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27+
28+ < h2 > Eclipse Public License - v 1.0</ h2 >
29+
30+ < p > THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
31+ PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
32+ DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
33+ AGREEMENT.</ p >
34+
35+ < p > < b > 1. DEFINITIONS</ b > </ p >
36+
37+ < p > "Contribution" means:</ p >
38+
39+ < p class ="list "> a) in the case of the initial Contributor, the initial
40+ code and documentation distributed under this Agreement, and</ p >
41+ < p class ="list "> b) in the case of each subsequent Contributor:</ p >
42+ < p class ="list "> i) changes to the Program, and</ p >
43+ < p class ="list "> ii) additions to the Program;</ p >
44+ < p class ="list "> where such changes and/or additions to the Program
45+ originate from and are distributed by that particular Contributor. A
46+ Contribution 'originates' from a Contributor if it was added to the
47+ Program by such Contributor itself or anyone acting on such
48+ Contributor's behalf. Contributions do not include additions to the
49+ Program which: (i) are separate modules of software distributed in
50+ conjunction with the Program under their own license agreement, and (ii)
51+ are not derivative works of the Program.</ p >
52+
53+ < p > "Contributor" means any person or entity that distributes
54+ the Program.</ p >
55+
56+ < p > "Licensed Patents" mean patent claims licensable by a
57+ Contributor which are necessarily infringed by the use or sale of its
58+ Contribution alone or when combined with the Program.</ p >
59+
60+ < p > "Program" means the Contributions distributed in accordance
61+ with this Agreement.</ p >
62+
63+ < p > "Recipient" means anyone who receives the Program under
64+ this Agreement, including all Contributors.</ p >
65+
66+ < p > < b > 2. GRANT OF RIGHTS</ b > </ p >
67+
68+ < p class ="list "> a) Subject to the terms of this Agreement, each
69+ Contributor hereby grants Recipient a non-exclusive, worldwide,
70+ royalty-free copyright license to reproduce, prepare derivative works
71+ of, publicly display, publicly perform, distribute and sublicense the
72+ Contribution of such Contributor, if any, and such derivative works, in
73+ source code and object code form.</ p >
74+
75+ < p class ="list "> b) Subject to the terms of this Agreement, each
76+ Contributor hereby grants Recipient a non-exclusive, worldwide,
77+ royalty-free patent license under Licensed Patents to make, use, sell,
78+ offer to sell, import and otherwise transfer the Contribution of such
79+ Contributor, if any, in source code and object code form. This patent
80+ license shall apply to the combination of the Contribution and the
81+ Program if, at the time the Contribution is added by the Contributor,
82+ such addition of the Contribution causes such combination to be covered
83+ by the Licensed Patents. The patent license shall not apply to any other
84+ combinations which include the Contribution. No hardware per se is
85+ licensed hereunder.</ p >
86+
87+ < p class ="list "> c) Recipient understands that although each Contributor
88+ grants the licenses to its Contributions set forth herein, no assurances
89+ are provided by any Contributor that the Program does not infringe the
90+ patent or other intellectual property rights of any other entity. Each
91+ Contributor disclaims any liability to Recipient for claims brought by
92+ any other entity based on infringement of intellectual property rights
93+ or otherwise. As a condition to exercising the rights and licenses
94+ granted hereunder, each Recipient hereby assumes sole responsibility to
95+ secure any other intellectual property rights needed, if any. For
96+ example, if a third party patent license is required to allow Recipient
97+ to distribute the Program, it is Recipient's responsibility to acquire
98+ that license before distributing the Program.</ p >
99+
100+ < p class ="list "> d) Each Contributor represents that to its knowledge it
101+ has sufficient copyright rights in its Contribution, if any, to grant
102+ the copyright license set forth in this Agreement.</ p >
103+
104+ < p > < b > 3. REQUIREMENTS</ b > </ p >
105+
106+ < p > A Contributor may choose to distribute the Program in object code
107+ form under its own license agreement, provided that:</ p >
108+
109+ < p class ="list "> a) it complies with the terms and conditions of this
110+ Agreement; and</ p >
111+
112+ < p class ="list "> b) its license agreement:</ p >
113+
114+ < p class ="list "> i) effectively disclaims on behalf of all Contributors
115+ all warranties and conditions, express and implied, including warranties
116+ or conditions of title and non-infringement, and implied warranties or
117+ conditions of merchantability and fitness for a particular purpose;</ p >
118+
119+ < p class ="list "> ii) effectively excludes on behalf of all Contributors
120+ all liability for damages, including direct, indirect, special,
121+ incidental and consequential damages, such as lost profits;</ p >
122+
123+ < p class ="list "> iii) states that any provisions which differ from this
124+ Agreement are offered by that Contributor alone and not by any other
125+ party; and</ p >
126+
127+ < p class ="list "> iv) states that source code for the Program is available
128+ from such Contributor, and informs licensees how to obtain it in a
129+ reasonable manner on or through a medium customarily used for software
130+ exchange.</ p >
131+
132+ < p > When the Program is made available in source code form:</ p >
133+
134+ < p class ="list "> a) it must be made available under this Agreement; and</ p >
135+
136+ < p class ="list "> b) a copy of this Agreement must be included with each
137+ copy of the Program.</ p >
138+
139+ < p > Contributors may not remove or alter any copyright notices contained
140+ within the Program.</ p >
141+
142+ < p > Each Contributor must identify itself as the originator of its
143+ Contribution, if any, in a manner that reasonably allows subsequent
144+ Recipients to identify the originator of the Contribution.</ p >
145+
146+ < p > < b > 4. COMMERCIAL DISTRIBUTION</ b > </ p >
147+
148+ < p > Commercial distributors of software may accept certain
149+ responsibilities with respect to end users, business partners and the
150+ like. While this license is intended to facilitate the commercial use of
151+ the Program, the Contributor who includes the Program in a commercial
152+ product offering should do so in a manner which does not create
153+ potential liability for other Contributors. Therefore, if a Contributor
154+ includes the Program in a commercial product offering, such Contributor
155+ ("Commercial Contributor") hereby agrees to defend and
156+ indemnify every other Contributor ("Indemnified Contributor")
157+ against any losses, damages and costs (collectively "Losses")
158+ arising from claims, lawsuits and other legal actions brought by a third
159+ party against the Indemnified Contributor to the extent caused by the
160+ acts or omissions of such Commercial Contributor in connection with its
161+ distribution of the Program in a commercial product offering. The
162+ obligations in this section do not apply to any claims or Losses
163+ relating to any actual or alleged intellectual property infringement. In
164+ order to qualify, an Indemnified Contributor must: a) promptly notify
165+ the Commercial Contributor in writing of such claim, and b) allow the
166+ Commercial Contributor to control, and cooperate with the Commercial
167+ Contributor in, the defense and any related settlement negotiations. The
168+ Indemnified Contributor may participate in any such claim at its own
169+ expense.</ p >
170+
171+ < p > For example, a Contributor might include the Program in a commercial
172+ product offering, Product X. That Contributor is then a Commercial
173+ Contributor. If that Commercial Contributor then makes performance
174+ claims, or offers warranties related to Product X, those performance
175+ claims and warranties are such Commercial Contributor's responsibility
176+ alone. Under this section, the Commercial Contributor would have to
177+ defend claims against the other Contributors related to those
178+ performance claims and warranties, and if a court requires any other
179+ Contributor to pay any damages as a result, the Commercial Contributor
180+ must pay those damages.</ p >
181+
182+ < p > < b > 5. NO WARRANTY</ b > </ p >
183+
184+ < p > EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
185+ PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
186+ OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
187+ ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
188+ OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
189+ responsible for determining the appropriateness of using and
190+ distributing the Program and assumes all risks associated with its
191+ exercise of rights under this Agreement , including but not limited to
192+ the risks and costs of program errors, compliance with applicable laws,
193+ damage to or loss of data, programs or equipment, and unavailability or
194+ interruption of operations.</ p >
195+
196+ < p > < b > 6. DISCLAIMER OF LIABILITY</ b > </ p >
197+
198+ < p > EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
199+ NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
200+ INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
201+ WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
202+ LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
203+ NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
204+ DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
205+ HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</ p >
206+
207+ < p > < b > 7. GENERAL</ b > </ p >
208+
209+ < p > If any provision of this Agreement is invalid or unenforceable under
210+ applicable law, it shall not affect the validity or enforceability of
211+ the remainder of the terms of this Agreement, and without further action
212+ by the parties hereto, such provision shall be reformed to the minimum
213+ extent necessary to make such provision valid and enforceable.</ p >
214+
215+ < p > If Recipient institutes patent litigation against any entity
216+ (including a cross-claim or counterclaim in a lawsuit) alleging that the
217+ Program itself (excluding combinations of the Program with other
218+ software or hardware) infringes such Recipient's patent(s), then such
219+ Recipient's rights granted under Section 2(b) shall terminate as of the
220+ date such litigation is filed.</ p >
221+
222+ < p > All Recipient's rights under this Agreement shall terminate if it
223+ fails to comply with any of the material terms or conditions of this
224+ Agreement and does not cure such failure in a reasonable period of time
225+ after becoming aware of such noncompliance. If all Recipient's rights
226+ under this Agreement terminate, Recipient agrees to cease use and
227+ distribution of the Program as soon as reasonably practicable. However,
228+ Recipient's obligations under this Agreement and any licenses granted by
229+ Recipient relating to the Program shall continue and survive.</ p >
230+
231+ < p > Everyone is permitted to copy and distribute copies of this
232+ Agreement, but in order to avoid inconsistency the Agreement is
233+ copyrighted and may only be modified in the following manner. The
234+ Agreement Steward reserves the right to publish new versions (including
235+ revisions) of this Agreement from time to time. No one other than the
236+ Agreement Steward has the right to modify this Agreement. The Eclipse
237+ Foundation is the initial Agreement Steward. The Eclipse Foundation may
238+ assign the responsibility to serve as the Agreement Steward to a
239+ suitable separate entity. Each new version of the Agreement will be
240+ given a distinguishing version number. The Program (including
241+ Contributions) may always be distributed subject to the version of the
242+ Agreement under which it was received. In addition, after a new version
243+ of the Agreement is published, Contributor may elect to distribute the
244+ Program (including its Contributions) under the new version. Except as
245+ expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
246+ rights or licenses to the intellectual property of any Contributor under
247+ this Agreement, whether expressly, by implication, estoppel or
248+ otherwise. All rights in the Program not expressly granted under this
249+ Agreement are reserved.</ p >
250+
251+ < p > This Agreement is governed by the laws of the State of New York and
252+ the intellectual property laws of the United States of America. No party
253+ to this Agreement will bring a legal action under this Agreement more
254+ than one year after the cause of action arose. Each party waives its
255+ rights to a jury trial in any resulting litigation.</ p >
256+
257+
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