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0970f2d @trptcolin Add actual file with license text
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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
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 are
21 distributed by that particular Contributor. A Contribution 'originates' from a
22 Contributor if it was added to the Program by such Contributor itself or anyone
23 acting on such Contributor's behalf. Contributions do not include additions to
24 the Program which: (i) are separate modules of software distributed in
25 conjunction with the Program under their own license agreement, and (ii) are
26 not derivative works of the Program.
27
28 "Contributor" means any person or entity that distributes the Program.
29
30 "Licensed Patents " mean patent claims licensable by a Contributor which are
31 necessarily infringed by the use or sale of its Contribution alone or when
32 combined with the Program.
33
34 "Program" means the Contributions distributed in accordance with this
35 Agreement.
36
37 "Recipient" means anyone who receives the Program under this Agreement,
38 including all Contributors.
39
40 2. GRANT OF RIGHTS
41
42 a) Subject to the terms of this Agreement, each Contributor hereby grants
43 Recipient a non-exclusive, worldwide, royalty-free copyright license to
44 reproduce, prepare derivative works of, publicly display, publicly perform,
45 distribute and sublicense the Contribution of such Contributor, if any, and
46 such derivative works, in source code and object code form.
47
48 b) Subject to the terms of this Agreement, each Contributor hereby grants
49 Recipient a non-exclusive, worldwide, royalty-free patent license under
50 Licensed Patents to make, use, sell, offer to sell, import and otherwise
51 transfer the Contribution of such Contributor, if any, in source code and
52 object code form. This patent license shall apply to the combination of the
53 Contribution and the Program if, at the time the Contribution is added by the
54 Contributor, such addition of the Contribution causes such combination to be
55 covered by the Licensed Patents. The patent license shall not apply to any
56 other combinations which include the Contribution. No hardware per se is
57 licensed hereunder.
58
59 c) Recipient understands that although each Contributor grants the licenses to
60 its Contributions set forth herein, no assurances are provided by any
61 Contributor that the Program does not infringe the patent or other intellectual
62 property rights of any other entity. Each Contributor disclaims any liability
63 to Recipient for claims brought by any other entity based on infringement of
64 intellectual property rights or otherwise. As a condition to exercising the
65 rights and licenses granted hereunder, each Recipient hereby assumes sole
66 responsibility to secure any other intellectual property rights needed, if any.
67 For example, if a third party patent license is required to allow Recipient to
68 distribute the Program, it is Recipient's responsibility to acquire that
69 license before distributing the Program.
70
71 d) Each Contributor represents that to its knowledge it has sufficient
72 copyright rights in its Contribution, if any, to grant the copyright license
73 set forth in this Agreement.
74
75 3. REQUIREMENTS
76
77 A Contributor may choose to distribute the Program in object code form under
78 its own license agreement, provided that:
79
80 a) it complies with the terms and conditions of this Agreement; and
81
82 b) its license agreement:
83
84 i) effectively disclaims on behalf of all Contributors all warranties and
85 conditions, express and implied, including warranties or conditions of title
86 and non-infringement, and implied warranties or conditions of merchantability
87 and fitness for a particular purpose;
88
89 ii) effectively excludes on behalf of all Contributors all liability for
90 damages, including direct, indirect, special, incidental and consequential
91 damages, such as lost profits;
92
93 iii) states that any provisions which differ from this Agreement are offered by
94 that Contributor alone and not by any other party; and
95
96 iv) states that source code for the Program is available from such Contributor,
97 and informs licensees how to obtain it in a reasonable manner on or through a
98 medium customarily used for software exchange.
99
100 When the Program is made available in source code form:
101
102 a) it must be made available under this Agreement; and
103
104 b) a copy of this Agreement must be included with each copy of the Program.
105
106 Contributors may not remove or alter any copyright notices contained within the
107 Program.
108
109 Each Contributor must identify itself as the originator of its Contribution, if
110 any, in a manner that reasonably allows subsequent Recipients to identify the
111 originator of the Contribution.
112
113 4. COMMERCIAL DISTRIBUTION
114
115 Commercial distributors of software may accept certain responsibilities with
116 respect to end users, business partners and the like. While this license is
117 intended to facilitate the commercial use of the Program, the Contributor who
118 includes the Program in a commercial product offering should do so in a manner
119 which does not create potential liability for other Contributors. Therefore, if
120 a Contributor includes the Program in a commercial product offering, such
121 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
122 every other Contributor ("Indemnified Contributor") against any losses, damages
123 and costs (collectively "Losses") arising from claims, lawsuits and other legal
124 actions brought by a third party against the Indemnified Contributor to the
125 extent caused by the acts or omissions of such Commercial Contributor in
126 connection with its distribution of the Program in a commercial product
127 offering. The obligations in this section do not apply to any claims or Losses
128 relating to any actual or alleged intellectual property infringement. In order
129 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
130 Contributor in writing of such claim, and b) allow the Commercial Contributor
131 to control, and cooperate with the Commercial Contributor in, the defense and
132 any related settlement negotiations. The Indemnified Contributor may
133 participate in any such claim at its own expense.
134
135 For example, a Contributor might include the Program in a commercial product
136 offering, Product X. That Contributor is then a Commercial Contributor. If that
137 Commercial Contributor then makes performance claims, or offers warranties
138 related to Product X, those performance claims and warranties are such
139 Commercial Contributor's responsibility alone. Under this section, the
140 Commercial Contributor would have to defend claims against the other
141 Contributors related to those performance claims and warranties, and if a court
142 requires any other Contributor to pay any damages as a result, the Commercial
143 Contributor must pay those damages.
144
145 5. NO WARRANTY
146
147 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
148 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
149 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
150 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
151 Recipient is solely responsible for determining the appropriateness of using
152 and distributing the Program and assumes all risks associated with its exercise
153 of rights under this Agreement , including but not limited to the risks and
154 costs of program errors, compliance with applicable laws, damage to or loss of
155 data, programs or equipment, and unavailability or interruption of operations.
156
157 6. DISCLAIMER OF LIABILITY
158
159 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
160 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
161 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
162 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
163 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
164 WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
165 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
166
167 7. GENERAL
168
169 If any provision of this Agreement is invalid or unenforceable under applicable
170 law, it shall not affect the validity or enforceability of the remainder of the
171 terms of this Agreement, and without further action by the parties hereto, such
172 provision shall be reformed to the minimum extent necessary to make such
173 provision valid and enforceable.
174
175 If Recipient institutes patent litigation against any entity (including a
176 cross-claim or counterclaim in a lawsuit) alleging that the Program itself
177 (excluding combinations of the Program with other software or hardware)
178 infringes such Recipient's patent(s), then such Recipient's rights granted
179 under Section 2(b) shall terminate as of the date such litigation is filed.
180
181 All Recipient's rights under this Agreement shall terminate if it fails to
182 comply with any of the material terms or conditions of this Agreement and does
183 not cure such failure in a reasonable period of time after becoming aware of
184 such noncompliance. If all Recipient's rights under this Agreement terminate,
185 Recipient agrees to cease use and distribution of the Program as soon as
186 reasonably practicable. However, Recipient's obligations under this Agreement
187 and any licenses granted by Recipient relating to the Program shall continue
188 and survive.
189
190 Everyone is permitted to copy and distribute copies of this Agreement, but in
191 order to avoid inconsistency the Agreement is copyrighted and may only be
192 modified in the following manner. The Agreement Steward reserves the right to
193 publish new versions (including revisions) of this Agreement from time to time.
194 No one other than the Agreement Steward has the right to modify this Agreement.
195 The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation
196 may assign the responsibility to serve as the Agreement Steward to a suitable
197 separate entity. Each new version of the Agreement will be given a
198 distinguishing version number. The Program (including Contributions) may always
199 be distributed subject to the version of the Agreement under which it was
200 received. In addition, after a new version of the Agreement is published,
201 Contributor may elect to distribute the Program (including its Contributions)
202 under the new version. Except as expressly stated in Sections 2(a) and 2(b)
203 above, Recipient receives no rights or licenses to the intellectual property of
204 any Contributor under this Agreement, whether expressly, by implication,
205 estoppel or otherwise. All rights in the Program not expressly granted under
206 this Agreement are reserved.
207
208 This Agreement is governed by the laws of the State of New York and the
209 intellectual property laws of the United States of America. No party to this
210 Agreement will bring a legal action under this Agreement more than one year
211 after the cause of action arose. Each party waives its rights to a jury trial
212 in any resulting litigation.
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