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