Eclipse Public License, Version 1.0 (EPL-1.0) | |
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC | |
LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM | |
CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. | |
1. DEFINITIONS | |
"Contribution" means: | |
a) in the case of the initial Contributor, the initial code and | |
documentation distributed under this Agreement, and | |
b) in the case of each subsequent Contributor: | |
i) changes to the Program, and | |
ii) additions to the Program; | |
where such changes and/or additions to the Program originate from and are | |
distributed by that particular Contributor. A Contribution 'originates' | |
from a Contributor if it was added to the Program by such Contributor itself | |
or anyone acting on such Contributor's behalf. Contributions do not include | |
additions to the Program which: (i) are separate modules of software | |
distributed in conjunction with the Program under their own license agreement, | |
and (ii) are not derivative works of the Program. | |
"Contributor" means any person or entity that distributes the Program. | |
"Licensed Patents " mean patent claims licensable by a Contributor which are | |
necessarily infringed by the use or sale of its Contribution alone or | |
when combined with the Program. | |
"Program" means the Contributions distributed in accordance with | |
this Agreement. | |
"Recipient" means anyone who receives the Program under this Agreement, | |
including all Contributors. | |
2. GRANT OF RIGHTS | |
a) Subject to the terms of this Agreement, each Contributor hereby grants | |
Recipient a non-exclusive, worldwide, royalty-free copyright license to | |
reproduce, prepare derivative works of, publicly display, publicly | |
perform, distribute and sublicense the Contribution of such | |
Contributor, if any, and such derivative works, | |
in source code and object code form. | |
b) Subject to the terms of this Agreement, each Contributor hereby grants | |
Recipient a non-exclusive, worldwide, royalty-free patent license under | |
Licensed Patents to make, use, sell, offer to sell, import and | |
otherwise transfer the Contribution of such Contributor, if any, | |
in source code and object code form. This patent license shall apply | |
to the combination of the Contribution and the Program if, at the time | |
the Contribution is added by the Contributor, such addition of the | |
Contribution causes such combination to be covered by the | |
Licensed Patents. The patent license shall not apply to any other | |
combinations which include the Contribution. | |
No hardware per se is licensed hereunder. | |
c) Recipient understands that although each Contributor grants the | |
licenses to its Contributions set forth herein, no assurances are | |
provided by any Contributor that the Program does not infringe the | |
patent or other intellectual property rights of any other entity. | |
Each Contributor disclaims any liability to Recipient for claims | |
brought by any other entity based on infringement of intellectual | |
property rights or otherwise. As a condition to exercising the | |
rights and licenses granted hereunder, each Recipient hereby assumes | |
sole responsibility to secure any other intellectual property rights | |
needed, if any. For example, if a third party patent license is | |
required to allow Recipient to distribute the Program, it is | |
Recipient's responsibility to acquire that license | |
before distributing the Program. | |
d) Each Contributor represents that to its knowledge it has sufficient | |
copyright rights in its Contribution, if any, to grant the copyright | |
license set forth in this Agreement. | |
3. REQUIREMENTS | |
A Contributor may choose to distribute the Program in object code form under | |
its own license agreement, provided that: | |
a) it complies with the terms and conditions of this Agreement; and | |
b) its license agreement: | |
i) effectively disclaims on behalf of all Contributors all warranties | |
and conditions, express and implied, including warranties or | |
conditions of title and non-infringement, and implied warranties or | |
conditions of merchantability and fitness for a particular purpose; | |
ii) effectively excludes on behalf of all Contributors all liability | |
for damages, including direct, indirect, special, incidental and | |
consequential damages, such as lost profits; | |
iii) states that any provisions which differ from this Agreement are | |
offered by that Contributor alone and not by any other party; and | |
iv) states that source code for the Program is available from such | |
Contributor, and informs licensees how to obtain it in a reasonable | |
manner on or through a medium customarily used for software exchange. | |
When the Program is made available in source code form: | |
a) it must be made available under this Agreement; and | |
b) a copy of this Agreement must be included with each copy of the Program. | |
Contributors may not remove or alter any copyright notices contained | |
within the Program. | |
Each Contributor must identify itself as the originator of its Contribution, | |
if any, in a manner that reasonably allows subsequent Recipients to | |
identify the originator of the Contribution. | |
4. COMMERCIAL DISTRIBUTION | |
Commercial distributors of software may accept certain responsibilities with | |
respect to end users, business partners and the like. While this license is | |
intended to facilitate the commercial use of the Program, the Contributor who | |
includes the Program in a commercial product offering should do so in a manner | |
which does not create potential liability for other Contributors. Therefore, | |
if a Contributor includes the Program in a commercial product offering, | |
such Contributor ("Commercial Contributor") hereby agrees to defend and | |
indemnify every other Contributor ("Indemnified Contributor") against any | |
losses, damages and costs (collectively "Losses") arising from claims, | |
lawsuits and other legal actions brought by a third party against the | |
Indemnified Contributor to the extent caused by the acts or omissions of | |
such Commercial Contributor in connection with its distribution of the Program | |
in a commercial product offering. The obligations in this section do not apply | |
to any claims or Losses relating to any actual or alleged intellectual | |
property infringement. In order to qualify, an Indemnified Contributor must: | |
a) promptly notify the Commercial Contributor in writing of such claim, | |
and b) allow the Commercial Contributor to control, and cooperate with the | |
Commercial Contributor in, the defense and any related settlement | |
negotiations. The Indemnified Contributor may participate in any such | |
claim at its own expense. | |
For example, a Contributor might include the Program in a commercial product | |
offering, Product X. That Contributor is then a Commercial Contributor. | |
If that Commercial Contributor then makes performance claims, or offers | |
warranties related to Product X, those performance claims and warranties | |
are such Commercial Contributor's responsibility alone. Under this section, | |
the Commercial Contributor would have to defend claims against the other | |
Contributors related to those performance claims and warranties, and if a | |
court requires any other Contributor to pay any damages as a result, | |
the Commercial Contributor must pay those damages. | |
5. NO WARRANTY | |
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN | |
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR | |
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, | |
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. | |
Each Recipient is solely responsible for determining the appropriateness of | |
using and distributing the Program and assumes all risks associated with its | |
exercise of rights under this Agreement , including but not limited to the | |
risks and costs of program errors, compliance with applicable laws, damage to | |
or loss of data, programs or equipment, and unavailability | |
or interruption of operations. | |
6. DISCLAIMER OF LIABILITY | |
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY | |
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, | |
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION | |
LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN | |
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) | |
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE | |
EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE | |
POSSIBILITY OF SUCH DAMAGES. | |
7. GENERAL | |
If any provision of this Agreement is invalid or unenforceable under | |
applicable law, it shall not affect the validity or enforceability of the | |
remainder of the terms of this Agreement, and without further action by | |
the parties hereto, such provision shall be reformed to the minimum extent | |
necessary to make such provision valid and enforceable. | |
If Recipient institutes patent litigation against any entity (including a | |
cross-claim or counterclaim in a lawsuit) alleging that the Program itself | |
(excluding combinations of the Program with other software or hardware) | |
infringes such Recipient's patent(s), then such Recipient's rights granted | |
under Section 2(b) shall terminate as of the date such litigation is filed. | |
All Recipient's rights under this Agreement shall terminate if it fails to | |
comply with any of the material terms or conditions of this Agreement and | |
does not cure such failure in a reasonable period of time after becoming | |
aware of such noncompliance. If all Recipient's rights under this | |
Agreement terminate, Recipient agrees to cease use and distribution of the | |
Program as soon as reasonably practicable. However, Recipient's obligations | |
under this Agreement and any licenses granted by Recipient relating to the | |
Program shall continue and survive. | |
Everyone is permitted to copy and distribute copies of this Agreement, | |
but in order to avoid inconsistency the Agreement is copyrighted and may | |
only be modified in the following manner. The Agreement Steward reserves | |
the right to publish new versions (including revisions) of this Agreement | |
from time to time. No one other than the Agreement Steward has the right to | |
modify this Agreement. The Eclipse Foundation is the initial | |
Agreement Steward. The Eclipse Foundation may assign the responsibility to | |
serve as the Agreement Steward to a suitable separate entity. Each new version | |
of the Agreement will be given a distinguishing version number. The Program | |
(including Contributions) may always be distributed subject to the version | |
of the Agreement under which it was received. In addition, after a new version | |
of the Agreement is published, Contributor may elect to distribute the Program | |
(including its Contributions) under the new version. Except as expressly | |
stated in Sections 2(a) and 2(b) above, Recipient receives no rights or | |
licenses to the intellectual property of any Contributor under this Agreement, | |
whether expressly, by implication, estoppel or otherwise. All rights in the | |
Program not expressly granted under this Agreement are reserved. | |
This Agreement is governed by the laws of the State of New York and the | |
intellectual property laws of the United States of America. No party to | |
this Agreement will bring a legal action under this Agreement more than one | |
year after the cause of action arose. Each party waives its rights to a | |
jury trial in any resulting litigation. |