1*Eclipse 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 OF 5THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 6 7*1. DEFINITIONS* 8 9"Contribution" means: 10 11a) in the case of the initial Contributor, the initial code and 12documentation distributed under this Agreement, and 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 20are distributed by that particular Contributor. A Contribution 21'originates' from a Contributor if it was added to the Program by such 22Contributor itself or anyone acting on such Contributor's behalf. 23Contributions do not include additions to the Program which: (i) are 24separate modules of software distributed in conjunction with the Program 25under their own license agreement, and (ii) are not derivative works of 26the 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 31are necessarily infringed by the use or sale of its Contribution alone 32or when combined with the Program. 33 34"Program" means the Contributions distributed in accordance with this 35Agreement. 36 37"Recipient" means anyone who receives the Program under this Agreement, 38including all Contributors. 39 40*2. GRANT OF RIGHTS* 41 42a) Subject to the terms of this Agreement, each Contributor hereby 43grants Recipient a non-exclusive, worldwide, royalty-free copyright 44license to reproduce, prepare derivative works of, publicly display, 45publicly perform, distribute and sublicense the Contribution of such 46Contributor, if any, and such derivative works, in source code and 47object code form. 48 49b) Subject to the terms of this Agreement, each Contributor hereby 50grants Recipient a non-exclusive, worldwide, royalty-free patent license 51under Licensed Patents to make, use, sell, offer to sell, import and 52otherwise transfer the Contribution of such Contributor, if any, in 53source code and object code form. This patent license shall apply to the 54combination of the Contribution and the Program if, at the time the 55Contribution is added by the Contributor, such addition of the 56Contribution causes such combination to be covered by the Licensed 57Patents. The patent license shall not apply to any other combinations 58which include the Contribution. No hardware per se is licensed hereunder. 59 60c) Recipient understands that although each Contributor grants the 61licenses to its Contributions set forth herein, no assurances are 62provided by any Contributor that the Program does not infringe the 63patent or other intellectual property rights of any other entity. Each 64Contributor disclaims any liability to Recipient for claims brought by 65any other entity based on infringement of intellectual property rights 66or otherwise. As a condition to exercising the rights and licenses 67granted hereunder, each Recipient hereby assumes sole responsibility to 68secure any other intellectual property rights needed, if any. For 69example, if a third party patent license is required to allow Recipient 70to distribute the Program, it is Recipient's responsibility to acquire 71that license before distributing the Program. 72 73d) Each Contributor represents that to its knowledge it has sufficient 74copyright rights in its Contribution, if any, to grant the copyright 75license set forth in this Agreement. 76 77*3. REQUIREMENTS* 78 79A Contributor may choose to distribute the Program in object code form 80under its own license agreement, provided that: 81 82a) it complies with the terms and conditions of this Agreement; and 83 84b) its license agreement: 85 86i) effectively disclaims on behalf of all Contributors all warranties 87and conditions, express and implied, including warranties or conditions 88of title and non-infringement, and implied warranties or conditions of 89merchantability and fitness for a particular purpose; 90 91ii) effectively excludes on behalf of all Contributors all liability for 92damages, including direct, indirect, special, incidental and 93consequential damages, such as lost profits; 94 95iii) states that any provisions which differ from this Agreement are 96offered by that Contributor alone and not by any other party; and 97 98iv) states that source code for the Program is available from such 99Contributor, and informs licensees how to obtain it in a reasonable 100manner on or through a medium customarily used for software exchange. 101 102When the Program is made available in source code form: 103 104a) it must be made available under this Agreement; and 105 106b) a copy of this Agreement must be included with each copy of the Program. 107 108Contributors may not remove or alter any copyright notices contained 109within the Program. 110 111Each Contributor must identify itself as the originator of its 112Contribution, if any, in a manner that reasonably allows subsequent 113Recipients to identify the originator of the Contribution. 114 115*4. COMMERCIAL DISTRIBUTION* 116 117Commercial distributors of software may accept certain responsibilities 118with respect to end users, business partners and the like. While this 119license is intended to facilitate the commercial use of the Program, the 120Contributor who includes the Program in a commercial product offering 121should do so in a manner which does not create potential liability for 122other Contributors. Therefore, if a Contributor includes the Program in 123a commercial product offering, such Contributor ("Commercial 124Contributor") hereby agrees to defend and indemnify every other 125Contributor ("Indemnified Contributor") against any losses, damages and 126costs (collectively "Losses") arising from claims, lawsuits and other 127legal actions brought by a third party against the Indemnified 128Contributor to the extent caused by the acts or omissions of such 129Commercial Contributor in connection with its distribution of the 130Program in a commercial product offering. The obligations in this 131section do not apply to any claims or Losses relating to any actual or 132alleged intellectual property infringement. In order to qualify, an 133Indemnified Contributor must: a) promptly notify the Commercial 134Contributor in writing of such claim, and b) allow the Commercial 135Contributor to control, and cooperate with the Commercial Contributor 136in, the defense and any related settlement negotiations. The Indemnified 137Contributor may participate in any such claim at its own expense. 138 139For example, a Contributor might include the Program in a commercial 140product offering, Product X. That Contributor is then a Commercial 141Contributor. If that Commercial Contributor then makes performance 142claims, or offers warranties related to Product X, those performance 143claims and warranties are such Commercial Contributor's responsibility 144alone. Under this section, the Commercial Contributor would have to 145defend claims against the other Contributors related to those 146performance claims and warranties, and if a court requires any other 147Contributor to pay any damages as a result, the Commercial Contributor 148must pay those damages. 149 150*5. NO WARRANTY* 151 152EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 153ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, 154EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES 155OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR 156A PARTICULAR PURPOSE. Each Recipient is solely responsible for 157determining the appropriateness of using and distributing the Program 158and assumes all risks associated with its exercise of rights under this 159Agreement , including but not limited to the risks and costs of program 160errors, compliance with applicable laws, damage to or loss of data, 161programs or equipment, and unavailability or interruption of operations. 162 163*6. DISCLAIMER OF LIABILITY* 164 165EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 166ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 167INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 168WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 169LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 170NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 171DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 172HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 173 174*7. GENERAL* 175 176If any provision of this Agreement is invalid or unenforceable under 177applicable law, it shall not affect the validity or enforceability of 178the remainder of the terms of this Agreement, and without further action 179by the parties hereto, such provision shall be reformed to the minimum 180extent necessary to make such provision valid and enforceable. 181 182If Recipient institutes patent litigation against any entity (including 183a cross-claim or counterclaim in a lawsuit) alleging that the Program 184itself (excluding combinations of the Program with other software or 185hardware) infringes such Recipient's patent(s), then such Recipient's 186rights granted under Section 2(b) shall terminate as of the date such 187litigation is filed. 188 189All Recipient's rights under this Agreement shall terminate if it fails 190to comply with any of the material terms or conditions of this Agreement 191and does not cure such failure in a reasonable period of time after 192becoming aware of such noncompliance. If all Recipient's rights under 193this Agreement terminate, Recipient agrees to cease use and distribution 194of the Program as soon as reasonably practicable. However, Recipient's 195obligations under this Agreement and any licenses granted by Recipient 196relating to the Program shall continue and survive. 197 198Everyone is permitted to copy and distribute copies of this Agreement, 199but in order to avoid inconsistency the Agreement is copyrighted and may 200only be modified in the following manner. The Agreement Steward reserves 201the right to publish new versions (including revisions) of this 202Agreement from time to time. No one other than the Agreement Steward has 203the right to modify this Agreement. The Eclipse Foundation is the 204initial Agreement Steward. The Eclipse Foundation may assign the 205responsibility to serve as the Agreement Steward to a suitable separate 206entity. Each new version of the Agreement will be given a distinguishing 207version number. The Program (including Contributions) may always be 208distributed subject to the version of the Agreement under which it was 209received. In addition, after a new version of the Agreement is 210published, Contributor may elect to distribute the Program (including 211its Contributions) under the new version. Except as expressly stated in 212Sections 2(a) and 2(b) above, Recipient receives no rights or licenses 213to the intellectual property of any Contributor under this Agreement, 214whether expressly, by implication, estoppel or otherwise. All rights in 215the Program not expressly granted under this Agreement are reserved. 216 217This Agreement is governed by the laws of the State of New York and the 218intellectual property laws of the United States of America. No party to 219this Agreement will bring a legal action under this Agreement more than 220one year after the cause of action arose. Each party waives its rights 221to a jury trial in any resulting litigation. 222 223 224 225