| *Eclipse Public License - v 1.0* |
| |
| THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE |
| PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF |
| THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
| |
| *1. DEFINITIONS* |
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| "Contribution" means: |
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| a) in the case of the initial Contributor, the initial code and |
| documentation distributed under this Agreement, and |
| b) in the case of each subsequent Contributor: |
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| i) changes to the Program, and |
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| ii) additions to the Program; |
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| where such changes and/or additions to the Program originate from and |
| are distributed by that particular Contributor. A Contribution |
| 'originates' from a Contributor if it was added to the Program by such |
| Contributor itself or anyone acting on such Contributor's behalf. |
| Contributions do not include additions to the Program which: (i) are |
| separate modules of software distributed in conjunction with the Program |
| under their own license agreement, and (ii) are not derivative works of |
| the Program. |
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| "Contributor" means any person or entity that distributes the Program. |
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| "Licensed Patents " mean patent claims licensable by a Contributor which |
| are necessarily infringed by the use or sale of its Contribution alone |
| or when combined with the Program. |
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| "Program" means the Contributions distributed in accordance with this |
| Agreement. |
| |
| "Recipient" means anyone who receives the Program under this Agreement, |
| including all Contributors. |
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| *2. GRANT OF RIGHTS* |
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| a) Subject to the terms of this Agreement, each Contributor hereby |
| grants Recipient a non-exclusive, worldwide, royalty-free copyright |
| license to reproduce, prepare derivative works of, publicly display, |
| publicly perform, distribute and sublicense the Contribution of such |
| Contributor, if any, and such derivative works, in source code and |
| object code form. |
| |
| b) Subject to the terms of this Agreement, each Contributor hereby |
| grants Recipient a non-exclusive, worldwide, royalty-free patent license |
| under Licensed Patents to make, use, sell, offer to sell, import and |
| otherwise transfer the Contribution of such Contributor, if any, in |
| source code and object code form. This patent license shall apply to the |
| combination of the Contribution and the Program if, at the time the |
| Contribution is added by the Contributor, such addition of the |
| Contribution causes such combination to be covered by the Licensed |
| Patents. The patent license shall not apply to any other combinations |
| which include the Contribution. No hardware per se is licensed hereunder. |
| |
| c) Recipient understands that although each Contributor grants the |
| licenses to its Contributions set forth herein, no assurances are |
| provided by any Contributor that the Program does not infringe the |
| patent or other intellectual property rights of any other entity. Each |
| Contributor disclaims any liability to Recipient for claims brought by |
| any other entity based on infringement of intellectual property rights |
| or otherwise. As a condition to exercising the rights and licenses |
| granted hereunder, each Recipient hereby assumes sole responsibility to |
| secure any other intellectual property rights needed, if any. For |
| example, if a third party patent license is required to allow Recipient |
| to distribute the Program, it is Recipient's responsibility to acquire |
| that license before distributing the Program. |
| |
| d) Each Contributor represents that to its knowledge it has sufficient |
| copyright rights in its Contribution, if any, to grant the copyright |
| license set forth in this Agreement. |
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| *3. REQUIREMENTS* |
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| A Contributor may choose to distribute the Program in object code form |
| under its own license agreement, provided that: |
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| a) it complies with the terms and conditions of this Agreement; and |
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| b) its license agreement: |
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| i) effectively disclaims on behalf of all Contributors all warranties |
| and conditions, express and implied, including warranties or conditions |
| of title and non-infringement, and implied warranties or conditions of |
| merchantability and fitness for a particular purpose; |
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| ii) effectively excludes on behalf of all Contributors all liability for |
| damages, including direct, indirect, special, incidental and |
| consequential damages, such as lost profits; |
| |
| iii) states that any provisions which differ from this Agreement are |
| offered by that Contributor alone and not by any other party; and |
| |
| iv) states that source code for the Program is available from such |
| Contributor, and informs licensees how to obtain it in a reasonable |
| manner on or through a medium customarily used for software exchange. |
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| When the Program is made available in source code form: |
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| a) it must be made available under this Agreement; and |
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| b) a copy of this Agreement must be included with each copy of the Program. |
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| Contributors may not remove or alter any copyright notices contained |
| within the Program. |
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| Each Contributor must identify itself as the originator of its |
| Contribution, if any, in a manner that reasonably allows subsequent |
| Recipients to identify the originator of the Contribution. |
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| *4. COMMERCIAL DISTRIBUTION* |
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| Commercial distributors of software may accept certain responsibilities |
| with respect to end users, business partners and the like. While this |
| license is intended to facilitate the commercial use of the Program, the |
| Contributor who includes the Program in a commercial product offering |
| should do so in a manner which does not create potential liability for |
| other Contributors. Therefore, if a Contributor includes the Program in |
| a commercial product offering, such Contributor ("Commercial |
| Contributor") hereby agrees to defend and indemnify every other |
| Contributor ("Indemnified Contributor") against any losses, damages and |
| costs (collectively "Losses") arising from claims, lawsuits and other |
| legal actions brought by a third party against the Indemnified |
| Contributor to the extent caused by the acts or omissions of such |
| Commercial Contributor in connection with its distribution of the |
| Program in a commercial product offering. The obligations in this |
| section do not apply to any claims or Losses relating to any actual or |
| alleged intellectual property infringement. In order to qualify, an |
| Indemnified Contributor must: a) promptly notify the Commercial |
| Contributor in writing of such claim, and b) allow the Commercial |
| Contributor to control, and cooperate with the Commercial Contributor |
| in, the defense and any related settlement negotiations. The Indemnified |
| Contributor may participate in any such claim at its own expense. |
| |
| For example, a Contributor might include the Program in a commercial |
| product offering, Product X. That Contributor is then a Commercial |
| Contributor. If that Commercial Contributor then makes performance |
| claims, or offers warranties related to Product X, those performance |
| claims and warranties are such Commercial Contributor's responsibility |
| alone. Under this section, the Commercial Contributor would have to |
| defend claims against the other Contributors related to those |
| performance claims and warranties, and if a court requires any other |
| Contributor to pay any damages as a result, the Commercial Contributor |
| must pay those damages. |
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| *5. NO WARRANTY* |
| |
| EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED |
| ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, |
| EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES |
| OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR |
| A PARTICULAR PURPOSE. Each Recipient is solely responsible for |
| determining the appropriateness of using and distributing the Program |
| and assumes all risks associated with its exercise of rights under this |
| Agreement , including but not limited to the risks and costs of program |
| errors, compliance with applicable laws, damage to or loss of data, |
| programs or equipment, and unavailability or interruption of operations. |
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| *6. DISCLAIMER OF LIABILITY* |
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| EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR |
| ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, |
| INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
| WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF |
| LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
| NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR |
| DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED |
| HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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| *7. GENERAL* |
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| If any provision of this Agreement is invalid or unenforceable under |
| applicable law, it shall not affect the validity or enforceability of |
| the remainder of the terms of this Agreement, and without further action |
| by the parties hereto, such provision shall be reformed to the minimum |
| extent necessary to make such provision valid and enforceable. |
| |
| If Recipient institutes patent litigation against any entity (including |
| a cross-claim or counterclaim in a lawsuit) alleging that the Program |
| itself (excluding combinations of the Program with other software or |
| hardware) infringes such Recipient's patent(s), then such Recipient's |
| rights granted under Section 2(b) shall terminate as of the date such |
| litigation is filed. |
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| All Recipient's rights under this Agreement shall terminate if it fails |
| to comply with any of the material terms or conditions of this Agreement |
| and does not cure such failure in a reasonable period of time after |
| becoming aware of such noncompliance. If all Recipient's rights under |
| this Agreement terminate, Recipient agrees to cease use and distribution |
| of the Program as soon as reasonably practicable. However, Recipient's |
| obligations under this Agreement and any licenses granted by Recipient |
| relating to the Program shall continue and survive. |
| |
| Everyone is permitted to copy and distribute copies of this Agreement, |
| but in order to avoid inconsistency the Agreement is copyrighted and may |
| only be modified in the following manner. The Agreement Steward reserves |
| the right to publish new versions (including revisions) of this |
| Agreement from time to time. No one other than the Agreement Steward has |
| the right to modify this Agreement. The Eclipse Foundation is the |
| initial Agreement Steward. The Eclipse Foundation may assign the |
| responsibility to serve as the Agreement Steward to a suitable separate |
| entity. Each new version of the Agreement will be given a distinguishing |
| version number. The Program (including Contributions) may always be |
| distributed subject to the version of the Agreement under which it was |
| received. In addition, after a new version of the Agreement is |
| published, Contributor may elect to distribute the Program (including |
| its Contributions) under the new version. Except as expressly stated in |
| Sections 2(a) and 2(b) above, Recipient receives no rights or licenses |
| to the intellectual property of any Contributor under this Agreement, |
| whether expressly, by implication, estoppel or otherwise. All rights in |
| the Program not expressly granted under this Agreement are reserved. |
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| This Agreement is governed by the laws of the State of New York and the |
| intellectual property laws of the United States of America. No party to |
| this Agreement will bring a legal action under this Agreement more than |
| one year after the cause of action arose. Each party waives its rights |
| to a jury trial in any resulting litigation. |
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