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Eclipse Public License - v 1.0 | ||
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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. | ||
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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: | ||
i) changes to the Program, and | ||
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. | ||
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"Recipient" means anyone who receives the Program under this Agreement, | ||
including all Contributors. | ||
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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. | ||
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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 | ||
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. | ||
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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 | ||
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. | ||
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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. | ||
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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 | ||
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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. | ||
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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. | ||
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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. |