aboutsummaryrefslogtreecommitdiffstats
path: root/LICENSE
blob: 94636f28aa8e3c8a3a3033faa1c176c8e76a39f1 (plain)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
Per: https://www.eclipse.org/legal/epl-v10.html

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.