsistency the Agreement is | |
232 | copyrighted and may only be modified in the following manner. The | |
233 | Agreement Steward reserves the right to publish new versions (including | |
234 | revisions) of this Agreement from time to time. No one other than the | |
235 | Agreement Steward has the right to modify this Agreement. The Eclipse | |
236 | Foundation is the initial Agreement Steward. The Eclipse Foundation may | |
237 | assign the responsibility to serve as the Agreement Steward to a | |
238 | suitable separate entity. Each new version of the Agreement will be | |
239 | given a distinguishing version number. The Program (including | |
240 | Contributions) may always be distributed subject to the version of the | |
241 | Agreement under which it was received. In addition, after a new version | |
242 | of the Agreement is published, Contributor may elect to distribute the | |
243 | Program (including its Contributions) under the new version. Except as | |
244 | expressly stated in Sections 2(a) and 2(b) above, Recipient receives no | |
245 | rights or licenses to the intellectual property of any Contributor under | |
246 | this Agreement, whether expressly, by implication, estoppel or | |
247 | otherwise. All rights in the Program not expressly granted under this | |
248 | Agreement are reserved.</p> | |
249 | ||
250 | <p>This Agreement is governed by the laws of the State of New York and | |
251 | the intellectual property laws of the United States of America. No party | |
252 | to this Agreement will bring a legal action under this Agreement more | |
253 | than one year after the cause of action arose. Each party waives its | |
254 | rights to a jury trial in any resulting litigation.</p> | |
255 | ||
256 | </body></html> |