183 lines
11 KiB
Text
183 lines
11 KiB
Text
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
|
|
|
|
"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
|
|
çContributions) 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.
|
|
|