Conley Owens | 77dcea7 | 2015-03-12 15:20:05 -0700 | [diff] [blame] | 1 | |
| 2 | Eclipse Public License - v 1.0 |
| 3 | |
| 4 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE |
| 5 | PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF |
| 6 | THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
| 7 | |
| 8 | *1. DEFINITIONS* |
| 9 | |
| 10 | "Contribution" means: |
| 11 | |
| 12 | a) in the case of the initial Contributor, the initial code and |
| 13 | documentation distributed under this Agreement, and |
| 14 | |
| 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 |
| 22 | are distributed by that particular Contributor. A Contribution |
| 23 | 'originates' from a Contributor if it was added to the Program by such |
| 24 | Contributor itself or anyone acting on such Contributor's behalf. |
| 25 | Contributions do not include additions to the Program which: (i) are |
| 26 | separate modules of software distributed in conjunction with the Program |
| 27 | under their own license agreement, and (ii) are not derivative works of |
| 28 | the Program. |
| 29 | |
| 30 | "Contributor" means any person or entity that distributes the Program. |
| 31 | |
| 32 | "Licensed Patents" mean patent claims licensable by a Contributor which |
| 33 | are necessarily infringed by the use or sale of its Contribution alone |
| 34 | or when combined with the Program. |
| 35 | |
| 36 | "Program" means the Contributions distributed in accordance with this |
| 37 | Agreement. |
| 38 | |
| 39 | "Recipient" means anyone who receives the Program under this Agreement, |
| 40 | including all Contributors. |
| 41 | |
| 42 | *2. GRANT OF RIGHTS* |
| 43 | |
| 44 | a) Subject to the terms of this Agreement, each Contributor hereby |
| 45 | grants Recipient a non-exclusive, worldwide, royalty-free copyright |
| 46 | license to reproduce, prepare derivative works of, publicly display, |
| 47 | publicly perform, distribute and sublicense the Contribution of such |
| 48 | Contributor, if any, and such derivative works, in source code and |
| 49 | object code form. |
| 50 | |
| 51 | b) Subject to the terms of this Agreement, each Contributor hereby |
| 52 | grants Recipient a non-exclusive, worldwide, royalty-free patent license |
| 53 | under Licensed Patents to make, use, sell, offer to sell, import and |
| 54 | otherwise transfer the Contribution of such Contributor, if any, in |
| 55 | source code and object code form. This patent license shall apply to the |
| 56 | combination of the Contribution and the Program if, at the time the |
| 57 | Contribution is added by the Contributor, such addition of the |
| 58 | Contribution causes such combination to be covered by the Licensed |
| 59 | Patents. The patent license shall not apply to any other combinations |
| 60 | which include the Contribution. No hardware per se is licensed hereunder. |
| 61 | |
| 62 | c) Recipient understands that although each Contributor grants the |
| 63 | licenses to its Contributions set forth herein, no assurances are |
| 64 | provided by any Contributor that the Program does not infringe the |
| 65 | patent or other intellectual property rights of any other entity. Each |
| 66 | Contributor disclaims any liability to Recipient for claims brought by |
| 67 | any other entity based on infringement of intellectual property rights |
| 68 | or otherwise. As a condition to exercising the rights and licenses |
| 69 | granted hereunder, each Recipient hereby assumes sole responsibility to |
| 70 | secure any other intellectual property rights needed, if any. For |
| 71 | example, if a third party patent license is required to allow Recipient |
| 72 | to distribute the Program, it is Recipient's responsibility to acquire |
| 73 | that license before distributing the Program. |
| 74 | |
| 75 | d) Each Contributor represents that to its knowledge it has sufficient |
| 76 | copyright rights in its Contribution, if any, to grant the copyright |
| 77 | license set forth in this Agreement. |
| 78 | |
| 79 | *3. REQUIREMENTS* |
| 80 | |
| 81 | A Contributor may choose to distribute the Program in object code form |
| 82 | under its own license agreement, provided that: |
| 83 | |
| 84 | a) it complies with the terms and conditions of this Agreement; and |
| 85 | |
| 86 | b) its license agreement: |
| 87 | |
| 88 | i) effectively disclaims on behalf of all Contributors all warranties |
| 89 | and conditions, express and implied, including warranties or conditions |
| 90 | of title and non-infringement, and implied warranties or conditions of |
| 91 | merchantability and fitness for a particular purpose; |
| 92 | |
| 93 | ii) effectively excludes on behalf of all Contributors all liability for |
| 94 | damages, including direct, indirect, special, incidental and |
| 95 | consequential damages, such as lost profits; |
| 96 | |
| 97 | iii) states that any provisions which differ from this Agreement are |
| 98 | offered by that Contributor alone and not by any other party; and |
| 99 | |
| 100 | iv) states that source code for the Program is available from such |
| 101 | Contributor, and informs licensees how to obtain it in a reasonable |
| 102 | manner on or through a medium customarily used for software exchange. |
| 103 | |
| 104 | When the Program is made available in source code form: |
| 105 | |
| 106 | a) it must be made available under this Agreement; and |
| 107 | |
| 108 | b) a copy of this Agreement must be included with each copy of the Program. |
| 109 | |
| 110 | Contributors may not remove or alter any copyright notices contained |
| 111 | within the Program. |
| 112 | |
| 113 | Each Contributor must identify itself as the originator of its |
| 114 | Contribution, if any, in a manner that reasonably allows subsequent |
| 115 | Recipients to identify the originator of the Contribution. |
| 116 | |
| 117 | *4. COMMERCIAL DISTRIBUTION* |
| 118 | |
| 119 | Commercial distributors of software may accept certain responsibilities |
| 120 | with respect to end users, business partners and the like. While this |
| 121 | license is intended to facilitate the commercial use of the Program, the |
| 122 | Contributor who includes the Program in a commercial product offering |
| 123 | should do so in a manner which does not create potential liability for |
| 124 | other Contributors. Therefore, if a Contributor includes the Program in |
| 125 | a commercial product offering, such Contributor ("Commercial |
| 126 | Contributor") hereby agrees to defend and indemnify every other |
| 127 | Contributor ("Indemnified Contributor") against any losses, damages and |
| 128 | costs (collectively "Losses") arising from claims, lawsuits and other |
| 129 | legal actions brought by a third party against the Indemnified |
| 130 | Contributor to the extent caused by the acts or omissions of such |
| 131 | Commercial Contributor in connection with its distribution of the |
| 132 | Program in a commercial product offering. The obligations in this |
| 133 | section do not apply to any claims or Losses relating to any actual or |
| 134 | alleged intellectual property infringement. In order to qualify, an |
| 135 | Indemnified Contributor must: a) promptly notify the Commercial |
| 136 | Contributor in writing of such claim, and b) allow the Commercial |
| 137 | Contributor to control, and cooperate with the Commercial Contributor |
| 138 | in, the defense and any related settlement negotiations. The Indemnified |
| 139 | Contributor may participate in any such claim at its own expense. |
| 140 | |
| 141 | For example, a Contributor might include the Program in a commercial |
| 142 | product offering, Product X. That Contributor is then a Commercial |
| 143 | Contributor. If that Commercial Contributor then makes performance |
| 144 | claims, or offers warranties related to Product X, those performance |
| 145 | claims and warranties are such Commercial Contributor's responsibility |
| 146 | alone. Under this section, the Commercial Contributor would have to |
| 147 | defend claims against the other Contributors related to those |
| 148 | performance claims and warranties, and if a court requires any other |
| 149 | Contributor to pay any damages as a result, the Commercial Contributor |
| 150 | must pay those damages. |
| 151 | |
| 152 | *5. NO WARRANTY* |
| 153 | |
| 154 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED |
| 155 | ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, |
| 156 | EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES |
| 157 | OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR |
| 158 | A PARTICULAR PURPOSE. Each Recipient is solely responsible for |
| 159 | determining the appropriateness of using and distributing the Program |
| 160 | and assumes all risks associated with its exercise of rights under this |
| 161 | Agreement , including but not limited to the risks and costs of program |
| 162 | errors, compliance with applicable laws, damage to or loss of data, |
| 163 | programs or equipment, and unavailability or interruption of operations. |
| 164 | |
| 165 | *6. DISCLAIMER OF LIABILITY* |
| 166 | |
| 167 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR |
| 168 | ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, |
| 169 | INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
| 170 | WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF |
| 171 | LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
| 172 | NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR |
| 173 | DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED |
| 174 | HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 175 | |
| 176 | *7. GENERAL* |
| 177 | |
| 178 | If any provision of this Agreement is invalid or unenforceable under |
| 179 | applicable law, it shall not affect the validity or enforceability of |
| 180 | the remainder of the terms of this Agreement, and without further action |
| 181 | by the parties hereto, such provision shall be reformed to the minimum |
| 182 | extent necessary to make such provision valid and enforceable. |
| 183 | |
| 184 | If Recipient institutes patent litigation against any entity (including |
| 185 | a cross-claim or counterclaim in a lawsuit) alleging that the Program |
| 186 | itself (excluding combinations of the Program with other software or |
| 187 | hardware) infringes such Recipient's patent(s), then such Recipient's |
| 188 | rights granted under Section 2(b) shall terminate as of the date such |
| 189 | litigation is filed. |
| 190 | |
| 191 | All Recipient's rights under this Agreement shall terminate if it fails |
| 192 | to comply with any of the material terms or conditions of this Agreement |
| 193 | and does not cure such failure in a reasonable period of time after |
| 194 | becoming aware of such noncompliance. If all Recipient's rights under |
| 195 | this Agreement terminate, Recipient agrees to cease use and distribution |
| 196 | of the Program as soon as reasonably practicable. However, Recipient's |
| 197 | obligations under this Agreement and any licenses granted by Recipient |
| 198 | relating to the Program shall continue and survive. |
| 199 | |
| 200 | Everyone is permitted to copy and distribute copies of this Agreement, |
| 201 | but in order to avoid inconsistency the Agreement is copyrighted and may |
| 202 | only be modified in the following manner. The Agreement Steward reserves |
| 203 | the right to publish new versions (including revisions) of this |
| 204 | Agreement from time to time. No one other than the Agreement Steward has |
| 205 | the right to modify this Agreement. The Eclipse Foundation is the |
| 206 | initial Agreement Steward. The Eclipse Foundation may assign the |
| 207 | responsibility to serve as the Agreement Steward to a suitable separate |
| 208 | entity. Each new version of the Agreement will be given a distinguishing |
| 209 | version number. The Program (including Contributions) may always be |
| 210 | distributed subject to the version of the Agreement under which it was |
| 211 | received. In addition, after a new version of the Agreement is |
| 212 | published, Contributor may elect to distribute the Program (including |
| 213 | its Contributions) under the new version. Except as expressly stated in |
| 214 | Sections 2(a) and 2(b) above, Recipient receives no rights or licenses |
| 215 | to the intellectual property of any Contributor under this Agreement, |
| 216 | whether expressly, by implication, estoppel or otherwise. All rights in |
| 217 | the Program not expressly granted under this Agreement are reserved. |
| 218 | |
| 219 | This Agreement is governed by the laws of the State of New York and the |
| 220 | intellectual property laws of the United States of America. No party to |
| 221 | this Agreement will bring a legal action under this Agreement more than |
| 222 | one year after the cause of action arose. Each party waives its rights |
| 223 | to a jury trial in any resulting litigation. |
| 224 | |