| 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 | |
| 5 | 1. DEFINITIONS |
| 6 | |
| 7 | "Contribution" means: |
| 8 | |
| 9 | a) in the case of the initial Contributor, the initial code and |
| 10 | documentation distributed under this Agreement, and |
| 11 | |
| 12 | b) in the case of each subsequent Contributor: |
| 13 | |
| 14 | i) changes to the Program, and |
| 15 | |
| 16 | ii) additions to the Program; |
| 17 | |
| 18 | where such changes and/or additions to the Program originate from and are |
| 19 | distributed by that particular Contributor. A Contribution 'originates' from |
| 20 | a Contributor if it was added to the Program by such Contributor itself or |
| 21 | anyone acting on such Contributor's behalf. Contributions do not include |
| 22 | additions to the Program which: (i) are separate modules of software |
| 23 | distributed in conjunction with the Program under their own license |
| 24 | agreement, and (ii) are not derivative works of the Program. |
| 25 | |
| 26 | "Contributor" means any person or entity that distributes the Program. |
| 27 | |
| 28 | "Licensed Patents" mean patent claims licensable by a Contributor which are |
| 29 | necessarily infringed by the use or sale of its Contribution alone or when |
| 30 | combined with the Program. |
| 31 | |
| 32 | "Program" means the Contributions distributed in accordance with this |
| 33 | Agreement. |
| 34 | |
| 35 | "Recipient" means anyone who receives the Program under this Agreement, |
| 36 | including all Contributors. |
| 37 | |
| 38 | 2. GRANT OF RIGHTS |
| 39 | |
| 40 | a) Subject to the terms of this Agreement, each Contributor hereby grants |
| 41 | Recipient a non-exclusive, worldwide, royalty-free copyright license to |
| 42 | reproduce, prepare derivative works of, publicly display, publicly perform, |
| 43 | distribute and sublicense the Contribution of such Contributor, if any, and |
| 44 | such derivative works, in source code and object code form. |
| 45 | |
| 46 | b) Subject to the terms of this Agreement, each Contributor hereby grants |
| 47 | Recipient a non-exclusive, worldwide, royalty-free patent license under |
| 48 | Licensed Patents to make, use, sell, offer to sell, import and otherwise |
| 49 | transfer the Contribution of such Contributor, if any, in source code and |
| 50 | object code form. This patent license shall apply to the combination of the |
| 51 | Contribution and the Program if, at the time the Contribution is added by the |
| 52 | Contributor, such addition of the Contribution causes such combination to be |
| 53 | covered by the Licensed Patents. The patent license shall not apply to any |
| 54 | other combinations which include the Contribution. No hardware per se is |
| 55 | licensed hereunder. |
| 56 | |
| 57 | c) Recipient understands that although each Contributor grants the licenses |
| 58 | to its Contributions set forth herein, no assurances are provided by any |
| 59 | Contributor that the Program does not infringe the patent or other |
| 60 | intellectual property rights of any other entity. Each Contributor disclaims |
| 61 | any liability to Recipient for claims brought by any other entity based on |
| 62 | infringement of intellectual property rights or otherwise. As a condition to |
| 63 | exercising the rights and licenses granted hereunder, each Recipient hereby |
| 64 | assumes sole responsibility to secure any other intellectual property rights |
| 65 | needed, if any. For example, if a third party patent license is required to |
| 66 | allow Recipient to distribute the Program, it is Recipient's responsibility |
| 67 | to acquire that license before distributing the Program. |
| 68 | |
| 69 | d) Each Contributor represents that to its knowledge it has sufficient |
| 70 | copyright rights in its Contribution, if any, to grant the copyright license |
| 71 | set forth in this Agreement. |
| 72 | |
| 73 | 3. REQUIREMENTS |
| 74 | |
| 75 | A Contributor may choose to distribute the Program in object code form under |
| 76 | its own license agreement, provided that: |
| 77 | |
| 78 | a) it complies with the terms and conditions of this Agreement; and |
| 79 | |
| 80 | b) its license agreement: |
| 81 | |
| 82 | i) effectively disclaims on behalf of all Contributors all warranties and |
| 83 | conditions, express and implied, including warranties or conditions of title |
| 84 | and non-infringement, and implied warranties or conditions of merchantability |
| 85 | and fitness for a particular purpose; |
| 86 | |
| 87 | ii) effectively excludes on behalf of all Contributors all liability for |
| 88 | damages, including direct, indirect, special, incidental and consequential |
| 89 | damages, such as lost profits; |
| 90 | |
| 91 | iii) states that any provisions which differ from this Agreement are offered |
| 92 | by that Contributor alone and not by any other party; and |
| 93 | |
| 94 | iv) states that source code for the Program is available from such |
| 95 | Contributor, and informs licensees how to obtain it in a reasonable manner on |
| 96 | or through a medium customarily used for software exchange. |
| 97 | |
| 98 | When the Program is made available in source code form: |
| 99 | |
| 100 | a) it must be made available under this Agreement; and |
| 101 | |
| 102 | b) a copy of this Agreement must be included with each copy of the Program. |
| 103 | |
| 104 | Contributors may not remove or alter any copyright notices contained within |
| 105 | the Program. |
| 106 | |
| 107 | Each Contributor must identify itself as the originator of its Contribution, |
| 108 | if any, in a manner that reasonably allows subsequent Recipients to identify |
| 109 | the originator of the Contribution. |
| 110 | |
| 111 | 4. COMMERCIAL DISTRIBUTION |
| 112 | |
| 113 | Commercial distributors of software may accept certain responsibilities with |
| 114 | respect to end users, business partners and the like. While this license is |
| 115 | intended to facilitate the commercial use of the Program, the Contributor who |
| 116 | includes the Program in a commercial product offering should do so in a |
| 117 | manner which does not create potential liability for other Contributors. |
| 118 | Therefore, if a Contributor includes the Program in a commercial product |
| 119 | offering, such Contributor ("Commercial Contributor") hereby agrees to defend |
| 120 | and indemnify every other Contributor ("Indemnified Contributor") against any |
| 121 | losses, damages and costs (collectively "Losses") arising from claims, |
| 122 | lawsuits and other legal actions brought by a third party against the |
| 123 | Indemnified Contributor to the extent caused by the acts or omissions of such |
| 124 | Commercial Contributor in connection with its distribution of the Program in |
| 125 | a commercial product offering. The obligations in this section do not apply |
| 126 | to any claims or Losses relating to any actual or alleged intellectual |
| 127 | property infringement. In order to qualify, an Indemnified Contributor must: |
| 128 | a) promptly notify the Commercial Contributor in writing of such claim, and |
| 129 | b) allow the Commercial Contributor tocontrol, and cooperate with the |
| 130 | Commercial Contributor in, the defense and any related settlement |
| 131 | negotiations. The Indemnified Contributor may participate in any such claim |
| 132 | at its own expense. |
| 133 | |
| 134 | For example, a Contributor might include the Program in a commercial product |
| 135 | offering, Product X. That Contributor is then a Commercial Contributor. If |
| 136 | that Commercial Contributor then makes performance claims, or offers |
| 137 | warranties related to Product X, those performance claims and warranties are |
| 138 | such Commercial Contributor's responsibility alone. Under this section, the |
| 139 | Commercial Contributor would have to defend claims against the other |
| 140 | Contributors related to those performance claims and warranties, and if a |
| 141 | court requires any other Contributor to pay any damages as a result, the |
| 142 | Commercial Contributor must pay those damages. |
| 143 | |
| 144 | 5. NO WARRANTY |
| 145 | |
| 146 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON |
| 147 | AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER |
| 148 | EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR |
| 149 | CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A |
| 150 | PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the |
| 151 | appropriateness of using and distributing the Program and assumes all risks |
| 152 | associated with its exercise of rights under this Agreement , including but |
| 153 | not limited to the risks and costs of program errors, compliance with |
| 154 | applicable laws, damage to or loss of data, programs or equipment, and |
| 155 | unavailability or interruption of operations. |
| 156 | |
| 157 | 6. DISCLAIMER OF LIABILITY |
| 158 | |
| 159 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
| 160 | CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| 161 | SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION |
| 162 | LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN |
| 163 | CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
| 164 | ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE |
| 165 | EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY |
| 166 | OF SUCH DAMAGES. |
| 167 | |
| 168 | 7. GENERAL |
| 169 | |
| 170 | If any provision of this Agreement is invalid or unenforceable under |
| 171 | applicable law, it shall not affect the validity or enforceability of the |
| 172 | remainder of the terms of this Agreement, and without further action by the |
| 173 | parties hereto, such provision shall be reformed to the minimum extent |
| 174 | necessary to make such provision valid and enforceable. |
| 175 | |
| 176 | If Recipient institutes patent litigation against any entity (including a |
| 177 | cross-claim or counterclaim in a lawsuit) alleging that the Program itself |
| 178 | (excluding combinations of the Program with other software or hardware) |
| 179 | infringes such Recipient's patent(s), then such Recipient's rights granted |
| 180 | under Section 2(b) shall terminate as of the date such litigation is filed. |
| 181 | |
| 182 | All Recipient's rights under this Agreement shall terminate if it fails to |
| 183 | comply with any of the material terms or conditions of this Agreement and |
| 184 | does not cure such failure in a reasonable period of time after becoming |
| 185 | aware of such noncompliance. If all Recipient's rights under this Agreement |
| 186 | terminate, Recipient agrees to cease use and distribution of the Program as |
| 187 | soon as reasonably practicable. However, Recipient's obligations under this |
| 188 | Agreement and any licenses granted by Recipient relating to the Program shall |
| 189 | continue and survive. |
| 190 | |
| 191 | Everyone is permitted to copy and distribute copies of this Agreement, but in |
| 192 | order to avoid inconsistency the Agreement is copyrighted and may only be |
| 193 | modified in the following manner. The Agreement Steward reserves the right to |
| 194 | publish new versions (including revisions) of this Agreement from time to |
| 195 | time. No one other than the Agreement Steward has the right to modify this |
| 196 | Agreement. The Eclipse Foundation is the initial Agreement Steward. The |
| 197 | Eclipse Foundation may assign the responsibility to serve as the Agreement |
| 198 | Steward to a suitable separate entity. Each new version of the Agreement will |
| 199 | be given a distinguishing version number. The Program (including |
| 200 | Contributions) may always be distributed subject to the version of the |
| 201 | Agreement under which it was received. In addition, after a new version of |
| 202 | the Agreement is published, Contributor may elect to distribute the Program |
| 203 | (including its Contributions) under the new version. Except as expressly |
| 204 | stated in Sections 2(a) and 2(b) above, Recipient receives no rights or |
| 205 | licenses to the intellectual property of any Contributor under this |
| 206 | Agreement, whether expressly, by implication, estoppel or otherwise. All |
| 207 | rights in the Program not expressly granted under this Agreement are |
| 208 | reserved. |
| 209 | |
| 210 | This Agreement is governed by the laws of the State of New York and the |
| 211 | intellectual property laws of the United States of America. No party to this |
| 212 | Agreement will bring a legal action under this Agreement more than one year |
| 213 | after the cause of action arose. Each party waives its rights to a jury trial |
| 214 | in any resulting litigation. |