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