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1 Eclipse Public License - v 1.0
2
3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
4 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
5 THE PROGRAM 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
12 documentation distributed under this Agreement, and
13
14 b) in the case of each subsequent Contributor:
15
16 i) changes to the Program, and
17
18 ii) additions to the Program;
19
20 where such changes and/or additions to the Program originate from and
21 are distributed by that particular Contributor. A Contribution
22 'originates' from a Contributor if it was added to the Program by such
23 Contributor itself or anyone acting on such Contributor's
24 behalf. Contributions do not include additions to the Program which:
25 (i) are separate modules of software distributed in conjunction with
26 the Program under their own license agreement, and (ii) are not
27 derivative works of the Program.
28
29 "Contributor" means any person or entity that distributes the Program.
30
31 "Licensed Patents" mean patent claims licensable by a Contributor
32 which are necessarily infringed by the use or sale of its Contribution
33 alone or when combined with the Program.
34
35 "Program" means the Contributions distributed in accordance with this
36 Agreement.
37
38 "Recipient" means anyone who receives the Program under this
39 Agreement, including all Contributors.
40
41 2. GRANT OF RIGHTS
42
43 a) Subject to the terms of this Agreement, each Contributor hereby
44 grants Recipient a non-exclusive, worldwide, royalty-free copyright
45 license to reproduce, prepare derivative works of, publicly display,
46 publicly perform, distribute and sublicense the Contribution of such
47 Contributor, if any, and such derivative works, in source code and
48 object code form.
49
50 b) Subject to the terms of this Agreement, each Contributor hereby
51 grants Recipient a non-exclusive, worldwide, royalty-free patent
52 license under Licensed Patents to make, use, sell, offer to sell,
53 import and otherwise transfer the Contribution of such Contributor, if
54 any, in source code and object code form. This patent license shall
55 apply to the combination of the Contribution and the Program if, at
56 the time the Contribution is added by the Contributor, such addition
57 of the Contribution causes such combination to be covered by the
58 Licensed Patents. The patent license shall not apply to any other
59 combinations which include the Contribution. No hardware per se is
60 licensed hereunder.
61
62 c) Recipient understands that although each Contributor grants the
63 licenses to its Contributions set forth herein, no assurances are
64 provided by any Contributor that the Program does not infringe the
65 patent or other intellectual property rights of any other entity. Each
66 Contributor disclaims any liability to Recipient for claims brought by
67 any other entity based on infringement of intellectual property rights
68 or otherwise. As a condition to exercising the rights and licenses
69 granted hereunder, each Recipient hereby assumes sole responsibility
70 to secure any other intellectual property rights needed, if any. For
71 example, if a third party patent license is required to allow
72 Recipient to distribute the Program, it is Recipient's responsibility
73 to acquire that license before distributing the Program.
74
75 d) Each Contributor represents that to its knowledge it has sufficient
76 copyright rights in its Contribution, if any, to grant the copyright
77 license set forth in this Agreement.
78
79 3. REQUIREMENTS
80
81 A Contributor may choose to distribute the Program in object code form
82 under its own license agreement, provided that:
83
84 a) it complies with the terms and conditions of this Agreement; and
85
86 b) its license agreement:
87
88 i) effectively disclaims on behalf of all Contributors all warranties
89 and conditions, express and implied, including warranties or
90 conditions of title and non-infringement, and implied warranties or
91 conditions of merchantability and fitness for a particular purpose;
92
93 ii) effectively excludes on behalf of all Contributors all liability
94 for damages, including direct, indirect, special, incidental and
95 consequential damages, such as lost profits;
96
97 iii) states that any provisions which differ from this Agreement are
98 offered by that Contributor alone and not by any other party; and
99
100 iv) states that source code for the Program is available from such
101 Contributor, and informs licensees how to obtain it in a reasonable
102 manner on or through a medium customarily used for software exchange.
103
104 When the Program is made available in source code form:
105
106 a) it must be made available under this Agreement; and
107
108 b) a copy of this Agreement must be included with each copy of the Program.
109
110 Contributors may not remove or alter any copyright notices contained
111 within the Program.
112
113 Each Contributor must identify itself as the originator of its
114 Contribution, if any, in a manner that reasonably allows subsequent
115 Recipients to identify the originator of the Contribution.
116
117 4. COMMERCIAL DISTRIBUTION
118
119 Commercial distributors of software may accept certain
120 responsibilities with respect to end users, business partners and the
121 like. While this license is intended to facilitate the commercial use
122 of the Program, the Contributor who includes the Program in a
123 commercial product offering should do so in a manner which does not
124 create potential liability for other Contributors. Therefore, if a
125 Contributor includes the Program in a commercial product offering,
126 such Contributor ("Commercial Contributor") hereby agrees to defend
127 and indemnify every other Contributor ("Indemnified Contributor")
128 against any losses, damages and costs (collectively "Losses") arising
129 from claims, lawsuits and other legal actions brought by a third party
130 against the Indemnified Contributor to the extent caused by the acts
131 or omissions of such Commercial Contributor in connection with its
132 distribution of the Program in a commercial product offering. The
133 obligations in this section do not apply to any claims or Losses
134 relating to any actual or alleged intellectual property
135 infringement. In order to qualify, an Indemnified Contributor must: a)
136 promptly notify the Commercial Contributor in writing of such claim,
137 and b) allow the Commercial Contributor tocontrol, and cooperate with
138 the Commercial Contributor in, the defense and any related settlement
139 negotiations. The Indemnified Contributor may participate in any such
140 claim at its own expense.
141
142 For example, a Contributor might include the Program in a commercial
143 product offering, Product X. That Contributor is then a Commercial
144 Contributor. If that Commercial Contributor then makes performance
145 claims, or offers warranties related to Product X, those performance
146 claims and warranties are such Commercial Contributor's responsibility
147 alone. Under this section, the Commercial Contributor would have to
148 defend claims against the other Contributors related to those
149 performance claims and warranties, and if a court requires any other
150 Contributor to pay any damages as a result, the Commercial Contributor
151 must pay those damages.
152
153 5. NO WARRANTY
154
155 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
156 PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
157 KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
158 WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
159 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
160 responsible for determining the appropriateness of using and
161 distributing the Program and assumes all risks associated with its
162 exercise of rights under this Agreement , including but not limited to
163 the risks and costs of program errors, compliance with applicable
164 laws, damage to or loss of data, programs or equipment, and
165 unavailability or interruption of operations.
166
167 6. DISCLAIMER OF LIABILITY
168
169 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
170 ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
171 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
172 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
173 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
174 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
175 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
176 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
177
178 7. GENERAL
179
180 If any provision of this Agreement is invalid or unenforceable under
181 applicable law, it shall not affect the validity or enforceability of
182 the remainder of the terms of this Agreement, and without further
183 action by the parties hereto, such provision shall be reformed to the
184 minimum extent necessary to make such provision valid and enforceable.
185
186 If Recipient institutes patent litigation against any entity
187 (including a cross-claim or counterclaim in a lawsuit) alleging that
188 the Program itself (excluding combinations of the Program with other
189 software or hardware) infringes such Recipient's patent(s), then such
190 Recipient's rights granted under Section 2(b) shall terminate as of
191 the date such litigation is filed.
192
193 All Recipient's rights under this Agreement shall terminate if it
194 fails to comply with any of the material terms or conditions of this
195 Agreement and does not cure such failure in a reasonable period of
196 time after becoming aware of such noncompliance. If all Recipient's
197 rights under this Agreement terminate, Recipient agrees to cease use
198 and distribution of the Program as soon as reasonably
199 practicable. However, Recipient's obligations under this Agreement and
200 any licenses granted by Recipient relating to the Program shall
201 continue and survive.
202
203 Everyone is permitted to copy and distribute copies of this Agreement,
204 but in order to avoid inconsistency the Agreement is copyrighted and
205 may only be modified in the following manner. The Agreement Steward
206 reserves the right to publish new versions (including revisions) of
207 this Agreement from time to time. No one other than the Agreement
208 Steward has the right to modify this Agreement. The Eclipse Foundation
209 is the initial Agreement Steward. The Eclipse Foundation may assign
210 the responsibility to serve as the Agreement Steward to a suitable
211 separate entity. Each new version of the Agreement will be given a
212 distinguishing version number. The Program (including Contributions)
213 may always be distributed subject to the version of the Agreement
214 under which it was received. In addition, after a new version of the
215 Agreement is published, Contributor may elect to distribute the
216 Program (including its Contributions) under the new version. Except as
217 expressly stated in Sections 2(a) and 2(b) above, Recipient receives
218 no rights or licenses to the intellectual property of any Contributor
219 under this Agreement, whether expressly, by implication, estoppel or
220 otherwise. All rights in the Program not expressly granted under this
221 Agreement are reserved.
222
223 This Agreement is governed by the laws of the State of Washington and
224 the intellectual property laws of the United States of America. No
225 party to this Agreement will bring a legal action under this Agreement
226 more than one year after the cause of action arose. Each party waives
227 its rights to a jury trial in any resulting litigation.
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