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-Eclipse Public License - v 1.0
-
- THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
- PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
- THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
-
- 1. DEFINITIONS
-
- "Contribution" means:
-
- a) in the case of the initial Contributor, the initial code and
- documentation distributed under this Agreement, and
-
- b) in the case of each subsequent Contributor:
-
- i) changes to the Program, and
-
- ii) additions to the Program;
-
- where such changes and/or additions to the Program originate from and
- are distributed by that particular Contributor. A Contribution
- 'originates' from a Contributor if it was added to the Program by such
- Contributor itself or anyone acting on such Contributor's behalf.
- Contributions do not include additions to the Program which: (i) are
- separate modules of software distributed in conjunction with the
- Program under their own license agreement, and (ii) are not derivative
- works of the Program.
-
- "Contributor" means any person or entity that distributes the Program.
-
- "Licensed Patents" mean patent claims licensable by a Contributor which
- are necessarily infringed by the use or sale of its Contribution alone
- or when combined with the Program.
-
- "Program" means the Contributions distributed in accordance with this
- Agreement.
-
- "Recipient" means anyone who receives the Program under this Agreement,
- including all Contributors.
-
- 2. GRANT OF RIGHTS
-
- a) Subject to the terms of this Agreement, each Contributor hereby
- grants Recipient a non-exclusive, worldwide, royalty-free copyright
- license to reproduce, prepare derivative works of, publicly display,
- publicly perform, distribute and sublicense the Contribution of such
- Contributor, if any, and such derivative works, in source code and
- object code form.
-
- b) Subject to the terms of this Agreement, each Contributor hereby
- grants Recipient a non-exclusive, worldwide, royalty-free patent
- license under Licensed Patents to make, use, sell, offer to sell,
- import and otherwise transfer the Contribution of such Contributor, if
- any, in source code and object code form. This patent license shall
- apply to the combination of the Contribution and the Program if, at the
- time the Contribution is added by the Contributor, such addition of the
- Contribution causes such combination to be covered by the Licensed
- Patents. The patent license shall not apply to any other combinations
- which include the Contribution. No hardware per se is licensed
- hereunder.
-
- c) Recipient understands that although each Contributor grants the
- licenses to its Contributions set forth herein, no assurances are
- provided by any Contributor that the Program does not infringe the
- patent or other intellectual property rights of any other entity. Each
- Contributor disclaims any liability to Recipient for claims brought by
- any other entity based on infringement of intellectual property rights
- or otherwise. As a condition to exercising the rights and licenses
- granted hereunder, each Recipient hereby assumes sole responsibility to
- secure any other intellectual property rights needed, if any. For
- example, if a third party patent license is required to allow Recipient
- to distribute the Program, it is Recipient's responsibility to acquire
- that license before distributing the Program.
-
- d) Each Contributor represents that to its knowledge it has sufficient
- copyright rights in its Contribution, if any, to grant the copyright
- license set forth in this Agreement.
-
- 3. REQUIREMENTS
-
- A Contributor may choose to distribute the Program in object code form
- under its own license agreement, provided that:
-
- a) it complies with the terms and conditions of this Agreement; and
-
- b) its license agreement:
-
- i) effectively disclaims on behalf of all Contributors all warranties
- and conditions, express and implied, including warranties or conditions
- of title and non-infringement, and implied warranties or conditions of
- merchantability and fitness for a particular purpose;
-
- ii) effectively excludes on behalf of all Contributors all liability
- for damages, including direct, indirect, special, incidental and
- consequential damages, such as lost profits;
-
- iii) states that any provisions which differ from this Agreement are
- offered by that Contributor alone and not by any other party; and
-
- iv) states that source code for the Program is available from such
- Contributor, and informs licensees how to obtain it in a reasonable
- manner on or through a medium customarily used for software exchange.
-
- When the Program is made available in source code form:
-
- a) it must be made available under this Agreement; and
-
- b) a copy of this Agreement must be included with each copy of the
- Program.
-
- Contributors may not remove or alter any copyright notices contained
- within the Program.
-
- Each Contributor must identify itself as the originator of its
- Contribution, if any, in a manner that reasonably allows subsequent
- Recipients to identify the originator of the Contribution.
-
- 4. COMMERCIAL DISTRIBUTION
-
- Commercial distributors of software may accept certain responsibilities
- with respect to end users, business partners and the like. While this
- license is intended to facilitate the commercial use of the Program,
- the Contributor who includes the Program in a commercial product
- offering should do so in a manner which does not create potential
- liability for other Contributors. Therefore, if a Contributor includes
- the Program in a commercial product offering, such Contributor
- ("Commercial Contributor") hereby agrees to defend and indemnify every
- other Contributor ("Indemnified Contributor") against any losses,
- damages and costs (collectively "Losses") arising from claims, lawsuits
- and other legal actions brought by a third party against the
- Indemnified Contributor to the extent caused by the acts or omissions
- of such Commercial Contributor in connection with its distribution of
- the Program in a commercial product offering. The obligations in this
- section do not apply to any claims or Losses relating to any actual or
- alleged intellectual property infringement. In order to qualify, an
- Indemnified Contributor must: a) promptly notify the Commercial
- Contributor in writing of such claim, and b) allow the Commercial
- Contributor to control, and cooperate with the Commercial Contributor
- in, the defense and any related settlement negotiations. The
- Indemnified Contributor may participate in any such claim at its own
- expense.
-
- For example, a Contributor might include the Program in a commercial
- product offering, Product X. That Contributor is then a Commercial
- Contributor. If that Commercial Contributor then makes performance
- claims, or offers warranties related to Product X, those performance
- claims and warranties are such Commercial Contributor's responsibility
- alone. Under this section, the Commercial Contributor would have to
- defend claims against the other Contributors related to those
- performance claims and warranties, and if a court requires any other
- Contributor to pay any damages as a result, the Commercial Contributor
- must pay those damages.
-
- 5. NO WARRANTY
-
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
- PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
- KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
- WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
- FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible
- for determining the appropriateness of using and distributing the
- Program and assumes all risks associated with its exercise of rights
- under this Agreement , including but not limited to the risks and costs
- of program errors, compliance with applicable laws, damage to or loss
- of data, programs or equipment, and unavailability or interruption of
- operations.
-
- 6. DISCLAIMER OF LIABILITY
-
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
- ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
- INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
- WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
- LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
- NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
- DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
- HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
- 7. GENERAL
-
- If any provision of this Agreement is invalid or unenforceable under
- applicable law, it shall not affect the validity or enforceability of
- the remainder of the terms of this Agreement, and without further
- action by the parties hereto, such provision shall be reformed to the
- minimum extent necessary to make such provision valid and enforceable.
-
- If Recipient institutes patent litigation against any entity (including
- a cross-claim or counterclaim in a lawsuit) alleging that the Program
- itself (excluding combinations of the Program with other software or
- hardware) infringes such Recipient's patent(s), then such Recipient's
- rights granted under Section 2(b) shall terminate as of the date such
- litigation is filed.
-
- All Recipient's rights under this Agreement shall terminate if it fails
- to comply with any of the material terms or conditions of this
- Agreement and does not cure such failure in a reasonable period of time
- after becoming aware of such noncompliance. If all Recipient's rights
- under this Agreement terminate, Recipient agrees to cease use and
- distribution of the Program as soon as reasonably practicable. However,
- Recipient's obligations under this Agreement and any licenses granted
- by Recipient relating to the Program shall continue and survive.
-
- Everyone is permitted to copy and distribute copies of this Agreement,
- but in order to avoid inconsistency the Agreement is copyrighted and
- may only be modified in the following manner. The Agreement Steward
- reserves the right to publish new versions (including revisions) of
- this Agreement from time to time. No one other than the Agreement
- Steward has the right to modify this Agreement. The Eclipse Foundation
- is the initial Agreement Steward. The Eclipse Foundation may assign the
- responsibility to serve as the Agreement Steward to a suitable separate
- entity. Each new version of the Agreement will be given a
- distinguishing version number. The Program (including Contributions)
- may always be distributed subject to the version of the Agreement under
- which it was received. In addition, after a new version of the
- Agreement is published, Contributor may elect to distribute the Program
- (including its Contributions) under the new version. Except as
- expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
- rights or licenses to the intellectual property of any Contributor
- under this Agreement, whether expressly, by implication, estoppel or
- otherwise. All rights in the Program not expressly granted under this
- Agreement are reserved.
-
- This Agreement is governed by the laws of the State of New York and the
- intellectual property laws of the United States of America. No party to
- this Agreement will bring a legal action under this Agreement more than
- one year after the cause of action arose. Each party waives its rights
- to a jury trial in any resulting litigation.