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@@ -0,0 +1,232 @@ +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 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. + |