1Eclipse Public License, Version 1.0 (EPL-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 11 a) in the case of the initial Contributor, the initial code and 12 documentation distributed under this Agreement, and 13 14 b) in the case of each subsequent Contributor: 15 i) changes to the Program, and 16 ii) additions to the Program; 17 18where such changes and/or additions to the Program originate from and are 19distributed by that particular Contributor. A Contribution 'originates' 20from a Contributor if it was added to the Program by such Contributor itself 21or anyone acting on such Contributor's behalf. Contributions do not include 22additions to the Program which: (i) are separate modules of software 23distributed in conjunction with the Program under their own license agreement, 24and (ii) are not derivative works of the Program. 25 26"Contributor" means any person or entity that distributes the Program. 27 28"Licensed Patents " mean patent claims licensable by a Contributor which are 29necessarily infringed by the use or sale of its Contribution alone or 30when combined with the Program. 31 32"Program" means the Contributions distributed in accordance with 33this Agreement. 34 35"Recipient" means anyone who receives the Program under this Agreement, 36including all Contributors. 37 382. GRANT OF RIGHTS 39 40 a) Subject to the terms of this Agreement, each Contributor hereby grants 41 Recipient a non-exclusive, worldwide, royalty-free copyright license to 42 reproduce, prepare derivative works of, publicly display, publicly 43 perform, distribute and sublicense the Contribution of such 44 Contributor, if any, and such derivative works, 45 in source code and object code form. 46 47 b) Subject to the terms of this Agreement, each Contributor hereby grants 48 Recipient a non-exclusive, worldwide, royalty-free patent license under 49 Licensed Patents to make, use, sell, offer to sell, import and 50 otherwise transfer the Contribution of such Contributor, if any, 51 in source code and object code form. This patent license shall apply 52 to the combination of the Contribution and the Program if, at the time 53 the Contribution is added by the Contributor, such addition of the 54 Contribution causes such combination to be covered by the 55 Licensed Patents. The patent license shall not apply to any other 56 combinations which include the Contribution. 57 No hardware per se is licensed hereunder. 58 59 c) Recipient understands that although each Contributor grants the 60 licenses to its Contributions set forth herein, no assurances are 61 provided by any Contributor that the Program does not infringe the 62 patent or other intellectual property rights of any other entity. 63 Each Contributor disclaims any liability to Recipient for claims 64 brought by any other entity based on infringement of intellectual 65 property rights or otherwise. As a condition to exercising the 66 rights and licenses granted hereunder, each Recipient hereby assumes 67 sole responsibility to secure any other intellectual property rights 68 needed, if any. For example, if a third party patent license is 69 required to allow Recipient to distribute the Program, it is 70 Recipient's responsibility to acquire that license 71 before distributing the Program. 72 73 d) Each Contributor represents that to its knowledge it has sufficient 74 copyright rights in its Contribution, if any, to grant the copyright 75 license set forth in this Agreement. 76 773. REQUIREMENTS 78 79A Contributor may choose to distribute the Program in object code form under 80its own license agreement, provided that: 81 82 a) it complies with the terms and conditions of this Agreement; and 83 84 b) its license agreement: 85 86 i) effectively disclaims on behalf of all Contributors all warranties 87 and conditions, express and implied, including warranties or 88 conditions of title and non-infringement, and implied warranties or 89 conditions of merchantability and fitness for a particular purpose; 90 91 ii) effectively excludes on behalf of all Contributors all liability 92 for damages, including direct, indirect, special, incidental and 93 consequential damages, such as lost profits; 94 95 iii) states that any provisions which differ from this Agreement are 96 offered by that Contributor alone and not by any other party; and 97 98 iv) states that source code for the Program is available from such 99 Contributor, and informs licensees how to obtain it in a reasonable 100 manner on or through a medium customarily used for software exchange. 101 102When the Program is made available in source code form: 103 104 a) it must be made available under this Agreement; and 105 b) a copy of this Agreement must be included with each copy of the Program. 106 107Contributors may not remove or alter any copyright notices contained 108within the Program. 109 110Each Contributor must identify itself as the originator of its Contribution, 111if any, in a manner that reasonably allows subsequent Recipients to 112identify the originator 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, 121if a Contributor includes the Program in a commercial product offering, 122such Contributor ("Commercial Contributor") hereby agrees to defend and 123indemnify every other Contributor ("Indemnified Contributor") against any 124losses, damages and costs (collectively "Losses") arising from claims, 125lawsuits and other legal actions brought by a third party against the 126Indemnified Contributor to the extent caused by the acts or omissions of 127such Commercial Contributor in connection with its distribution of the Program 128in a commercial product offering. The obligations in this section do not apply 129to any claims or Losses relating to any actual or alleged intellectual 130property infringement. In order to qualify, an Indemnified Contributor must: 131a) promptly notify the Commercial Contributor in writing of such claim, 132and b) allow the Commercial Contributor to control, and cooperate with the 133Commercial Contributor in, the defense and any related settlement 134negotiations. The Indemnified Contributor may participate in any such 135claim at its own expense. 136 137For example, a Contributor might include the Program in a commercial product 138offering, Product X. That Contributor is then a Commercial Contributor. 139If that Commercial Contributor then makes performance claims, or offers 140warranties related to Product X, those performance claims and warranties 141are such Commercial Contributor's responsibility alone. Under this section, 142the Commercial Contributor would have to defend claims against the other 143Contributors related to those performance claims and warranties, and if a 144court requires any other Contributor to pay any damages as a result, 145the Commercial Contributor must pay those damages. 146 1475. NO WARRANTY 148 149EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN 150"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR 151IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, 152NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 153Each Recipient is solely responsible for determining the appropriateness of 154using and distributing the Program and assumes all risks associated with its 155exercise of rights under this Agreement , including but not limited to the 156risks and costs of program errors, compliance with applicable laws, damage to 157or loss of data, programs or equipment, and unavailability 158or interruption of operations. 159 1606. DISCLAIMER OF LIABILITY 161 162EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY 163CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, 164SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION 165LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN 166CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) 167ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE 168EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE 169POSSIBILITY OF SUCH DAMAGES. 170 1717. GENERAL 172 173If any provision of this Agreement is invalid or unenforceable under 174applicable law, it shall not affect the validity or enforceability of the 175remainder of the terms of this Agreement, and without further action by 176the parties hereto, such provision shall be reformed to the minimum extent 177necessary to make such provision valid and enforceable. 178 179If Recipient institutes patent litigation against any entity (including a 180cross-claim or counterclaim in a lawsuit) alleging that the Program itself 181(excluding combinations of the Program with other software or hardware) 182infringes such Recipient's patent(s), then such Recipient's rights granted 183under Section 2(b) shall terminate as of the date such litigation is filed. 184 185All Recipient's rights under this Agreement shall terminate if it fails to 186comply with any of the material terms or conditions of this Agreement and 187does not cure such failure in a reasonable period of time after becoming 188aware of such noncompliance. If all Recipient's rights under this 189Agreement terminate, Recipient agrees to cease use and distribution of the 190Program as soon as reasonably practicable. However, Recipient's obligations 191under this Agreement and any licenses granted by Recipient relating to the 192Program shall continue and survive. 193 194Everyone is permitted to copy and distribute copies of this Agreement, 195but in order to avoid inconsistency the Agreement is copyrighted and may 196only be modified in the following manner. The Agreement Steward reserves 197the right to publish new versions (including revisions) of this Agreement 198from time to time. No one other than the Agreement Steward has the right to 199modify this Agreement. The Eclipse Foundation is the initial 200Agreement Steward. The Eclipse Foundation may assign the responsibility to 201serve as the Agreement Steward to a suitable separate entity. Each new version 202of the Agreement will be given a distinguishing version number. The Program 203(including Contributions) may always be distributed subject to the version 204of the Agreement under which it was received. In addition, after a new version 205of the Agreement is published, Contributor may elect to distribute the Program 206(including its Contributions) under the new version. Except as expressly 207stated in Sections 2(a) and 2(b) above, Recipient receives no rights or 208licenses to the intellectual property of any Contributor under this Agreement, 209whether expressly, by implication, estoppel or otherwise. All rights in the 210Program not expressly granted under this Agreement are reserved. 211 212This Agreement is governed by the laws of the State of New York and the 213intellectual property laws of the United States of America. No party to 214this Agreement will bring a legal action under this Agreement more than one 215year after the cause of action arose. Each party waives its rights to a 216jury trial in any resulting litigation. 217