epl-v10.txt

Eclipse Public License, Version 1.0 (EPL-1.0) (plain text)

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

  "Contribution" means:
  
  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:
  
    i) changes to the Program, and
  
    ii) additions to the Program; 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.
  
  "Contributor" means any person or entity that distributes the Program.
  
  "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.
  
  "Program" means the Contributions distributed in accordance with this
  Agreement.
  
  "Recipient" means anyone who receives the Program under this Agreement,
  including all Contributors.

2. GRANT OF RIGHTS

  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.

3. REQUIREMENTS

  A Contributor may choose to distribute the Program in object code form under
  its own license agreement, provided that:
  
  a) it complies with the terms and conditions of this Agreement and
  
  b) its license agreement:
  
    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;
       
    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.
  
  When the Program is made available in source code form:
  
  a) it must be made available under this Agreement; and
  
  b) a copy of this Agreement must be included with each copy of the
     Program. Contributors may not remove or alter any copyright notices
     contained within the Program. 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.

4. COMMERCIAL DISTRIBUTION

  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.

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.

6. DISCLAIMER OF LIABILITY

  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.

7. GENERAL

  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.

  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.

  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.