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