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Bill Yic5333322015-05-21 12:23:04 -07001Eclipse Public License - v 1.0
2THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
3PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
4DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
5AGREEMENT.
6
71. DEFINITIONS
8
9"Contribution" means:
10
11a) in the case of the initial Contributor, the initial
12code and documentation distributed under this Agreement, and
13
14b) in the case of each subsequent Contributor:
15
16i) changes to the Program, and
17
18ii) additions to the Program;
19
20where such changes and/or additions to the Program
21originate from and are distributed by that particular Contributor. A
22Contribution 'originates' from a Contributor if it was added to the
23Program by such Contributor itself or anyone acting on such
24Contributor's behalf. Contributions do not include additions to the
25Program which: (i) are separate modules of software distributed in
26conjunction with the Program under their own license agreement, and (ii)
27are not derivative works of the Program.
28
29"Contributor" means any person or entity that distributes
30the Program.
31
32"Licensed Patents" mean patent claims licensable by a
33Contributor which are necessarily infringed by the use or sale of its
34Contribution alone or when combined with the Program.
35
36"Program" means the Contributions distributed in accordance
37with this Agreement.
38
39"Recipient" means anyone who receives the Program under
40this Agreement, including all Contributors.
41
422. GRANT OF RIGHTS
43
44a) Subject to the terms of this Agreement, each
45Contributor hereby grants Recipient a non-exclusive, worldwide,
46royalty-free copyright license to reproduce, prepare derivative works
47of, publicly display, publicly perform, distribute and sublicense the
48Contribution of such Contributor, if any, and such derivative works, in
49source code and object code form.
50
51b) Subject to the terms of this Agreement, each
52Contributor hereby grants Recipient a non-exclusive, worldwide,
53royalty-free patent license under Licensed Patents to make, use, sell,
54offer to sell, import and otherwise transfer the Contribution of such
55Contributor, if any, in source code and object code form. This patent
56license shall apply to the combination of the Contribution and the
57Program if, at the time the Contribution is added by the Contributor,
58such addition of the Contribution causes such combination to be covered
59by the Licensed Patents. The patent license shall not apply to any other
60combinations which include the Contribution. No hardware per se is
61licensed hereunder.
62
63c) Recipient understands that although each Contributor
64grants the licenses to its Contributions set forth herein, no assurances
65are provided by any Contributor that the Program does not infringe the
66patent or other intellectual property rights of any other entity. Each
67Contributor disclaims any liability to Recipient for claims brought by
68any other entity based on infringement of intellectual property rights
69or otherwise. As a condition to exercising the rights and licenses
70granted hereunder, each Recipient hereby assumes sole responsibility to
71secure any other intellectual property rights needed, if any. For
72example, if a third party patent license is required to allow Recipient
73to distribute the Program, it is Recipient's responsibility to acquire
74that license before distributing the Program.
75
76d) Each Contributor represents that to its knowledge it
77has sufficient copyright rights in its Contribution, if any, to grant
78the copyright license set forth in this Agreement.
79
803. REQUIREMENTS
81
82A Contributor may choose to distribute the Program in object code
83form under its own license agreement, provided that:
84
85a) it complies with the terms and conditions of this
86Agreement; and
87
88b) its license agreement:
89
90i) effectively disclaims on behalf of all Contributors
91all warranties and conditions, express and implied, including warranties
92or conditions of title and non-infringement, and implied warranties or
93conditions of merchantability and fitness for a particular purpose;
94
95ii) effectively excludes on behalf of all Contributors
96all liability for damages, including direct, indirect, special,
97incidental and consequential damages, such as lost profits;
98
99iii) states that any provisions which differ from this
100Agreement are offered by that Contributor alone and not by any other
101party; and
102
103iv) states that source code for the Program is available
104from such Contributor, and informs licensees how to obtain it in a
105reasonable manner on or through a medium customarily used for software
106exchange.
107
108When the Program is made available in source code form:
109
110a) it must be made available under this Agreement; and
111
112b) a copy of this Agreement must be included with each
113copy of the Program.
114
115Contributors may not remove or alter any copyright notices contained
116within the Program.
117
118Each Contributor must identify itself as the originator of its
119Contribution, if any, in a manner that reasonably allows subsequent
120Recipients to identify the originator of the Contribution.
121
1224. COMMERCIAL DISTRIBUTION
123
124Commercial distributors of software may accept certain
125responsibilities with respect to end users, business partners and the
126like. While this license is intended to facilitate the commercial use of
127the Program, the Contributor who includes the Program in a commercial
128product offering should do so in a manner which does not create
129potential liability for other Contributors. Therefore, if a Contributor
130includes the Program in a commercial product offering, such Contributor
131("Commercial Contributor") hereby agrees to defend and
132indemnify every other Contributor ("Indemnified Contributor")
133against any losses, damages and costs (collectively "Losses")
134arising from claims, lawsuits and other legal actions brought by a third
135party against the Indemnified Contributor to the extent caused by the
136acts or omissions of such Commercial Contributor in connection with its
137distribution of the Program in a commercial product offering. The
138obligations in this section do not apply to any claims or Losses
139relating to any actual or alleged intellectual property infringement. In
140order to qualify, an Indemnified Contributor must: a) promptly notify
141the Commercial Contributor in writing of such claim, and b) allow the
142Commercial Contributor to control, and cooperate with the Commercial
143Contributor in, the defense and any related settlement negotiations. The
144Indemnified Contributor may participate in any such claim at its own
145expense.
146
147For example, a Contributor might include the Program in a commercial
148product offering, Product X. That Contributor is then a Commercial
149Contributor. If that Commercial Contributor then makes performance
150claims, or offers warranties related to Product X, those performance
151claims and warranties are such Commercial Contributor's responsibility
152alone. Under this section, the Commercial Contributor would have to
153defend claims against the other Contributors related to those
154performance claims and warranties, and if a court requires any other
155Contributor to pay any damages as a result, the Commercial Contributor
156must pay those damages.
157
1585. NO WARRANTY
159
160EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
161PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
162OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
163ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
164OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
165responsible for determining the appropriateness of using and
166distributing the Program and assumes all risks associated with its
167exercise of rights under this Agreement , including but not limited to
168the risks and costs of program errors, compliance with applicable laws,
169damage to or loss of data, programs or equipment, and unavailability or
170interruption of operations.
171
1726. DISCLAIMER OF LIABILITY
173
174EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
175NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
176INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
177WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
178LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
179NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
180DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
181HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
182
1837. GENERAL
184
185If any provision of this Agreement is invalid or unenforceable under
186applicable law, it shall not affect the validity or enforceability of
187the remainder of the terms of this Agreement, and without further action
188by the parties hereto, such provision shall be reformed to the minimum
189extent necessary to make such provision valid and enforceable.
190
191If Recipient institutes patent litigation against any entity
192(including a cross-claim or counterclaim in a lawsuit) alleging that the
193Program itself (excluding combinations of the Program with other
194software or hardware) infringes such Recipient's patent(s), then such
195Recipient's rights granted under Section 2(b) shall terminate as of the
196date such litigation is filed.
197
198All Recipient's rights under this Agreement shall terminate if it
199fails to comply with any of the material terms or conditions of this
200Agreement and does not cure such failure in a reasonable period of time
201after becoming aware of such noncompliance. If all Recipient's rights
202under this Agreement terminate, Recipient agrees to cease use and
203distribution of the Program as soon as reasonably practicable. However,
204Recipient's obligations under this Agreement and any licenses granted by
205Recipient relating to the Program shall continue and survive.
206
207Everyone is permitted to copy and distribute copies of this
208Agreement, but in order to avoid inconsistency the Agreement is
209copyrighted and may only be modified in the following manner. The
210Agreement Steward reserves the right to publish new versions (including
211revisions) of this Agreement from time to time. No one other than the
212Agreement Steward has the right to modify this Agreement. The Eclipse
213Foundation is the initial Agreement Steward. The Eclipse Foundation may
214assign the responsibility to serve as the Agreement Steward to a
215suitable separate entity. Each new version of the Agreement will be
216given a distinguishing version number. The Program (including
217Contributions) may always be distributed subject to the version of the
218Agreement under which it was received. In addition, after a new version
219of the Agreement is published, Contributor may elect to distribute the
220Program (including its Contributions) under the new version. Except as
221expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
222rights or licenses to the intellectual property of any Contributor under
223this Agreement, whether expressly, by implication, estoppel or
224otherwise. All rights in the Program not expressly granted under this
225Agreement are reserved.
226
227This Agreement is governed by the laws of the State of New York and
228the intellectual property laws of the United States of America. No party
229to this Agreement will bring a legal action under this Agreement more
230than one year after the cause of action arose. Each party waives its
231rights to a jury trial in any resulting litigation.