1<?xml version="1.0" encoding="UTF-8" ?> 2<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> 3<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> 4<head> 5 <meta http-equiv="Content-Type" content="text/html; charset=UTF-8" /> 6 <link rel="stylesheet" href="resources/doc.css" charset="UTF-8" type="text/css" /> 7 <link rel="shortcut icon" href="resources/report.gif" type="image/gif" /> 8 <title>JaCoCo - Eclipse Public License - Version 1.0</title> 9<style type="text/css"> 10 p.list { 11 margin-left: 0.5in; 12 margin-top: 0.05em; 13 margin-bottom: 0.05em; 14 } 15</style> 16</head> 17<body> 18 19<div class="breadcrumb"> 20 <a href="../index.html" class="el_report">JaCoCo</a> > 21 <span class="el_source">Eclipse Public License - Version 1.0</span> 22</div> 23<div id="content"> 24 25<h1>Eclipse Public License - v 1.0</h1> 26 27<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE 28PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR 29DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS 30AGREEMENT.</p> 31 32<h3>1. DEFINITIONS</h3> 33 34<p>"Contribution" means:</p> 35 36<p class="list">a) in the case of the initial Contributor, the initial 37code and documentation distributed under this Agreement, and</p> 38<p class="list">b) in the case of each subsequent Contributor:</p> 39 40<p class="list">i) changes to the Program, and</p> 41<p class="list">ii) additions to the Program;</p> 42<p class="list">where such changes and/or additions to the Program 43originate from and are distributed by that particular Contributor. A 44Contribution 'originates' from a Contributor if it was added to the 45Program by such Contributor itself or anyone acting on such 46Contributor's behalf. Contributions do not include additions to the 47Program which: (i) are separate modules of software distributed in 48conjunction with the Program under their own license agreement, and (ii) 49are not derivative works of the Program.</p> 50 51<p>"Contributor" means any person or entity that distributes 52the Program.</p> 53 54<p>"Licensed Patents" mean patent claims licensable by a 55Contributor which are necessarily infringed by the use or sale of its 56Contribution alone or when combined with the Program.</p> 57 58<p>"Program" means the Contributions distributed in accordance 59with this Agreement.</p> 60 61<p>"Recipient" means anyone who receives the Program under 62this Agreement, including all Contributors.</p> 63 64<h3>2. GRANT OF RIGHTS</h3> 65 66<p class="list">a) Subject to the terms of this Agreement, each 67Contributor hereby grants Recipient a non-exclusive, worldwide, 68royalty-free copyright license to reproduce, prepare derivative works 69of, publicly display, publicly perform, distribute and sublicense the 70Contribution of such Contributor, if any, and such derivative works, in 71source code and object code form.</p> 72 73<p class="list">b) Subject to the terms of this Agreement, each 74Contributor hereby grants Recipient a non-exclusive, worldwide, 75royalty-free patent license under Licensed Patents to make, use, sell, 76offer to sell, import and otherwise transfer the Contribution of such 77Contributor, if any, in source code and object code form. This patent 78license shall apply to the combination of the Contribution and the 79Program if, at the time the Contribution is added by the Contributor, 80such addition of the Contribution causes such combination to be covered 81by the Licensed Patents. The patent license shall not apply to any other 82combinations which include the Contribution. No hardware per se is 83licensed hereunder.</p> 84 85<p class="list">c) Recipient understands that although each Contributor 86grants the licenses to its Contributions set forth herein, no assurances 87are provided by any Contributor that the Program does not infringe the 88patent or other intellectual property rights of any other entity. Each 89Contributor disclaims any liability to Recipient for claims brought by 90any other entity based on infringement of intellectual property rights 91or otherwise. As a condition to exercising the rights and licenses 92granted hereunder, each Recipient hereby assumes sole responsibility to 93secure any other intellectual property rights needed, if any. For 94example, if a third party patent license is required to allow Recipient 95to distribute the Program, it is Recipient's responsibility to acquire 96that license before distributing the Program.</p> 97 98<p class="list">d) Each Contributor represents that to its knowledge it 99has sufficient copyright rights in its Contribution, if any, to grant 100the copyright license set forth in this Agreement.</p> 101 102<h3>3. REQUIREMENTS</h3> 103 104<p>A Contributor may choose to distribute the Program in object code 105form under its own license agreement, provided that:</p> 106 107<p class="list">a) it complies with the terms and conditions of this 108Agreement; and</p> 109 110<p class="list">b) its license agreement:</p> 111 112<p class="list">i) effectively disclaims on behalf of all Contributors 113all warranties and conditions, express and implied, including warranties 114or conditions of title and non-infringement, and implied warranties or 115conditions of merchantability and fitness for a particular purpose;</p> 116 117<p class="list">ii) effectively excludes on behalf of all Contributors 118all liability for damages, including direct, indirect, special, 119incidental and consequential damages, such as lost profits;</p> 120 121<p class="list">iii) states that any provisions which differ from this 122Agreement are offered by that Contributor alone and not by any other 123party; and</p> 124 125<p class="list">iv) states that source code for the Program is available 126from such Contributor, and informs licensees how to obtain it in a 127reasonable manner on or through a medium customarily used for software 128exchange.</p> 129 130<p>When the Program is made available in source code form:</p> 131 132<p class="list">a) it must be made available under this Agreement; and</p> 133 134<p class="list">b) a copy of this Agreement must be included with each 135copy of the Program.</p> 136 137<p>Contributors may not remove or alter any copyright notices contained 138within the Program.</p> 139 140<p>Each Contributor must identify itself as the originator of its 141Contribution, if any, in a manner that reasonably allows subsequent 142Recipients to identify the originator of the Contribution.</p> 143 144<h3>4. COMMERCIAL DISTRIBUTION</h3> 145 146<p>Commercial distributors of software may accept certain 147responsibilities with respect to end users, business partners and the 148like. While this license is intended to facilitate the commercial use of 149the Program, the Contributor who includes the Program in a commercial 150product offering should do so in a manner which does not create 151potential liability for other Contributors. Therefore, if a Contributor 152includes the Program in a commercial product offering, such Contributor 153("Commercial Contributor") hereby agrees to defend and 154indemnify every other Contributor ("Indemnified Contributor") 155against any losses, damages and costs (collectively "Losses") 156arising from claims, lawsuits and other legal actions brought by a third 157party against the Indemnified Contributor to the extent caused by the 158acts or omissions of such Commercial Contributor in connection with its 159distribution of the Program in a commercial product offering. The 160obligations in this section do not apply to any claims or Losses 161relating to any actual or alleged intellectual property infringement. In 162order to qualify, an Indemnified Contributor must: a) promptly notify 163the Commercial Contributor in writing of such claim, and b) allow the 164Commercial Contributor to control, and cooperate with the Commercial 165Contributor in, the defense and any related settlement negotiations. The 166Indemnified Contributor may participate in any such claim at its own 167expense.</p> 168 169<p>For example, a Contributor might include the Program in a commercial 170product offering, Product X. That Contributor is then a Commercial 171Contributor. If that Commercial Contributor then makes performance 172claims, or offers warranties related to Product X, those performance 173claims and warranties are such Commercial Contributor's responsibility 174alone. Under this section, the Commercial Contributor would have to 175defend claims against the other Contributors related to those 176performance claims and warranties, and if a court requires any other 177Contributor to pay any damages as a result, the Commercial Contributor 178must pay those damages.</p> 179 180<h3>5. NO WARRANTY</h3> 181 182<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS 183PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS 184OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, 185ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY 186OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely 187responsible for determining the appropriateness of using and 188distributing the Program and assumes all risks associated with its 189exercise of rights under this Agreement , including but not limited to 190the risks and costs of program errors, compliance with applicable laws, 191damage to or loss of data, programs or equipment, and unavailability or 192interruption of operations.</p> 193 194<h3>6. DISCLAIMER OF LIABILITY</h3> 195 196<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT 197NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 198INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 199WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 200LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 201NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 202DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 203HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p> 204 205<h3>7. GENERAL</h3> 206 207<p>If any provision of this Agreement is invalid or unenforceable under 208applicable law, it shall not affect the validity or enforceability of 209the remainder of the terms of this Agreement, and without further action 210by the parties hereto, such provision shall be reformed to the minimum 211extent necessary to make such provision valid and enforceable.</p> 212 213<p>If Recipient institutes patent litigation against any entity 214(including a cross-claim or counterclaim in a lawsuit) alleging that the 215Program itself (excluding combinations of the Program with other 216software or hardware) infringes such Recipient's patent(s), then such 217Recipient's rights granted under Section 2(b) shall terminate as of the 218date such litigation is filed.</p> 219 220<p>All Recipient's rights under this Agreement shall terminate if it 221fails to comply with any of the material terms or conditions of this 222Agreement and does not cure such failure in a reasonable period of time 223after becoming aware of such noncompliance. If all Recipient's rights 224under this Agreement terminate, Recipient agrees to cease use and 225distribution of the Program as soon as reasonably practicable. However, 226Recipient's obligations under this Agreement and any licenses granted by 227Recipient relating to the Program shall continue and survive.</p> 228 229<p>Everyone is permitted to copy and distribute copies of this 230Agreement, but in order to avoid inconsistency the Agreement is 231copyrighted and may only be modified in the following manner. The 232Agreement Steward reserves the right to publish new versions (including 233revisions) of this Agreement from time to time. No one other than the 234Agreement Steward has the right to modify this Agreement. The Eclipse 235Foundation is the initial Agreement Steward. The Eclipse Foundation may 236assign the responsibility to serve as the Agreement Steward to a 237suitable separate entity. Each new version of the Agreement will be 238given a distinguishing version number. The Program (including 239Contributions) may always be distributed subject to the version of the 240Agreement under which it was received. In addition, after a new version 241of the Agreement is published, Contributor may elect to distribute the 242Program (including its Contributions) under the new version. Except as 243expressly stated in Sections 2(a) and 2(b) above, Recipient receives no 244rights or licenses to the intellectual property of any Contributor under 245this Agreement, whether expressly, by implication, estoppel or 246otherwise. All rights in the Program not expressly granted under this 247Agreement are reserved.</p> 248 249<p>This Agreement is governed by the laws of the State of New York and 250the intellectual property laws of the United States of America. No party 251to this Agreement will bring a legal action under this Agreement more 252than one year after the cause of action arose. Each party waives its 253rights to a jury trial in any resulting litigation.</p> 254 255</div> 256<div class="footer"> 257 <span class="right"><a href="@jacoco.home.url@">JaCoCo</a> @qualified.bundle.version@</span> 258 <a href="license.html">Copyright</a> © @copyright.years@ Mountainminds GmbH & Co. KG and Contributors 259</div> 260 261</body> 262</html> 263
