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epl-v10.txt
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epl-v10.txt
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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.