1Eclipse Public License -v 1.0 2 3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC 4LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM 5CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 6 71. DEFINITIONS 8 9"Contribution" means: 10 11a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and 12 13b) in the case of each subsequent Contributor: 14 15i) changes to the Program, and 16 17ii) additions to the Program; 18 19where such changes and/or additions to the Program originate from and are 20distributed by that particular Contributor. A Contribution 'originates' from a 21Contributor if it was added to the Program by such Contributor itself or 22anyone acting on such Contributor's behalf. Contributions do not include 23additions to the Program which: (i) are separate modules of software 24distributed in conjunction with the Program under their own license agreement, 25and (ii) are not derivative works of the Program. 26 27"Contributor" means any person or entity that distributes the Program. 28 29"Licensed Patents " mean patent claims licensable by a Contributor which are 30necessarily infringed by the use or sale of its Contribution alone or when 31combined with the Program. 32 33"Program" means the Contributions distributed in accordance with this 34Agreement. 35 36"Recipient" means anyone who receives the Program under this Agreement, 37including all Contributors. 38 392. GRANT OF RIGHTS 40 41a) Subject to the terms of this Agreement, each Contributor hereby grants 42Recipient a non-exclusive, worldwide, royalty-free copyright license to 43reproduce, prepare derivative works of, publicly display, publicly perform, 44distribute and sublicense the Contribution of such Contributor, if any, and 45such derivative works, in source code and object code form. 46 47b) Subject to the terms of this Agreement, each Contributor hereby grants 48Recipient a non-exclusive, worldwide, royalty-free patent license under 49Licensed Patents to make, use, sell, offer to sell, import and otherwise 50transfer the Contribution of such Contributor, if any, in source code and 51object code form. This patent license shall apply to the combination of the 52Contribution and the Program if, at the time the Contribution is added by the 53Contributor, such addition of the Contribution causes such combination to be 54covered by the Licensed Patents. The patent license shall not apply to any 55other combinations which include the Contribution. No hardware per se is 56licensed hereunder. 57 58c) Recipient understands that although each Contributor grants the licenses to 59its Contributions set forth herein, no assurances are provided by any 60Contributor that the Program does not infringe the patent or other 61intellectual property rights of any other entity. Each Contributor disclaims 62any liability to Recipient for claims brought by any other entity based on 63infringement of intellectual property rights or otherwise. As a condition to 64exercising the rights and licenses granted hereunder, each Recipient hereby 65assumes sole responsibility to secure any other intellectual property rights 66needed, if any. For example, if a third party patent license is required to 67allow Recipient to distribute the Program, it is Recipient's responsibility to 68acquire that license before distributing the Program. 69 70d) Each Contributor represents that to its knowledge it has sufficient 71copyright rights in its Contribution, if any, to grant the copyright license 72set forth in this Agreement. 73 743. REQUIREMENTS 75 76A Contributor may choose to distribute the Program in object code form under 77its own license agreement, provided that: 78 79a) it complies with the terms and conditions of this Agreement; and 80 81b) its license agreement: 82 83i) effectively disclaims on behalf of all Contributors all warranties and 84conditions, express and implied, including warranties or conditions of title 85and non-infringement, and implied warranties or conditions of merchantability 86and fitness for a particular purpose; 87 88ii) effectively excludes on behalf of all Contributors all liability for 89damages, including direct, indirect, special, incidental and consequential 90damages, such as lost profits; 91 92iii) states that any provisions which differ from this Agreement are offered 93by that Contributor alone and not by any other party; and 94 95iv) states that source code for the Program is available from such 96Contributor, and informs licensees how to obtain it in a reasonable manner on 97or through a medium customarily used for software exchange. 98 99When the Program is made available in source code form: 100 101a) it must be made available under this Agreement; and 102 103b) a copy of this Agreement must be included with each copy of the Program. 104 105Contributors may not remove or alter any copyright notices contained within 106the Program. 107 108Each Contributor must identify itself as the originator of its Contribution, 109if any, in a manner that reasonably allows subsequent Recipients to identify 110the originator of the Contribution. 111 1124. COMMERCIAL DISTRIBUTION 113 114Commercial distributors of software may accept certain responsibilities with 115respect to end users, business partners and the like. While this license is 116intended to facilitate the commercial use of the Program, the Contributor who 117includes the Program in a commercial product offering should do so in a manner 118which does not create potential liability for other Contributors. Therefore, 119if a Contributor includes the Program in a commercial product offering, such 120Contributor ("Commercial Contributor") hereby agrees to defend and indemnify 121every other Contributor ("Indemnified Contributor") against any losses, 122damages and costs (collectively "Losses") arising from claims, lawsuits and 123other legal actions brought by a third party against the Indemnified 124Contributor to the extent caused by the acts or omissions of such Commercial 125Contributor in connection with its distribution of the Program in a commercial 126product offering. The obligations in this section do not apply to any claims 127or Losses relating to any actual or alleged intellectual property 128infringement. In order to qualify, an Indemnified Contributor must: a) 129promptly notify the Commercial Contributor in writing of such claim, and b) 130allow the Commercial Contributor to control, and cooperate with the Commercial 131Contributor in, the defense and any related settlement negotiations. The 132Indemnified Contributor may participate in any such claim at its own expense. 133 134For example, a Contributor might include the Program in a commercial product 135offering, Product X. That Contributor is then a Commercial Contributor. If 136that Commercial Contributor then makes performance claims, or offers 137warranties related to Product X, those performance claims and warranties are 138such Commercial Contributor's responsibility alone. Under this section, the 139Commercial Contributor would have to defend claims against the other 140Contributors related to those performance claims and warranties, and if a 141court requires any other Contributor to pay any damages as a result, the 142Commercial Contributor must pay those damages. 143 1445. NO WARRANTY 145 146EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN 147"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR 148IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, 149NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each 150Recipient is solely responsible for determining the appropriateness of using 151and distributing the Program and assumes all risks associated with its 152exercise of rights under this Agreement , including but not limited to the 153risks and costs of program errors, compliance with applicable laws, damage to 154or loss of data, programs or equipment, and unavailability or interruption of 155operations. 156 1576. DISCLAIMER OF LIABILITY 158 159EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY 160CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, 161SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION 162LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN 163CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) 164ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE 165EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY 166OF SUCH DAMAGES. 167 1687. GENERAL 169 170If any provision of this Agreement is invalid or unenforceable under 171applicable law, it shall not affect the validity or enforceability of the 172remainder of the terms of this Agreement, and without further action by the 173parties hereto, such provision shall be reformed to the minimum extent 174necessary to make such provision valid and enforceable. 175 176If Recipient institutes patent litigation against any entity (including a 177cross-claim or counterclaim in a lawsuit) alleging that the Program itself 178(excluding combinations of the Program with other software or hardware) 179infringes such Recipient's patent(s), then such Recipient's rights granted 180under Section 2(b) shall terminate as of the date such litigation is filed. 181 182All Recipient's rights under this Agreement shall terminate if it fails to 183comply with any of the material terms or conditions of this Agreement and does 184not cure such failure in a reasonable period of time after becoming aware of 185such noncompliance. If all Recipient's rights under this Agreement terminate, 186Recipient agrees to cease use and distribution of the Program as soon as 187reasonably practicable. However, Recipient's obligations under this Agreement 188and any licenses granted by Recipient relating to the Program shall continue 189and survive. 190 191Everyone is permitted to copy and distribute copies of this Agreement, but in 192order to avoid inconsistency the Agreement is copyrighted and may only be 193modified in the following manner. The Agreement Steward reserves the right to 194publish new versions (including revisions) of this Agreement from time to 195time. No one other than the Agreement Steward has the right to modify this 196Agreement. The Eclipse Foundation is the initial Agreement Steward. The 197Eclipse Foundation may assign the responsibility to serve as the Agreement 198Steward to a suitable separate entity. Each new version of the Agreement will 199be given a distinguishing version number. The Program (including 200Contributions) may always be distributed subject to the version of the 201Agreement under which it was received. In addition, after a new version of the 202Agreement is published, Contributor may elect to distribute the Program 203(including its Contributions) under the new version. Except as expressly 204stated in Sections 2(a) and 2(b) above, Recipient receives no rights or 205licenses to the intellectual property of any Contributor under this Agreement, 206whether expressly, by implication, estoppel or otherwise. All rights in the 207Program not expressly granted under this Agreement are reserved. 208 209This Agreement is governed by the laws of the State of New York and the 210intellectual property laws of the United States of America. No party to this 211Agreement will bring a legal action under this Agreement more than one year 212after the cause of action arose. Each party waives its rights to a jury trial 213in any resulting litigation. 214 215