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Eclipse Public License - v 1.0 |
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC |
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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
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CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
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1. DEFINITIONS |
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"Contribution" means: |
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a) in the case of the initial Contributor, the initial code and documentation |
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distributed under this Agreement, and |
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b) in the case of each subsequent Contributor: |
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i) changes to the Program, and |
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ii) additions to the Program; |
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where such changes and/or additions to the Program originate from and are |
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distributed by that particular Contributor. A Contribution 'originates' |
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from a Contributor if it was added to the Program by such Contributor |
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itself or anyone acting on such Contributor's behalf. Contributions do not |
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include additions to the Program which: (i) are separate modules of |
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software distributed in conjunction with the Program under their own |
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license agreement, and (ii) are not derivative works of the Program. |
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"Contributor" means any person or entity that distributes the Program. |
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"Licensed Patents" mean patent claims licensable by a Contributor which are |
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necessarily infringed by the use or sale of its Contribution alone or when |
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combined with the Program. |
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"Program" means the Contributions distributed in accordance with this |
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Agreement. |
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"Recipient" means anyone who receives the Program under this Agreement, |
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including all Contributors. |
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2. GRANT OF RIGHTS |
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a) Subject to the terms of this Agreement, each Contributor hereby grants |
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Recipient a non-exclusive, worldwide, royalty-free copyright license to |
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reproduce, prepare derivative works of, publicly display, publicly |
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perform, distribute and sublicense the Contribution of such Contributor, |
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if any, and such derivative works, in source code and object code form. |
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b) Subject to the terms of this Agreement, each Contributor hereby grants |
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Recipient a non-exclusive, worldwide, royalty-free patent license under |
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Licensed Patents to make, use, sell, offer to sell, import and otherwise |
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transfer the Contribution of such Contributor, if any, in source code and |
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object code form. This patent license shall apply to the combination of |
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the Contribution and the Program if, at the time the Contribution is |
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added by the Contributor, such addition of the Contribution causes such |
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combination to be covered by the Licensed Patents. The patent license |
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shall not apply to any other combinations which include the Contribution. |
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No hardware per se is licensed hereunder. |
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c) Recipient understands that although each Contributor grants the licenses |
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to its Contributions set forth herein, no assurances are provided by any |
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Contributor that the Program does not infringe the patent or other |
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intellectual property rights of any other entity. Each Contributor |
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disclaims any liability to Recipient for claims brought by any other |
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entity based on infringement of intellectual property rights or |
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otherwise. As a condition to exercising the rights and licenses granted |
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hereunder, each Recipient hereby assumes sole responsibility to secure |
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any other intellectual property rights needed, if any. For example, if a |
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third party patent license is required to allow Recipient to distribute |
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the Program, it is Recipient's responsibility to acquire that license |
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before distributing the Program. |
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d) Each Contributor represents that to its knowledge it has sufficient |
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copyright rights in its Contribution, if any, to grant the copyright |
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license set forth in this Agreement. |
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3. REQUIREMENTS |
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A Contributor may choose to distribute the Program in object code form under |
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its own license agreement, provided that: |
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a) it complies with the terms and conditions of this Agreement; and |
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b) its license agreement: |
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i) effectively disclaims on behalf of all Contributors all warranties |
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and conditions, express and implied, including warranties or |
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conditions of title and non-infringement, and implied warranties or |
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conditions of merchantability and fitness for a particular purpose; |
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ii) effectively excludes on behalf of all Contributors all liability for |
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damages, including direct, indirect, special, incidental and |
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consequential damages, such as lost profits; |
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iii) states that any provisions which differ from this Agreement are |
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offered by that Contributor alone and not by any other party; and |
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iv) states that source code for the Program is available from such |
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Contributor, and informs licensees how to obtain it in a reasonable |
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manner on or through a medium customarily used for software exchange. |
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When the Program is made available in source code form: |
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a) it must be made available under this Agreement; and |
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b) a copy of this Agreement must be included with each copy of the Program. |
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Contributors may not remove or alter any copyright notices contained |
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within the Program. |
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Each Contributor must identify itself as the originator of its Contribution, |
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if |
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any, in a manner that reasonably allows subsequent Recipients to identify the |
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originator of the Contribution. |
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4. COMMERCIAL DISTRIBUTION |
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Commercial distributors of software may accept certain responsibilities with |
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respect to end users, business partners and the like. While this license is |
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intended to facilitate the commercial use of the Program, the Contributor who |
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includes the Program in a commercial product offering should do so in a manner |
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which does not create potential liability for other Contributors. Therefore, |
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if a Contributor includes the Program in a commercial product offering, such |
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Contributor ("Commercial Contributor") hereby agrees to defend and indemnify |
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every other Contributor ("Indemnified Contributor") against any losses, |
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damages and costs (collectively "Losses") arising from claims, lawsuits and |
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other legal actions brought by a third party against the Indemnified |
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Contributor to the extent caused by the acts or omissions of such Commercial |
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Contributor in connection with its distribution of the Program in a commercial |
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product offering. The obligations in this section do not apply to any claims |
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or Losses relating to any actual or alleged intellectual property |
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infringement. In order to qualify, an Indemnified Contributor must: |
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a) promptly notify the Commercial Contributor in writing of such claim, and |
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b) allow the Commercial Contributor to control, and cooperate with the |
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Commercial Contributor in, the defense and any related settlement |
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negotiations. The Indemnified Contributor may participate in any such claim at |
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its own expense. |
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For example, a Contributor might include the Program in a commercial product |
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offering, Product X. That Contributor is then a Commercial Contributor. If |
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that Commercial Contributor then makes performance claims, or offers |
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warranties related to Product X, those performance claims and warranties are |
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such Commercial Contributor's responsibility alone. Under this section, the |
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Commercial Contributor would have to defend claims against the other |
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Contributors related to those performance claims and warranties, and if a |
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court requires any other Contributor to pay any damages as a result, the |
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Commercial Contributor must pay those damages. |
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5. NO WARRANTY |
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN |
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"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
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IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
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NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each |
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Recipient is solely responsible for determining the appropriateness of using |
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and distributing the Program and assumes all risks associated with its |
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exercise of rights under this Agreement , including but not limited to the |
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risks and costs of program errors, compliance with applicable laws, damage to |
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or loss of data, programs or equipment, and unavailability or interruption of |
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operations. |
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6. DISCLAIMER OF LIABILITY |
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
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CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
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SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION |
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LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN |
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CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
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ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE |
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EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY |
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OF SUCH DAMAGES. |
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7. GENERAL |
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If any provision of this Agreement is invalid or unenforceable under |
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applicable law, it shall not affect the validity or enforceability of the |
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remainder of the terms of this Agreement, and without further action by the |
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parties hereto, such provision shall be reformed to the minimum extent |
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necessary to make such provision valid and enforceable. |
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If Recipient institutes patent litigation against any entity (including a |
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cross-claim or counterclaim in a lawsuit) alleging that the Program itself |
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(excluding combinations of the Program with other software or hardware) |
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infringes such Recipient's patent(s), then such Recipient's rights granted |
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under Section 2(b) shall terminate as of the date such litigation is filed. |
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All Recipient's rights under this Agreement shall terminate if it fails to |
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comply with any of the material terms or conditions of this Agreement and does |
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not cure such failure in a reasonable period of time after becoming aware of |
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such noncompliance. If all Recipient's rights under this Agreement terminate, |
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Recipient agrees to cease use and distribution of the Program as soon as |
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reasonably practicable. However, Recipient's obligations under this Agreement |
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and any licenses granted by Recipient relating to the Program shall continue |
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and survive. |
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Everyone is permitted to copy and distribute copies of this Agreement, but in |
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order to avoid inconsistency the Agreement is copyrighted and may only be |
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modified in the following manner. The Agreement Steward reserves the right to |
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publish new versions (including revisions) of this Agreement from time to |
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time. No one other than the Agreement Steward has the right to modify this |
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Agreement. The Eclipse Foundation is the initial Agreement Steward. The |
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Eclipse Foundation may assign the responsibility to serve as the Agreement |
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Steward to a suitable separate entity. Each new version of the Agreement will |
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be given a distinguishing version number. The Program (including |
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Contributions) may always be distributed subject to the version of the |
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Agreement under which it was received. In addition, after a new version of the |
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Agreement is published, Contributor may elect to distribute the Program |
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(including its Contributions) under the new version. Except as expressly |
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stated in Sections 2(a) and 2(b) above, Recipient receives no rights or |
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licenses to the intellectual property of any Contributor under this Agreement, |
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whether expressly, by implication, estoppel or otherwise. All rights in the |
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Program not expressly granted under this Agreement are reserved. |
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This Agreement is governed by the laws of the State of New York and the |
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intellectual property laws of the United States of America. No party to this |
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Agreement will bring a legal action under this Agreement more than one year |
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after the cause of action arose. Each party waives its rights to a jury trial in |
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any resulting litigation. |
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