1<?xml version="1.0" encoding="ISO-8859-1" ?> 2<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> 3<html xmlns="http://www.w3.org/1999/xhtml"> 4 5<head> 6<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1" /> 7<title>Eclipse Public License - Version 1.0</title> 8<style type="text/css"> 9 body { 10 size: 8.5in 11.0in; 11 margin: 0.25in 0.5in 0.25in 0.5in; 12 tab-interval: 0.5in; 13 } 14 p { 15 margin-left: auto; 16 margin-top: 0.5em; 17 margin-bottom: 0.5em; 18 } 19 p.list { 20 margin-left: 0.5in; 21 margin-top: 0.05em; 22 margin-bottom: 0.05em; 23 } 24 </style> 25 26</head> 27 28<body lang="EN-US"> 29 30<h2>Eclipse Public License - v 1.0</h2> 31 32<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE 33PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR 34DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS 35AGREEMENT.</p> 36 37<p><b>1. DEFINITIONS</b></p> 38 39<p>"Contribution" means:</p> 40 41<p class="list">a) in the case of the initial Contributor, the initial 42code and documentation distributed under this Agreement, and</p> 43<p class="list">b) in the case of each subsequent Contributor:</p> 44<p class="list">i) changes to the Program, and</p> 45<p class="list">ii) additions to the Program;</p> 46<p class="list">where such changes and/or additions to the Program 47originate from and are distributed by that particular Contributor. A 48Contribution 'originates' from a Contributor if it was added to the 49Program by such Contributor itself or anyone acting on such 50Contributor's behalf. Contributions do not include additions to the 51Program which: (i) are separate modules of software distributed in 52conjunction with the Program under their own license agreement, and (ii) 53are not derivative works of the Program.</p> 54 55<p>"Contributor" means any person or entity that distributes 56the Program.</p> 57 58<p>"Licensed Patents" mean patent claims licensable by a 59Contributor which are necessarily infringed by the use or sale of its 60Contribution alone or when combined with the Program.</p> 61 62<p>"Program" means the Contributions distributed in accordance 63with this Agreement.</p> 64 65<p>"Recipient" means anyone who receives the Program under 66this Agreement, including all Contributors.</p> 67 68<p><b>2. GRANT OF RIGHTS</b></p> 69 70<p class="list">a) Subject to the terms of this Agreement, each 71Contributor hereby grants Recipient a non-exclusive, worldwide, 72royalty-free copyright license to reproduce, prepare derivative works 73of, publicly display, publicly perform, distribute and sublicense the 74Contribution of such Contributor, if any, and such derivative works, in 75source code and object code form.</p> 76 77<p class="list">b) Subject to the terms of this Agreement, each 78Contributor hereby grants Recipient a non-exclusive, worldwide, 79royalty-free patent license under Licensed Patents to make, use, sell, 80offer to sell, import and otherwise transfer the Contribution of such 81Contributor, if any, in source code and object code form. This patent 82license shall apply to the combination of the Contribution and the 83Program if, at the time the Contribution is added by the Contributor, 84such addition of the Contribution causes such combination to be covered 85by the Licensed Patents. The patent license shall not apply to any other 86combinations which include the Contribution. No hardware per se is 87licensed hereunder.</p> 88 89<p class="list">c) Recipient understands that although each Contributor 90grants the licenses to its Contributions set forth herein, no assurances 91are provided by any Contributor that the Program does not infringe the 92patent or other intellectual property rights of any other entity. Each 93Contributor disclaims any liability to Recipient for claims brought by 94any other entity based on infringement of intellectual property rights 95or otherwise. As a condition to exercising the rights and licenses 96granted hereunder, each Recipient hereby assumes sole responsibility to 97secure any other intellectual property rights needed, if any. For 98example, if a third party patent license is required to allow Recipient 99to distribute the Program, it is Recipient's responsibility to acquire 100that license before distributing the Program.</p> 101 102<p class="list">d) Each Contributor represents that to its knowledge it 103has sufficient copyright rights in its Contribution, if any, to grant 104the copyright license set forth in this Agreement.</p> 105 106<p><b>3. REQUIREMENTS</b></p> 107 108<p>A Contributor may choose to distribute the Program in object code 109form under its own license agreement, provided that:</p> 110 111<p class="list">a) it complies with the terms and conditions of this 112Agreement; and</p> 113 114<p class="list">b) its license agreement:</p> 115 116<p class="list">i) effectively disclaims on behalf of all Contributors 117all warranties and conditions, express and implied, including warranties 118or conditions of title and non-infringement, and implied warranties or 119conditions of merchantability and fitness for a particular purpose;</p> 120 121<p class="list">ii) effectively excludes on behalf of all Contributors 122all liability for damages, including direct, indirect, special, 123incidental and consequential damages, such as lost profits;</p> 124 125<p class="list">iii) states that any provisions which differ from this 126Agreement are offered by that Contributor alone and not by any other 127party; and</p> 128 129<p class="list">iv) states that source code for the Program is available 130from such Contributor, and informs licensees how to obtain it in a 131reasonable manner on or through a medium customarily used for software 132exchange.</p> 133 134<p>When the Program is made available in source code form:</p> 135 136<p class="list">a) it must be made available under this Agreement; and</p> 137 138<p class="list">b) a copy of this Agreement must be included with each 139copy of the Program.</p> 140 141<p>Contributors may not remove or alter any copyright notices contained 142within the Program.</p> 143 144<p>Each Contributor must identify itself as the originator of its 145Contribution, if any, in a manner that reasonably allows subsequent 146Recipients to identify the originator of the Contribution.</p> 147 148<p><b>4. COMMERCIAL DISTRIBUTION</b></p> 149 150<p>Commercial distributors of software may accept certain 151responsibilities with respect to end users, business partners and the 152like. While this license is intended to facilitate the commercial use of 153the Program, the Contributor who includes the Program in a commercial 154product offering should do so in a manner which does not create 155potential liability for other Contributors. Therefore, if a Contributor 156includes the Program in a commercial product offering, such Contributor 157("Commercial Contributor") hereby agrees to defend and 158indemnify every other Contributor ("Indemnified Contributor") 159against any losses, damages and costs (collectively "Losses") 160arising from claims, lawsuits and other legal actions brought by a third 161party against the Indemnified Contributor to the extent caused by the 162acts or omissions of such Commercial Contributor in connection with its 163distribution of the Program in a commercial product offering. The 164obligations in this section do not apply to any claims or Losses 165relating to any actual or alleged intellectual property infringement. In 166order to qualify, an Indemnified Contributor must: a) promptly notify 167the Commercial Contributor in writing of such claim, and b) allow the 168Commercial Contributor to control, and cooperate with the Commercial 169Contributor in, the defense and any related settlement negotiations. The 170Indemnified Contributor may participate in any such claim at its own 171expense.</p> 172 173<p>For example, a Contributor might include the Program in a commercial 174product offering, Product X. That Contributor is then a Commercial 175Contributor. If that Commercial Contributor then makes performance 176claims, or offers warranties related to Product X, those performance 177claims and warranties are such Commercial Contributor's responsibility 178alone. Under this section, the Commercial Contributor would have to 179defend claims against the other Contributors related to those 180performance claims and warranties, and if a court requires any other 181Contributor to pay any damages as a result, the Commercial Contributor 182must pay those damages.</p> 183 184<p><b>5. NO WARRANTY</b></p> 185 186<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS 187PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS 188OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, 189ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY 190OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely 191responsible for determining the appropriateness of using and 192distributing the Program and assumes all risks associated with its 193exercise of rights under this Agreement , including but not limited to 194the risks and costs of program errors, compliance with applicable laws, 195damage to or loss of data, programs or equipment, and unavailability or 196interruption of operations.</p> 197 198<p><b>6. DISCLAIMER OF LIABILITY</b></p> 199 200<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT 201NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 202INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 203WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 204LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 205NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 206DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 207HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p> 208 209<p><b>7. GENERAL</b></p> 210 211<p>If any provision of this Agreement is invalid or unenforceable under 212applicable law, it shall not affect the validity or enforceability of 213the remainder of the terms of this Agreement, and without further action 214by the parties hereto, such provision shall be reformed to the minimum 215extent necessary to make such provision valid and enforceable.</p> 216 217<p>If Recipient institutes patent litigation against any entity 218(including a cross-claim or counterclaim in a lawsuit) alleging that the 219Program itself (excluding combinations of the Program with other 220software or hardware) infringes such Recipient's patent(s), then such 221Recipient's rights granted under Section 2(b) shall terminate as of the 222date such litigation is filed.</p> 223 224<p>All Recipient's rights under this Agreement shall terminate if it 225fails to comply with any of the material terms or conditions of this 226Agreement and does not cure such failure in a reasonable period of time 227after becoming aware of such noncompliance. If all Recipient's rights 228under this Agreement terminate, Recipient agrees to cease use and 229distribution of the Program as soon as reasonably practicable. However, 230Recipient's obligations under this Agreement and any licenses granted by 231Recipient relating to the Program shall continue and survive.</p> 232 233<p>Everyone is permitted to copy and distribute copies of this 234Agreement, but in order to avoid inconsistency the Agreement is 235copyrighted and may only be modified in the following manner. The 236Agreement Steward reserves the right to publish new versions (including 237revisions) of this Agreement from time to time. No one other than the 238Agreement Steward has the right to modify this Agreement. The Eclipse 239Foundation is the initial Agreement Steward. The Eclipse Foundation may 240assign the responsibility to serve as the Agreement Steward to a 241suitable separate entity. Each new version of the Agreement will be 242given a distinguishing version number. The Program (including 243Contributions) may always be distributed subject to the version of the 244Agreement under which it was received. In addition, after a new version 245of the Agreement is published, Contributor may elect to distribute the 246Program (including its Contributions) under the new version. Except as 247expressly stated in Sections 2(a) and 2(b) above, Recipient receives no 248rights or licenses to the intellectual property of any Contributor under 249this Agreement, whether expressly, by implication, estoppel or 250otherwise. All rights in the Program not expressly granted under this 251Agreement are reserved.</p> 252 253<p>This Agreement is governed by the laws of the State of New York and 254the intellectual property laws of the United States of America. No party 255to this Agreement will bring a legal action under this Agreement more 256than one year after the cause of action arose. Each party waives its 257rights to a jury trial in any resulting litigation.</p> 258 259</body> 260 261</html>