1Eclipse Public License - v 1.0 2 3THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC 4LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM 5CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 6 71. DEFINITIONS 8 9"Contribution" means: 10 11a) in the case of the initial Contributor, the initial code and documentation 12distributed under this Agreement, and 13 14b) in the case of each subsequent Contributor: 15 16i) changes to the Program, and 17 18ii) additions to the Program; 19 20where such changes and/or additions to the Program originate from and are 21distributed by that particular Contributor. A Contribution 22'originates' from a Contributor if it was added to the Program by 23such Contributor itself or anyone acting on such Contributor's behalf. 24Contributions do not include additions to the Program which: (i) are separate 25modules of software distributed in conjunction with the Program under their 26own license agreement, and (ii) are not derivative works of the 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 are 31necessarily infringed by the use or sale of its Contribution alone or when 32combined 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. 39 402. GRANT OF RIGHTS 41 42a) 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 48b) 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 59c) Recipient understands that although each Contributor grants the licenses to 60its Contributions set forth herein, no assurances are provided by any 61Contributor 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 69responsibility to acquire that license before distributing the Program. 70 71d) 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 76A Contributor may choose to distribute the Program in object code form under 77its own license agreement, provided that: 78 79a) it complies with the terms and conditions of this Agreement; and 80 81b) its license agreement: 82 83i) effectively disclaims on behalf of all Contributors all warranties and 84conditions, express and implied, including warranties or conditions of title 85and non-infringement, and implied warranties or conditions of merchantability 86and fitness for a particular purpose; 87 88ii) effectively excludes on behalf of all Contributors all liability for 89damages, including direct, indirect, special, incidental and consequential 90damages, such as lost profits; 91 92iii) states that any provisions which differ from this Agreement are offered 93by that Contributor alone and not by any other party; and 94 95iv) states that source code for the Program is available from such 96Contributor, and informs licensees how to obtain it in a reasonable manner on 97or through a medium customarily used for software exchange. 98 99When the Program is made available in source code form: 100 101a) it must be made available under this Agreement; and 102 103b) a copy of this Agreement must be included with each copy of the Program. 104 105Contributors may not remove or alter any copyright notices contained within 106the Program. 107 108Each Contributor must identify itself as the originator of its Contribution, 109if any, in a manner that reasonably allows subsequent Recipients to identify 110the originator of the Contribution. 111 1124. COMMERCIAL DISTRIBUTION 113Commercial distributors of software may accept certain responsibilities with 114respect to end users, business partners and the like. While this license is 115intended to facilitate the commercial use of the Program, the Contributor who 116includes the Program in a commercial product offering should do so in a manner 117which does not create potential liability for other Contributors. Therefore, 118if a Contributor includes the Program in a commercial product offering, such 119Contributor ("Commercial Contributor") hereby agrees to defend and indemnify 120every other Contributor ("Indemnified Contributor") against any losses, 121damages and costs (collectively "Losses") arising from claims, lawsuits and 122other legal actions brought by a third party against the Indemnified 123Contributor to the extent caused by the acts or omissions of such Commercial 124Contributor in connection with its distribution of the Program in a commercial 125product offering. The obligations in this section do not apply to any claims 126or Losses relating to any actual or alleged intellectual property 127infringement. In order to qualify, an Indemnified Contributor must: a) 128promptly notify the Commercial Contributor in writing of such claim, and b) 129allow the Commercial Contributor to control, and cooperate with the Commercial 130Contributor in, the defense and any related settlement negotiations. The 131Indemnified Contributor may participate in any such claim at its own expense. 132 133For example, a Contributor might include the Program in a commercial product 134offering, Product X. That Contributor is then a Commercial Contributor. If 135that Commercial Contributor then makes performance claims, or offers 136warranties related to Product X, those performance claims and warranties are 137such Commercial Contributor's responsibility alone. Under this section, 138the Commercial Contributor would have to defend claims against the other 139Contributors related to those performance claims and warranties, and if a 140court requires any other Contributor to pay any damages as a result, the 141Commercial Contributor must pay those damages. 142 1435. NO WARRANTY 144EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN 145"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR 146IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, 147NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each 148Recipient is solely responsible for determining the appropriateness of using 149and distributing the Program and assumes all risks associated with its 150exercise of rights under this Agreement , including but not limited to the 151risks and costs of program errors, compliance with applicable laws, damage to 152or loss of data, programs or equipment, and unavailability or interruption of 153operations. 154 1556. DISCLAIMER OF LIABILITY 156EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY 157CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, 158SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION 159LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN 160CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) 161ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE 162EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY 163OF SUCH DAMAGES. 164 1657. GENERAL 166 167If any provision of this Agreement is invalid or unenforceable under 168applicable law, it shall not affect the validity or enforceability of the 169remainder of the terms of this Agreement, and without further action by the 170parties hereto, such provision shall be reformed to the minimum extent 171necessary to make such provision valid and enforceable. 172 173If Recipient institutes patent litigation against any entity (including a 174cross-claim or counterclaim in a lawsuit) alleging that the Program itself 175(excluding combinations of the Program with other software or hardware) 176infringes such Recipient's patent(s), then such Recipient's rights 177granted under Section 2(b) shall terminate as of the date such litigation is 178filed. 179 180All Recipient's rights under this Agreement shall terminate if it fails 181to comply with any of the material terms or conditions of this Agreement and 182does not cure such failure in a reasonable period of time after becoming aware 183of such noncompliance. If all Recipient's rights under this Agreement 184terminate, Recipient agrees to cease use and distribution of the Program as 185soon as reasonably practicable. However, Recipient's obligations under 186this Agreement and any licenses granted by Recipient relating to the Program 187shall continue and survive. 188 189Everyone is permitted to copy and distribute copies of this Agreement, but in 190order to avoid inconsistency the Agreement is copyrighted and may only be 191modified in the following manner. The Agreement Steward reserves the right to 192publish new versions (including revisions) of this Agreement from time to 193time. No one other than the Agreement Steward has the right to modify this 194Agreement. The Eclipse Foundation is the initial Agreement Steward. The 195Eclipse Foundation may assign the responsibility to serve as the Agreement 196Steward to a suitable separate entity. Each new version of the Agreement will 197be given a distinguishing version number. The Program (including 198Contributions) may always be distributed subject to the version of the 199Agreement under which it was received. In addition, after a new version of the 200Agreement is published, Contributor may elect to distribute the Program 201(including its Contributions) under the new version. Except as expressly 202stated in Sections 2(a) and 2(b) above, Recipient receives no rights or 203licenses to the intellectual property of any Contributor under this Agreement, 204whether expressly, by implication, estoppel or otherwise. All rights in the 205Program not expressly granted under this Agreement are reserved. 206 207This Agreement is governed by the laws of the State of New York and the 208intellectual property laws of the United States of America. No party to this 209Agreement will bring a legal action under this Agreement more than one year 210after the cause of action arose. Each party waives its rights to a jury trial 211in any resulting litigation. 212 213