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.
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