LICENSE

   1 Eclipse Public License - v 1.0
   2
   3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
   4 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
   5 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
   6
   7 1. DEFINITIONS
   8
   9 "Contribution" means:
  10
  11 a) in the case of the initial Contributor, the initial code and documentation
  12    distributed under this Agreement, and
  13 b) in the case of each subsequent Contributor:
  14     i) changes to the Program, and
  15    ii) additions to the Program;
  16
  17    where such changes and/or additions to the Program originate from and are
  18    distributed by that particular Contributor. A Contribution 'originates'
  19    from a Contributor if it was added to the Program by such Contributor
  20    itself or anyone acting on such Contributor's behalf. Contributions do not
  21    include additions to the Program which: (i) are separate modules of
  22    software distributed in conjunction with the Program under their own
  23    license agreement, and (ii) are not derivative works of the Program.
  24
  25 "Contributor" means any person or entity that distributes the Program.
  26
  27 "Licensed Patents" mean patent claims licensable by a Contributor which are
  28 necessarily infringed by the use or sale of its Contribution alone or when
  29 combined with the Program.
  30
  31 "Program" means the Contributions distributed in accordance with this
  32 Agreement.
  33
  34 "Recipient" means anyone who receives the Program under this Agreement,
  35 including all Contributors.
  36
  37 2. GRANT OF RIGHTS
  38   a) Subject to the terms of this Agreement, each Contributor hereby grants
  39      Recipient a non-exclusive, worldwide, royalty-free copyright license to
  40      reproduce, prepare derivative works of, publicly display, publicly
  41      perform, distribute and sublicense the Contribution of such Contributor,
  42      if any, and such derivative works, in source code and object code form.
  43   b) Subject to the terms of this Agreement, each Contributor hereby grants
  44      Recipient a non-exclusive, worldwide, royalty-free patent license under
  45      Licensed Patents to make, use, sell, offer to sell, import and otherwise
  46      transfer the Contribution of such Contributor, if any, in source code and
  47      object code form. This patent license shall apply to the combination of
  48      the Contribution and the Program if, at the time the Contribution is
  49      added by the Contributor, such addition of the Contribution causes such
  50      combination to be covered by the Licensed Patents. The patent license
  51      shall not apply to any other combinations which include the Contribution.
  52      No hardware per se is licensed hereunder.
  53   c) Recipient understands that although each Contributor grants the licenses
  54      to its Contributions set forth herein, no assurances are provided by any
  55      Contributor that the Program does not infringe the patent or other
  56      intellectual property rights of any other entity. Each Contributor
  57      disclaims any liability to Recipient for claims brought by any other
  58      entity based on infringement of intellectual property rights or
  59      otherwise. As a condition to exercising the rights and licenses granted
  60      hereunder, each Recipient hereby assumes sole responsibility to secure
  61      any other intellectual property rights needed, if any. For example, if a
  62      third party patent license is required to allow Recipient to distribute
  63      the Program, it is Recipient's responsibility to acquire that license
  64      before distributing the Program.
  65   d) Each Contributor represents that to its knowledge it has sufficient
  66      copyright rights in its Contribution, if any, to grant the copyright
  67      license set forth in this Agreement.
  68
  69 3. REQUIREMENTS
  70
  71 A Contributor may choose to distribute the Program in object code form under
  72 its own license agreement, provided that:
  73
  74   a) it complies with the terms and conditions of this Agreement; and
  75   b) its license agreement:
  76       i) effectively disclaims on behalf of all Contributors all warranties
  77          and conditions, express and implied, including warranties or
  78          conditions of title and non-infringement, and implied warranties or
  79          conditions of merchantability and fitness for a particular purpose;
  80      ii) effectively excludes on behalf of all Contributors all liability for
  81          damages, including direct, indirect, special, incidental and
  82          consequential damages, such as lost profits;
  83     iii) states that any provisions which differ from this Agreement are
  84          offered by that Contributor alone and not by any other party; and
  85      iv) states that source code for the Program is available from such
  86          Contributor, and informs licensees how to obtain it in a reasonable
  87          manner on or through a medium customarily used for software exchange.
  88
  89 When the Program is made available in source code form:
  90
  91   a) it must be made available under this Agreement; and
  92   b) a copy of this Agreement must be included with each copy of the Program.
  93      Contributors may not remove or alter any copyright notices contained
  94      within the Program.
  95
  96 Each Contributor must identify itself as the originator of its Contribution,
  97 if
  98 any, in a manner that reasonably allows subsequent Recipients to identify the
  99 originator of the Contribution.
 100
 101 4. COMMERCIAL DISTRIBUTION
 102
 103 Commercial distributors of software may accept certain responsibilities with
 104 respect to end users, business partners and the like. While this license is
 105 intended to facilitate the commercial use of the Program, the Contributor who
 106 includes the Program in a commercial product offering should do so in a manner
 107 which does not create potential liability for other Contributors. Therefore,
 108 if a Contributor includes the Program in a commercial product offering, such
 109 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
 110 every other Contributor ("Indemnified Contributor") against any losses,
 111 damages and costs (collectively "Losses") arising from claims, lawsuits and
 112 other legal actions brought by a third party against the Indemnified
 113 Contributor to the extent caused by the acts or omissions of such Commercial
 114 Contributor in connection with its distribution of the Program in a commercial
 115 product offering. The obligations in this section do not apply to any claims
 116 or Losses relating to any actual or alleged intellectual property
 117 infringement. In order to qualify, an Indemnified Contributor must:
 118 a) promptly notify the Commercial Contributor in writing of such claim, and
 119 b) allow the Commercial Contributor to control, and cooperate with the
 120 Commercial Contributor in, the defense and any related settlement
 121 negotiations. The Indemnified Contributor may participate in any such claim at
 122 its own expense.
 123
 124 For example, a Contributor might include the Program in a commercial product
 125 offering, Product X. That Contributor is then a Commercial Contributor. If
 126 that Commercial Contributor then makes performance claims, or offers
 127 warranties related to Product X, those performance claims and warranties are
 128 such Commercial Contributor's responsibility alone. Under this section, the
 129 Commercial Contributor would have to defend claims against the other
 130 Contributors related to those performance claims and warranties, and if a
 131 court requires any other Contributor to pay any damages as a result, the
 132 Commercial Contributor must pay those damages.
 133
 134 5. NO WARRANTY
 135
 136 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
 137 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
 138 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
 139 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
 140 Recipient is solely responsible for determining the appropriateness of using
 141 and distributing the Program and assumes all risks associated with its
 142 exercise of rights under this Agreement , including but not limited to the
 143 risks and costs of program errors, compliance with applicable laws, damage to
 144 or loss of data, programs or equipment, and unavailability or interruption of
 145 operations.
 146
 147 6. DISCLAIMER OF LIABILITY
 148
 149 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
 150 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
 151 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
 152 LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
 153 CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
 154 ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
 155 EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
 156 OF SUCH DAMAGES.
 157
 158 7. GENERAL
 159
 160 If any provision of this Agreement is invalid or unenforceable under
 161 applicable law, it shall not affect the validity or enforceability of the
 162 remainder of the terms of this Agreement, and without further action by the
 163 parties hereto, such provision shall be reformed to the minimum extent
 164 necessary to make such provision valid and enforceable.
 165
 166 If Recipient institutes patent litigation against any entity (including a
 167 cross-claim or counterclaim in a lawsuit) alleging that the Program itself
 168 (excluding combinations of the Program with other software or hardware)
 169 infringes such Recipient's patent(s), then such Recipient's rights granted
 170 under Section 2(b) shall terminate as of the date such litigation is filed.
 171
 172 All Recipient's rights under this Agreement shall terminate if it fails to
 173 comply with any of the material terms or conditions of this Agreement and does
 174 not cure such failure in a reasonable period of time after becoming aware of
 175 such noncompliance. If all Recipient's rights under this Agreement terminate,
 176 Recipient agrees to cease use and distribution of the Program as soon as
 177 reasonably practicable. However, Recipient's obligations under this Agreement
 178 and any licenses granted by Recipient relating to the Program shall continue
 179 and survive.
 180
 181 Everyone is permitted to copy and distribute copies of this Agreement, but in
 182 order to avoid inconsistency the Agreement is copyrighted and may only be
 183 modified in the following manner. The Agreement Steward reserves the right to
 184 publish new versions (including revisions) of this Agreement from time to
 185 time. No one other than the Agreement Steward has the right to modify this
 186 Agreement. The Eclipse Foundation is the initial Agreement Steward. The
 187 Eclipse Foundation may assign the responsibility to serve as the Agreement
 188 Steward to a suitable separate entity. Each new version of the Agreement will
 189 be given a distinguishing version number. The Program (including
 190 Contributions) may always be distributed subject to the version of the
 191 Agreement under which it was received. In addition, after a new version of the
 192 Agreement is published, Contributor may elect to distribute the Program
 193 (including its Contributions) under the new version. Except as expressly
 194 stated in Sections 2(a) and 2(b) above, Recipient receives no rights or
 195 licenses to the intellectual property of any Contributor under this Agreement,
 196 whether expressly, by implication, estoppel or otherwise. All rights in the
 197 Program not expressly granted under this Agreement are reserved.
 198
 199 This Agreement is governed by the laws of the State of New York and the
 200 intellectual property laws of the United States of America. No party to this
 201 Agreement will bring a legal action under this Agreement more than one year
 202 after the cause of action arose. Each party waives its rights to a jury trial in
 203 any resulting litigation.