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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.
- 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 tocontrol, 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.
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