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 29
 30<p align=center><b>Eclipse Public License - v 1.0</b></p>
 31
 32<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
 33PUBLIC LICENSE (&quot;AGREEMENT&quot;). ANY USE, REPRODUCTION OR
 34DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
 35AGREEMENT.</p>
 36
 37<p><b>1. DEFINITIONS</b></p>
 38
 39<p>&quot;Contribution&quot; means:</p>
 40
 41<p class="list">a) in the case of the initial Contributor, the initial
 42code and documentation distributed under this Agreement, and</p>
 43<p class="list">b) in the case of each subsequent Contributor:</p>
 44<p class="list">i) changes to the Program, and</p>
 45<p class="list">ii) additions to the Program;</p>
 46<p class="list">where such changes and/or additions to the Program
 47originate from and are distributed by that particular Contributor. A
 48Contribution 'originates' from a Contributor if it was added to the
 49Program by such Contributor itself or anyone acting on such
 50Contributor's behalf. Contributions do not include additions to the
 51Program which: (i) are separate modules of software distributed in
 52conjunction with the Program under their own license agreement, and (ii)
 53are not derivative works of the Program.</p>
 54
 55<p>&quot;Contributor&quot; means any person or entity that distributes
 56the Program.</p>
 57
 58<p>&quot;Licensed Patents&quot; mean patent claims licensable by a
 59Contributor which are necessarily infringed by the use or sale of its
 60Contribution alone or when combined with the Program.</p>
 61
 62<p>&quot;Program&quot; means the Contributions distributed in accordance
 63with this Agreement.</p>
 64
 65<p>&quot;Recipient&quot; means anyone who receives the Program under
 66this Agreement, including all Contributors.</p>
 67
 68<p><b>2. GRANT OF RIGHTS</b></p>
 69
 70<p class="list">a) Subject to the terms of this Agreement, each
 71Contributor hereby grants Recipient a non-exclusive, worldwide,
 72royalty-free copyright license to reproduce, prepare derivative works
 73of, publicly display, publicly perform, distribute and sublicense the
 74Contribution of such Contributor, if any, and such derivative works, in
 75source code and object code form.</p>
 76
 77<p class="list">b) Subject to the terms of this Agreement, each
 78Contributor hereby grants Recipient a non-exclusive, worldwide,
 79royalty-free patent license under Licensed Patents to make, use, sell,
 80offer to sell, import and otherwise transfer the Contribution of such
 81Contributor, if any, in source code and object code form. This patent
 82license shall apply to the combination of the Contribution and the
 83Program if, at the time the Contribution is added by the Contributor,
 84such addition of the Contribution causes such combination to be covered
 85by the Licensed Patents. The patent license shall not apply to any other
 86combinations which include the Contribution. No hardware per se is
 87licensed hereunder.</p>
 88
 89<p class="list">c) Recipient understands that although each Contributor
 90grants the licenses to its Contributions set forth herein, no assurances
 91are provided by any Contributor that the Program does not infringe the
 92patent or other intellectual property rights of any other entity. Each
 93Contributor disclaims any liability to Recipient for claims brought by
 94any other entity based on infringement of intellectual property rights
 95or otherwise. As a condition to exercising the rights and licenses
 96granted hereunder, each Recipient hereby assumes sole responsibility to
 97secure any other intellectual property rights needed, if any. For
 98example, if a third party patent license is required to allow Recipient
 99to distribute the Program, it is Recipient's responsibility to acquire
100that license before distributing the Program.</p>
101
102<p class="list">d) Each Contributor represents that to its knowledge it
103has sufficient copyright rights in its Contribution, if any, to grant
104the copyright license set forth in this Agreement.</p>
105
106<p><b>3. REQUIREMENTS</b></p>
107
108<p>A Contributor may choose to distribute the Program in object code
109form under its own license agreement, provided that:</p>
110
111<p class="list">a) it complies with the terms and conditions of this
112Agreement; and</p>
113
114<p class="list">b) its license agreement:</p>
115
116<p class="list">i) effectively disclaims on behalf of all Contributors
117all warranties and conditions, express and implied, including warranties
118or conditions of title and non-infringement, and implied warranties or
119conditions of merchantability and fitness for a particular purpose;</p>
120
121<p class="list">ii) effectively excludes on behalf of all Contributors
122all liability for damages, including direct, indirect, special,
123incidental and consequential damages, such as lost profits;</p>
124
125<p class="list">iii) states that any provisions which differ from this
126Agreement are offered by that Contributor alone and not by any other
127party; and</p>
128
129<p class="list">iv) states that source code for the Program is available
130from such Contributor, and informs licensees how to obtain it in a
131reasonable manner on or through a medium customarily used for software
132exchange.</p>
133
134<p>When the Program is made available in source code form:</p>
135
136<p class="list">a) it must be made available under this Agreement; and</p>
137
138<p class="list">b) a copy of this Agreement must be included with each
139copy of the Program.</p>
140
141<p>Contributors may not remove or alter any copyright notices contained
142within the Program.</p>
143
144<p>Each Contributor must identify itself as the originator of its
145Contribution, if any, in a manner that reasonably allows subsequent
146Recipients to identify the originator of the Contribution.</p>
147
148<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
149
150<p>Commercial distributors of software may accept certain
151responsibilities with respect to end users, business partners and the
152like. While this license is intended to facilitate the commercial use of
153the Program, the Contributor who includes the Program in a commercial
154product offering should do so in a manner which does not create
155potential liability for other Contributors. Therefore, if a Contributor
156includes the Program in a commercial product offering, such Contributor
157(&quot;Commercial Contributor&quot;) hereby agrees to defend and
158indemnify every other Contributor (&quot;Indemnified Contributor&quot;)
159against any losses, damages and costs (collectively &quot;Losses&quot;)
160arising from claims, lawsuits and other legal actions brought by a third
161party against the Indemnified Contributor to the extent caused by the
162acts or omissions of such Commercial Contributor in connection with its
163distribution of the Program in a commercial product offering. The
164obligations in this section do not apply to any claims or Losses
165relating to any actual or alleged intellectual property infringement. In
166order to qualify, an Indemnified Contributor must: a) promptly notify
167the Commercial Contributor in writing of such claim, and b) allow the
168Commercial Contributor to control, and cooperate with the Commercial
169Contributor in, the defense and any related settlement negotiations. The
170Indemnified Contributor may participate in any such claim at its own
171expense.</p>
172
173<p>For example, a Contributor might include the Program in a commercial
174product offering, Product X. That Contributor is then a Commercial
175Contributor. If that Commercial Contributor then makes performance
176claims, or offers warranties related to Product X, those performance
177claims and warranties are such Commercial Contributor's responsibility
178alone. Under this section, the Commercial Contributor would have to
179defend claims against the other Contributors related to those
180performance claims and warranties, and if a court requires any other
181Contributor to pay any damages as a result, the Commercial Contributor
182must pay those damages.</p>
183
184<p><b>5. NO WARRANTY</b></p>
185
186<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
187PROVIDED ON AN &quot;AS IS&quot; BASIS, WITHOUT WARRANTIES OR CONDITIONS
188OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
189ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
190OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
191responsible for determining the appropriateness of using and
192distributing the Program and assumes all risks associated with its
193exercise of rights under this Agreement , including but not limited to
194the risks and costs of program errors, compliance with applicable laws,
195damage to or loss of data, programs or equipment, and unavailability or
196interruption of operations.</p>
197
198<p><b>6. DISCLAIMER OF LIABILITY</b></p>
199
200<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
201NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
202INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
203WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
204LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
205NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
206DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
207HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
208
209<p><b>7. GENERAL</b></p>
210
211<p>If any provision of this Agreement is invalid or unenforceable under
212applicable law, it shall not affect the validity or enforceability of
213the remainder of the terms of this Agreement, and without further action
214by the parties hereto, such provision shall be reformed to the minimum
215extent necessary to make such provision valid and enforceable.</p>
216
217<p>If Recipient institutes patent litigation against any entity
218(including a cross-claim or counterclaim in a lawsuit) alleging that the
219Program itself (excluding combinations of the Program with other
220software or hardware) infringes such Recipient's patent(s), then such
221Recipient's rights granted under Section 2(b) shall terminate as of the
222date such litigation is filed.</p>
223
224<p>All Recipient's rights under this Agreement shall terminate if it
225fails to comply with any of the material terms or conditions of this
226Agreement and does not cure such failure in a reasonable period of time
227after becoming aware of such noncompliance. If all Recipient's rights
228under this Agreement terminate, Recipient agrees to cease use and
229distribution of the Program as soon as reasonably practicable. However,
230Recipient's obligations under this Agreement and any licenses granted by
231Recipient relating to the Program shall continue and survive.</p>
232
233<p>Everyone is permitted to copy and distribute copies of this
234Agreement, but in order to avoid inconsistency the Agreement is
235copyrighted and may only be modified in the following manner. The
236Agreement Steward reserves the right to publish new versions (including
237revisions) of this Agreement from time to time. No one other than the
238Agreement Steward has the right to modify this Agreement. The Eclipse
239Foundation is the initial Agreement Steward. The Eclipse Foundation may
240assign the responsibility to serve as the Agreement Steward to a
241suitable separate entity. Each new version of the Agreement will be
242given a distinguishing version number. The Program (including
243Contributions) may always be distributed subject to the version of the
244Agreement under which it was received. In addition, after a new version
245of the Agreement is published, Contributor may elect to distribute the
246Program (including its Contributions) under the new version. Except as
247expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
248rights or licenses to the intellectual property of any Contributor under
249this Agreement, whether expressly, by implication, estoppel or
250otherwise. All rights in the Program not expressly granted under this
251Agreement are reserved.</p>
252
253<p>This Agreement is governed by the laws of the State of New York and
254the intellectual property laws of the United States of America. No party
255to this Agreement will bring a legal action under this Agreement more
256than one year after the cause of action arose. Each party waives its
257rights to a jury trial in any resulting litigation.</p>
258
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