1Eclipse Public License - v 1.0 2 3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE 4PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION 5OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 6 71. 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 21 from and are distributed by that particular Contributor. A 22 Contribution 'originates' from a Contributor if it was added to 23 the Program by such Contributor itself or anyone acting on such 24 Contributor's behalf. Contributions do not include additions to 25 the Program which: (i) are separate modules of software 26 distributed in conjunction with the Program under their own 27 license agreement, and (ii) are not derivative works of the 28 Program. 29 30"Contributor" means any person or entity that distributes the 31Program. 32 33"Licensed Patents" mean patent claims licensable by a Contributor 34which are necessarily infringed by the use or sale of its 35Contribution alone or when combined with the Program. 36 37"Program" means the Contributions distributed in accordance with 38this Agreement. 39 40"Recipient" means anyone who receives the Program under this 41Agreement, including all Contributors. 42 432. GRANT OF RIGHTS 44 45a) Subject to the terms of this Agreement, each Contributor hereby 46grants Recipient a non-exclusive, worldwide, royalty-free copyright 47license to reproduce, prepare derivative works of, publicly display, 48publicly perform, distribute and sublicense the Contribution of such 49Contributor, if any, and such derivative works, in source code and 50object code form. 51 52b) Subject to the terms of this Agreement, each Contributor hereby 53grants Recipient a non-exclusive, worldwide, royalty-free patent 54license under Licensed Patents to make, use, sell, offer to sell, 55import and otherwise transfer the Contribution of such Contributor, 56if any, in source code and object code form. This patent license 57shall apply to the combination of the Contribution and the Program 58if, at the time the Contribution is added by the Contributor, such 59addition of the Contribution causes such combination to be covered 60by the Licensed Patents. The patent license shall not apply to any 61other combinations which include the Contribution. No hardware per 62se is licensed hereunder. 63 64c) Recipient understands that although each Contributor grants the 65licenses to its Contributions set forth herein, no assurances are 66provided by any Contributor that the Program does not infringe the 67patent or other intellectual property rights of any other 68entity. Each Contributor disclaims any liability to Recipient for 69claims brought by any other entity based on infringement of 70intellectual property rights or otherwise. As a condition to 71exercising the rights and licenses granted hereunder, each Recipient 72hereby assumes sole responsibility to secure any other intellectual 73property rights needed, if any. For example, if a third party patent 74license is required to allow Recipient to distribute the Program, it 75is Recipient's responsibility to acquire that license before 76distributing the Program. 77 78d) Each Contributor represents that to its knowledge it has 79sufficient copyright rights in its Contribution, if any, to grant 80the copyright license set forth in this Agreement. 81 823. REQUIREMENTS 83 84A Contributor may choose to distribute the Program in object code 85form under its own license agreement, provided that: 86 87 a) it complies with the terms and conditions of this Agreement; 88 and 89 90 b) its license agreement: 91 92 i) effectively disclaims on behalf of all Contributors all 93 warranties and conditions, express and implied, including 94 warranties or conditions of title and non-infringement, and 95 implied warranties or conditions of merchantability and 96 fitness for a particular purpose; 97 98 ii) effectively excludes on behalf of all Contributors all 99 liability for damages, including direct, indirect, special, 100 incidental and consequential damages, such as lost profits; 101 102 iii) states that any provisions which differ from this 103 Agreement are offered by that Contributor alone and not by 104 any other party; and 105 106 iv) states that source code for the Program is available 107 from such Contributor, and informs licensees how to obtain 108 it in a reasonable manner on or through a medium customarily 109 used for software exchange. 110 111When the Program is made available in source code form: 112 113 a) it must be made available under this Agreement; and 114 115 b) a copy of this Agreement must be included with each copy of 116 the Program. 117 118Contributors may not remove or alter any copyright notices contained 119within the Program. 120 121Each Contributor must identify itself as the originator of its 122Contribution, if any, in a manner that reasonably allows subsequent 123Recipients to identify the originator of the Contribution. 124 1254. COMMERCIAL DISTRIBUTION 126 127Commercial distributors of software may accept certain 128responsibilities with respect to end users, business partners and 129the like. While this license is intended to facilitate the 130commercial use of the Program, the Contributor who includes the 131Program in a commercial product offering should do so in a manner 132which does not create potential liability for other 133Contributors. Therefore, if a Contributor includes the Program in a 134commercial product offering, such Contributor ("Commercial 135Contributor") hereby agrees to defend and indemnify every other 136Contributor ("Indemnified Contributor") against any losses, damages 137and costs (collectively "Losses") arising from claims, lawsuits and 138other legal actions brought by a third party against the Indemnified 139Contributor to the extent caused by the acts or omissions of such 140Commercial Contributor in connection with its distribution of the 141Program in a commercial product offering. The obligations in this 142section do not apply to any claims or Losses relating to any actual 143or alleged intellectual property infringement. In order to qualify, 144an Indemnified Contributor must: a) promptly notify the Commercial 145Contributor in writing of such claim, and b) allow the Commercial 146Contributor to control, and cooperate with the Commercial 147Contributor in, the defense and any related settlement 148negotiations. The Indemnified Contributor may participate in any 149such claim at its own expense. 150 151For example, a Contributor might include the Program in a commercial 152product offering, Product X. That Contributor is then a Commercial 153Contributor. If that Commercial Contributor then makes performance 154claims, or offers warranties related to Product X, those performance 155claims and warranties are such Commercial Contributor's 156responsibility alone. Under this section, the Commercial Contributor 157would have to defend claims against the other Contributors related 158to those performance claims and warranties, and if a court requires 159any other Contributor to pay any damages as a result, the Commercial 160Contributor must pay those damages. 161 1625. NO WARRANTY 163 164EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS 165PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF 166ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, 167ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, 168MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient 169is solely responsible for determining the appropriateness of using 170and distributing the Program and assumes all risks associated with 171its exercise of rights under this Agreement , including but not 172limited to the risks and costs of program errors, compliance with 173applicable laws, damage to or loss of data, programs or equipment, 174and unavailability or interruption of operations. 175 1766. DISCLAIMER OF LIABILITY 177 178EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT 179NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, 180INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES 181(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON 182ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR 183TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF 184THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS 185GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH 186DAMAGES. 187 1887. GENERAL 189 190If any provision of this Agreement is invalid or unenforceable under 191applicable law, it shall not affect the validity or enforceability 192of the remainder of the terms of this Agreement, and without further 193action by the parties hereto, such provision shall be reformed to 194the minimum extent necessary to make such provision valid and 195enforceable. 196 197If Recipient institutes patent litigation against any entity 198(including a cross-claim or counterclaim in a lawsuit) alleging that 199the Program itself (excluding combinations of the Program with other 200software or hardware) infringes such Recipient's patent(s), then 201such Recipient's rights granted under Section 2(b) shall terminate 202as of the date such litigation is filed. 203 204All Recipient's rights under this Agreement shall terminate if it 205fails to comply with any of the material terms or conditions of this 206Agreement and does not cure such failure in a reasonable period of 207time after becoming aware of such noncompliance. If all Recipient's 208rights under this Agreement terminate, Recipient agrees to cease use 209and distribution of the Program as soon as reasonably 210practicable. However, Recipient's obligations under this Agreement 211and any licenses granted by Recipient relating to the Program shall 212continue and survive. 213 214Everyone is permitted to copy and distribute copies of this 215Agreement, but in order to avoid inconsistency the Agreement is 216copyrighted and may only be modified in the following manner. The 217Agreement Steward reserves the right to publish new versions 218(including revisions) of this Agreement from time to time. No one 219other than the Agreement Steward has the right to modify this 220Agreement. The Eclipse Foundation is the initial Agreement 221Steward. The Eclipse Foundation may assign the responsibility to 222serve as the Agreement Steward to a suitable separate entity. Each 223new version of the Agreement will be given a distinguishing version 224number. The Program (including Contributions) may always be 225distributed subject to the version of the Agreement under which it 226was received. In addition, after a new version of the Agreement is 227published, Contributor may elect to distribute the Program 228(including its Contributions) under the new version. Except as 229expressly stated in Sections 2(a) and 2(b) above, Recipient receives 230no rights or licenses to the intellectual property of any 231Contributor under this Agreement, whether expressly, by implication, 232estoppel or otherwise. All rights in the Program not expressly 233granted under this Agreement are reserved. 234 235This Agreement is governed by the laws of the State of New York and 236the intellectual property laws of the United States of America. No 237party to this Agreement will bring a legal action under this 238Agreement more than one year after the cause of action arose. Each 239party waives its rights to a jury trial in any resulting litigation. 240