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 7 1. 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 14 b) in the case of each subsequent Contributor: 15 16 i) changes to the Program, and 17 18 ii) 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 'originates' from 22a Contributor if it was added to the Program by such Contributor itself or 23anyone acting on such Contributor's behalf. Contributions do not include additions 24to the Program which: (i) are separate modules of software distributed in 25conjunction with the Program under their own license agreement, and (ii) are 26not 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 Agreement. 35 36"Recipient" means anyone who receives the Program under this Agreement, including 37all Contributors. 38 39 2. GRANT OF RIGHTS 40 41a) Subject to the terms of this Agreement, each Contributor hereby grants 42Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, 43prepare derivative works of, publicly display, publicly perform, distribute 44and sublicense the Contribution of such Contributor, if any, and such derivative 45works, in source code and object code form. 46 47b) Subject to the terms of this Agreement, each Contributor hereby grants 48Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed 49Patents to make, use, sell, offer to sell, import and otherwise transfer the 50Contribution of such Contributor, if any, in source code and object code form. 51This patent license shall apply to the combination of the Contribution and 52the Program if, at the time the Contribution is added by the Contributor, 53such addition of the Contribution causes such combination to be covered by 54the Licensed Patents. The patent license shall not apply to any other combinations 55which include the Contribution. No hardware per se is licensed hereunder. 56 57c) Recipient understands that although each Contributor grants the licenses 58to its Contributions set forth herein, no assurances are provided by any Contributor 59that the Program does not infringe the patent or other intellectual property 60rights of any other entity. Each Contributor disclaims any liability to Recipient 61for claims brought by any other entity based on infringement of intellectual 62property rights or otherwise. As a condition to exercising the rights and 63licenses granted hereunder, each Recipient hereby assumes sole responsibility 64to secure any other intellectual property rights needed, if any. For example, 65if a third party patent license is required to allow Recipient to distribute 66the Program, it is Recipient's responsibility to acquire that license before 67distributing the Program. 68 69d) Each Contributor represents that to its knowledge it has sufficient copyright 70rights in its Contribution, if any, to grant the copyright license set forth 71in this Agreement. 72 73 3. REQUIREMENTS 74 75A Contributor may choose to distribute the Program in object code form under 76its own license agreement, provided that: 77 78 a) it complies with the terms and conditions of this Agreement; and 79 80 b) its license agreement: 81 82i) effectively disclaims on behalf of all Contributors all warranties and 83conditions, express and implied, including warranties or conditions of title 84and non-infringement, and implied warranties or conditions of merchantability 85and fitness for a particular purpose; 86 87ii) effectively excludes on behalf of all Contributors all liability for damages, 88including direct, indirect, special, incidental and consequential damages, 89such as lost profits; 90 91iii) states that any provisions which differ from this Agreement are offered 92by that Contributor alone and not by any other party; and 93 94iv) states that source code for the Program is available from such Contributor, 95and informs licensees how to obtain it in a reasonable manner on or through 96a medium customarily used for software exchange. 97 98 When the Program is made available in source code form: 99 100 a) it must be made available under this Agreement; and 101 102b) a copy of this Agreement must be included with each copy of the Program. 103 104Contributors may not remove or alter any copyright notices contained within 105the Program. 106 107Each Contributor must identify itself as the originator of its Contribution, 108if any, in a manner that reasonably allows subsequent Recipients to identify 109the originator of the Contribution. 110 111 4. COMMERCIAL DISTRIBUTION 112 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 116who includes the Program in a commercial product offering should do so in 117a manner which does not create potential liability for other Contributors. 118Therefore, if a Contributor includes the Program in a commercial product offering, 119such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify 120every other Contributor ("Indemnified Contributor") against any losses, damages 121and costs (collectively "Losses") arising from claims, lawsuits and other 122legal actions brought by a third party against the Indemnified Contributor 123to the extent caused by the acts or omissions of such Commercial Contributor 124in connection with its distribution of the Program in a commercial product 125offering. The obligations in this section do not apply to any claims or Losses 126relating to any actual or alleged intellectual property infringement. In order 127to qualify, an Indemnified Contributor must: a) promptly notify the Commercial 128Contributor in writing of such claim, and b) allow the Commercial Contributor 129to control, and cooperate with the Commercial Contributor in, the defense 130and any related settlement negotiations. The Indemnified Contributor may participate 131in 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 warranties 136related to Product X, those performance claims and warranties are such Commercial 137Contributor's responsibility alone. Under this section, the Commercial Contributor 138would have to defend claims against the other Contributors related to those 139performance claims and warranties, and if a court requires any other Contributor 140to pay any damages as a result, the Commercial Contributor must pay those 141damages. 142 143 5. NO WARRANTY 144 145EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON 146AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS 147OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF 148TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 149Each Recipient is solely responsible for determining the appropriateness of 150using and distributing the Program and assumes all risks associated with its 151exercise of rights under this Agreement, including but not limited to the 152risks and costs of program errors, compliance with applicable laws, damage 153to or loss of data, programs or equipment, and unavailability or interruption 154of operations. 155 156 6. DISCLAIMER OF LIABILITY 157 158EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY 159CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, 160SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION 161LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, 162STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY 163WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS 164GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 165 166 7. GENERAL 167 168If any provision of this Agreement is invalid or unenforceable under applicable 169law, it shall not affect the validity or enforceability of the remainder of 170the terms of this Agreement, and without further action by the parties hereto, 171such provision shall be reformed to the minimum extent necessary to make such 172provision valid and enforceable. 173 174If Recipient institutes patent litigation against any entity (including a 175cross-claim or counterclaim in a lawsuit) alleging that the Program itself 176(excluding combinations of the Program with other software or hardware) infringes 177such Recipient's patent(s), then such Recipient's rights granted under Section 1782(b) shall terminate as of the date such litigation is filed. 179 180All Recipient's rights under this Agreement shall terminate if it fails to 181comply 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 terminate, 184Recipient agrees to cease use and distribution of the Program as soon as reasonably 185practicable. However, Recipient's obligations under this Agreement and any 186licenses granted by Recipient relating to the Program shall continue and survive. 187 188Everyone is permitted to copy and distribute copies of this Agreement, but 189in order to avoid inconsistency the Agreement is copyrighted and may only 190be modified in the following manner. The Agreement Steward reserves the right 191to publish new versions (including revisions) of this Agreement from time 192to time. No one other than the Agreement Steward has the right to modify this 193Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse 194Foundation may assign the responsibility to serve as the Agreement Steward 195to a suitable separate entity. Each new version of the Agreement will be given 196a distinguishing version number. The Program (including Contributions) may 197always be distributed subject to the version of the Agreement under which 198it was received. In addition, after a new version of the Agreement is published, 199Contributor may elect to distribute the Program (including its Contributions) 200under the new version. Except as expressly stated in Sections 2(a) and 2(b) 201above, Recipient receives no rights or licenses to the intellectual property 202of any Contributor under this Agreement, whether expressly, by implication, 203estoppel or otherwise. All rights in the Program not expressly granted under 204this Agreement are reserved. 205 206This Agreement is governed by the laws of the State of New York and the intellectual 207property laws of the United States of America. No party to this Agreement 208will bring a legal action under this Agreement more than one year after the 209cause of action arose. Each party waives its rights to a jury trial in any 210resulting litigation.