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| 3 | <HTML xmlns="http://www.w3.org/1999/xhtml"><HEAD><TITLE>Eclipse Public License - Version 1.0</TITLE> |
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| 16 | <META name=GENERATOR content="MSHTML 8.00.7600.16490"></HEAD> |
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| 17 | <BODY lang=EN-US> |
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| 18 | <H2>Eclipse Public License - v 1.0</H2> |
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| 19 | <P>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC |
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| 20 | LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
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| 21 | CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.</P> |
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| 22 | <P><B>1. DEFINITIONS</B></P> |
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| 23 | <P>"Contribution" means:</P> |
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| 24 | <P class=list>a) in the case of the initial Contributor, the initial code and |
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| 25 | documentation distributed under this Agreement, and</P> |
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| 26 | <P class=list>b) in the case of each subsequent Contributor:</P> |
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| 27 | <P class=list>i) changes to the Program, and</P> |
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| 28 | <P class=list>ii) additions to the Program;</P> |
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| 29 | <P class=list>where such changes and/or additions to the Program originate from |
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| 30 | and are distributed by that particular Contributor. A Contribution 'originates' |
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| 31 | from a Contributor if it was added to the Program by such Contributor itself or |
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| 32 | anyone acting on such Contributor's behalf. Contributions do not include |
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| 33 | additions to the Program which: (i) are separate modules of software distributed |
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| 34 | in conjunction with the Program under their own license agreement, and (ii) are |
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| 35 | not derivative works of the Program.</P> |
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| 36 | <P>"Contributor" means any person or entity that distributes the Program.</P> |
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| 37 | <P>"Licensed Patents" mean patent claims licensable by a Contributor which are |
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| 38 | necessarily infringed by the use or sale of its Contribution alone or when |
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| 39 | combined with the Program.</P> |
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| 40 | <P>"Program" means the Contributions distributed in accordance with this |
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| 41 | Agreement.</P> |
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| 42 | <P>"Recipient" means anyone who receives the Program under this Agreement, |
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| 43 | including all Contributors.</P> |
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| 44 | <P><B>2. GRANT OF RIGHTS</B></P> |
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| 45 | <P class=list>a) Subject to the terms of this Agreement, each Contributor hereby |
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| 46 | grants Recipient a non-exclusive, worldwide, royalty-free copyright license to |
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| 47 | reproduce, prepare derivative works of, publicly display, publicly perform, |
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| 48 | distribute and sublicense the Contribution of such Contributor, if any, and such |
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| 49 | derivative works, in source code and object code form.</P> |
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| 50 | <P class=list>b) Subject to the terms of this Agreement, each Contributor hereby |
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| 51 | grants Recipient a non-exclusive, worldwide, royalty-free patent license under |
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| 52 | Licensed Patents to make, use, sell, offer to sell, import and otherwise |
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| 53 | transfer the Contribution of such Contributor, if any, in source code and object |
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| 54 | code form. This patent license shall apply to the combination of the |
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| 55 | Contribution and the Program if, at the time the Contribution is added by the |
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| 56 | Contributor, such addition of the Contribution causes such combination to be |
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| 57 | covered by the Licensed Patents. The patent license shall not apply to any other |
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| 58 | combinations which include the Contribution. No hardware per se is licensed |
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| 59 | hereunder.</P> |
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| 60 | <P class=list>c) Recipient understands that although each Contributor grants the |
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| 61 | licenses to its Contributions set forth herein, no assurances are provided by |
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| 62 | any Contributor that the Program does not infringe the patent or other |
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| 63 | intellectual property rights of any other entity. Each Contributor disclaims any |
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| 64 | liability to Recipient for claims brought by any other entity based on |
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| 65 | infringement of intellectual property rights or otherwise. As a condition to |
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| 66 | exercising the rights and licenses granted hereunder, each Recipient hereby |
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| 67 | assumes sole responsibility to secure any other intellectual property rights |
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| 68 | needed, if any. For example, if a third party patent license is required to |
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| 69 | allow Recipient to distribute the Program, it is Recipient's responsibility to |
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| 70 | acquire that license before distributing the Program.</P> |
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| 71 | <P class=list>d) Each Contributor represents that to its knowledge it has |
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| 72 | sufficient copyright rights in its Contribution, if any, to grant the copyright |
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| 73 | license set forth in this Agreement.</P> |
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| 74 | <P><B>3. REQUIREMENTS</B></P> |
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| 75 | <P>A Contributor may choose to distribute the Program in object code form under |
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| 76 | its own license agreement, provided that:</P> |
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| 77 | <P class=list>a) it complies with the terms and conditions of this Agreement; |
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| 78 | and</P> |
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| 79 | <P class=list>b) its license agreement:</P> |
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| 80 | <P class=list>i) effectively disclaims on behalf of all Contributors all |
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| 81 | warranties and conditions, express and implied, including warranties or |
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| 82 | conditions of title and non-infringement, and implied warranties or conditions |
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| 83 | of merchantability and fitness for a particular purpose;</P> |
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| 84 | <P class=list>ii) effectively excludes on behalf of all Contributors all |
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| 85 | liability for damages, including direct, indirect, special, incidental and |
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| 86 | consequential damages, such as lost profits;</P> |
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| 87 | <P class=list>iii) states that any provisions which differ from this Agreement |
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| 88 | are offered by that Contributor alone and not by any other party; and</P> |
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| 89 | <P class=list>iv) states that source code for the Program is available from such |
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| 90 | Contributor, and informs licensees how to obtain it in a reasonable manner on or |
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| 91 | through a medium customarily used for software exchange.</P> |
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| 92 | <P>When the Program is made available in source code form:</P> |
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| 93 | <P class=list>a) it must be made available under this Agreement; and</P> |
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| 94 | <P class=list>b) a copy of this Agreement must be included with each copy of the |
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| 95 | Program.</P> |
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| 96 | <P>Contributors may not remove or alter any copyright notices contained within |
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| 97 | the Program.</P> |
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| 98 | <P>Each Contributor must identify itself as the originator of its Contribution, |
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| 99 | if any, in a manner that reasonably allows subsequent Recipients to identify the |
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| 100 | originator of the Contribution.</P> |
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| 101 | <P><B>4. COMMERCIAL DISTRIBUTION</B></P> |
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| 102 | <P>Commercial distributors of software may accept certain responsibilities with |
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| 103 | respect to end users, business partners and the like. While this license is |
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| 104 | intended to facilitate the commercial use of the Program, the Contributor who |
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| 105 | includes the Program in a commercial product offering should do so in a manner |
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| 106 | which does not create potential liability for other Contributors. Therefore, if |
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| 107 | a Contributor includes the Program in a commercial product offering, such |
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| 108 | Contributor ("Commercial Contributor") hereby agrees to defend and indemnify |
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| 109 | every other Contributor ("Indemnified Contributor") against any losses, damages |
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| 110 | and costs (collectively "Losses") arising from claims, lawsuits and other legal |
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| 111 | actions brought by a third party against the Indemnified Contributor to the |
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| 112 | extent caused by the acts or omissions of such Commercial Contributor in |
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| 113 | connection with its distribution of the Program in a commercial product |
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| 114 | offering. The obligations in this section do not apply to any claims or Losses |
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| 115 | relating to any actual or alleged intellectual property infringement. In order |
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| 116 | to qualify, an Indemnified Contributor must: a) promptly notify the Commercial |
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| 117 | Contributor in writing of such claim, and b) allow the Commercial Contributor to |
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| 118 | control, and cooperate with the Commercial Contributor in, the defense and any |
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| 119 | related settlement negotiations. The Indemnified Contributor may participate in |
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| 120 | any such claim at its own expense.</P> |
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| 121 | <P>For example, a Contributor might include the Program in a commercial product |
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| 122 | offering, Product X. That Contributor is then a Commercial Contributor. If that |
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| 123 | Commercial Contributor then makes performance claims, or offers warranties |
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| 124 | related to Product X, those performance claims and warranties are such |
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| 125 | Commercial Contributor's responsibility alone. Under this section, the |
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| 126 | Commercial Contributor would have to defend claims against the other |
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| 127 | Contributors related to those performance claims and warranties, and if a court |
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| 128 | requires any other Contributor to pay any damages as a result, the Commercial |
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| 129 | Contributor must pay those damages.</P> |
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| 130 | <P><B>5. NO WARRANTY</B></P> |
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| 131 | <P>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON |
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| 132 | AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS |
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| 133 | OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
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| 134 | NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each |
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| 135 | Recipient is solely responsible for determining the appropriateness of using and |
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| 136 | distributing the Program and assumes all risks associated with its exercise of |
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| 137 | rights under this Agreement , including but not limited to the risks and costs |
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| 138 | of program errors, compliance with applicable laws, damage to or loss of data, |
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| 139 | programs or equipment, and unavailability or interruption of operations.</P> |
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| 140 | <P><B>6. DISCLAIMER OF LIABILITY</B></P> |
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| 141 | <P>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
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| 142 | CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
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| 143 | SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
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| 144 | PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
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| 145 | STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY |
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| 146 | OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
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| 147 | GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</P> |
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| 148 | <P><B>7. GENERAL</B></P> |
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| 149 | <P>If any provision of this Agreement is invalid or unenforceable under |
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| 150 | applicable law, it shall not affect the validity or enforceability of the |
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| 151 | remainder of the terms of this Agreement, and without further action by the |
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| 152 | parties hereto, such provision shall be reformed to the minimum extent necessary |
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| 153 | to make such provision valid and enforceable.</P> |
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| 154 | <P>If Recipient institutes patent litigation against any entity (including a |
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| 155 | cross-claim or counterclaim in a lawsuit) alleging that the Program itself |
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| 156 | (excluding combinations of the Program with other software or hardware) |
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| 157 | infringes such Recipient's patent(s), then such Recipient's rights granted under |
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| 158 | Section 2(b) shall terminate as of the date such litigation is filed.</P> |
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| 159 | <P>All Recipient's rights under this Agreement shall terminate if it fails to |
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| 160 | comply with any of the material terms or conditions of this Agreement and does |
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| 161 | not cure such failure in a reasonable period of time after becoming aware of |
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| 162 | such noncompliance. If all Recipient's rights under this Agreement terminate, |
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| 163 | Recipient agrees to cease use and distribution of the Program as soon as |
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| 164 | reasonably practicable. However, Recipient's obligations under this Agreement |
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| 165 | and any licenses granted by Recipient relating to the Program shall continue and |
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| 166 | survive.</P> |
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| 167 | <P>Everyone is permitted to copy and distribute copies of this Agreement, but in |
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| 168 | order to avoid inconsistency the Agreement is copyrighted and may only be |
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| 169 | modified in the following manner. The Agreement Steward reserves the right to |
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| 170 | publish new versions (including revisions) of this Agreement from time to time. |
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| 171 | No one other than the Agreement Steward has the right to modify this Agreement. |
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| 172 | The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation |
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| 173 | may assign the responsibility to serve as the Agreement Steward to a suitable |
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| 174 | separate entity. Each new version of the Agreement will be given a |
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| 175 | distinguishing version number. The Program (including Contributions) may always |
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| 176 | be distributed subject to the version of the Agreement under which it was |
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| 177 | received. In addition, after a new version of the Agreement is published, |
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| 178 | Contributor may elect to distribute the Program (including its Contributions) |
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| 179 | under the new version. Except as expressly stated in Sections 2(a) and 2(b) |
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| 180 | above, Recipient receives no rights or licenses to the intellectual property of |
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| 181 | any Contributor under this Agreement, whether expressly, by implication, |
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| 182 | estoppel or otherwise. All rights in the Program not expressly granted under |
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| 183 | this Agreement are reserved.</P> |
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| 184 | <P>This Agreement is governed by the laws of the State of New York and the |
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| 185 | intellectual property laws of the United States of America. No party to this |
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| 186 | Agreement will bring a legal action under this Agreement more than one year |
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| 187 | after the cause of action arose. Each party waives its rights to a jury trial in |
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| 188 | any resulting litigation.</P></BODY></HTML> |
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