1JUnit 2 3Eclipse Public License - v 1.0 4 5THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC 6LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM 7CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 8 91. DEFINITIONS 10 11"Contribution" means: 12 13 a) in the case of the initial Contributor, the initial code and 14 documentation distributed under this Agreement, and 15 b) in the case of each subsequent Contributor: 16 17 i) changes to the Program, and 18 19 ii) additions to the Program; 20 21 where such changes and/or additions to the Program originate from and are 22distributed by that particular Contributor. A Contribution 'originates' from a 23Contributor if it was added to the Program by such Contributor itself or anyone 24acting on such Contributor's behalf. Contributions do not include additions to 25the Program which: (i) are separate modules of software distributed in 26conjunction with the Program under their own license agreement, and (ii) are 27not derivative works of the Program. 28 29"Contributor" means any person or entity that distributes the Program. 30 31"Licensed Patents " mean patent claims licensable by a Contributor which are 32necessarily infringed by the use or sale of its Contribution alone or when 33combined with the Program. 34 35"Program" means the Contributions distributed in accordance with this Agreement. 36 37"Recipient" means anyone who receives the Program under this Agreement, 38including all Contributors. 39 402. GRANT OF RIGHTS 41 42 a) Subject to the terms of this Agreement, each Contributor hereby grants 43Recipient a non-exclusive, worldwide, royalty-free copyright license to 44reproduce, prepare derivative works of, publicly display, publicly perform, 45distribute and sublicense the Contribution of such Contributor, if any, and 46such derivative works, in source code and object code form. 47 48 b) Subject to the terms of this Agreement, each Contributor hereby grants 49Recipient a non-exclusive, worldwide, royalty-free patent license under 50Licensed Patents to make, use, sell, offer to sell, import and otherwise 51transfer the Contribution of such Contributor, if any, in source code and 52object code form. This patent license shall apply to the combination of the 53Contribution and the Program if, at the time the Contribution is added by the 54Contributor, such addition of the Contribution causes such combination to be 55covered by the Licensed Patents. The patent license shall not apply to any 56other combinations which include the Contribution. No hardware per se is 57licensed hereunder. 58 59 c) Recipient understands that although each Contributor grants the 60licenses to its Contributions set forth herein, no assurances are provided by 61any Contributor that the Program does not infringe the patent or other 62intellectual property rights of any other entity. Each Contributor disclaims 63any liability to Recipient for claims brought by any other entity based on 64infringement of intellectual property rights or otherwise. As a condition to 65exercising the rights and licenses granted hereunder, each Recipient hereby 66assumes sole responsibility to secure any other intellectual property rights 67needed, if any. For example, if a third party patent license is required to 68allow Recipient to distribute the Program, it is Recipient's responsibility to 69acquire that license before distributing the Program. 70 71 d) Each Contributor represents that to its knowledge it has sufficient 72copyright rights in its Contribution, if any, to grant the copyright license 73set forth in this Agreement. 74 753. REQUIREMENTS 76 77A Contributor may choose to distribute the Program in object code form under 78its own license agreement, provided that: 79 80 a) it complies with the terms and conditions of this Agreement; and 81 82 b) its license agreement: 83 84 i) effectively disclaims on behalf of all Contributors all warranties and 85conditions, express and implied, including warranties or conditions of title 86and non-infringement, and implied warranties or conditions of merchantability 87and fitness for a particular purpose; 88 89 ii) effectively excludes on behalf of all Contributors all liability for 90damages, including direct, indirect, special, incidental and consequential 91damages, such as lost profits; 92 93 iii) states that any provisions which differ from this Agreement are 94offered by that Contributor alone and not by any other party; and 95 96 iv) states that source code for the Program is available from such 97Contributor, and informs licensees how to obtain it in a reasonable manner on 98or through a medium customarily used for software exchange. 99 100When the Program is made available in source code form: 101 102 a) it must be made available under this Agreement; and 103 104 b) a copy of this Agreement must be included with each copy of the 105Program. 106 107Contributors may not remove or alter any copyright notices contained within the 108Program. 109 110Each Contributor must identify itself as the originator of its Contribution, if 111any, in a manner that reasonably allows subsequent Recipients to identify the 112originator of the Contribution. 113 1144. COMMERCIAL DISTRIBUTION 115 116Commercial distributors of software may accept certain responsibilities with 117respect to end users, business partners and the like. While this license is 118intended to facilitate the commercial use of the Program, the Contributor who 119includes the Program in a commercial product offering should do so in a manner 120which does not create potential liability for other Contributors. Therefore, if 121a Contributor includes the Program in a commercial product offering, such 122Contributor ("Commercial Contributor") hereby agrees to defend and indemnify 123every other Contributor ("Indemnified Contributor") against any losses, damages 124and costs (collectively "Losses") arising from claims, lawsuits and other legal 125actions brought by a third party against the Indemnified Contributor to the 126extent caused by the acts or omissions of such Commercial Contributor in 127connection with its distribution of the Program in a commercial product 128offering. The obligations in this section do not apply to any claims or Losses 129relating to any actual or alleged intellectual property infringement. In order 130to qualify, an Indemnified Contributor must: a) promptly notify the Commercial 131Contributor in writing of such claim, and b) allow the Commercial Contributor 132to control, and cooperate with the Commercial Contributor in, the defense and 133any related settlement negotiations. The Indemnified Contributor may 134participate in any such claim at its own expense. 135 136For example, a Contributor might include the Program in a commercial product 137offering, Product X. That Contributor is then a Commercial Contributor. If that 138Commercial Contributor then makes performance claims, or offers warranties 139related to Product X, those performance claims and warranties are such 140Commercial Contributor's responsibility alone. Under this section, the 141Commercial Contributor would have to defend claims against the other 142Contributors related to those performance claims and warranties, and if a court 143requires any other Contributor to pay any damages as a result, the Commercial 144Contributor must pay those damages. 145 1465. NO WARRANTY 147 148EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN 149"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR 150IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, 151NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each 152Recipient is solely responsible for determining the appropriateness of using 153and distributing the Program and assumes all risks associated with its exercise 154of rights under this Agreement, including but not limited to the risks and 155costs of program errors, compliance with applicable laws, damage to or loss of 156data, programs or equipment, and unavailability or interruption of operations. 157 1586. DISCLAIMER OF LIABILITY 159 160EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY 161CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, 162SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST 163PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, 164STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY 165WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS 166GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 167 1687. GENERAL 169 170If any provision of this Agreement is invalid or unenforceable under applicable 171law, it shall not affect the validity or enforceability of the remainder of the 172terms of this Agreement, and without further action by the parties hereto, such 173provision shall be reformed to the minimum extent necessary to make such 174provision valid and enforceable. 175 176If Recipient institutes patent litigation against any 177entity (including a cross-claim or counterclaim in a lawsuit) alleging that the 178Program itself (excluding combinations of the Program with other software or 179hardware) infringes such Recipient's patent(s), then such Recipient's rights 180granted under Section 2(b) shall terminate as of the date such litigation is 181filed. 182 183All Recipient's rights under this Agreement shall terminate if it fails to 184comply with any of the material terms or conditions of this Agreement and does 185not cure such failure in a reasonable period of time after becoming aware of 186such noncompliance. If all Recipient's rights under this Agreement terminate, 187Recipient agrees to cease use and distribution of the Program as soon as 188reasonably practicable. However, Recipient's obligations under this Agreement 189and any licenses granted by Recipient relating to the Program shall continue 190and survive. 191 192Everyone is permitted to copy and distribute copies of this Agreement, but in 193order to avoid inconsistency the Agreement is copyrighted and may only be 194modified in the following manner. The Agreement Steward reserves the right to 195publish new versions (including revisions) of this Agreement from time to time. 196No one other than the Agreement Steward has the right to modify this Agreement. 197The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to 198serve as the Agreement Steward to a suitable separate entity. Each new version 199of the Agreement will be given a distinguishing version number. The Program 200(including Contributions) may always be distributed subject to the version of 201the Agreement under which it was received. In addition, after a new version of 202the Agreement is published, Contributor may elect to distribute the Program 203(including its Contributions) under the new version. Except as expressly stated 204in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to 205the intellectual property of any Contributor under this Agreement, whether 206expressly, by implication, estoppel or otherwise. All rights in the Program not 207expressly 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