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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