LICENSE 11KB

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