karlsun
4 years ago
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Eclipse Public License - v 1.0 |
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC |
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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
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CONSTITUTES RECIPIENT’S ACCEPTANCE OF THIS AGREEMENT. |
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|
||||
1. DEFINITIONS |
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|
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"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: |
||||
|
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i) changes to the Program, and |
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|
||||
ii) additions to the Program; |
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|
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where such changes and/or additions to the Program originate from and are |
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distributed by that particular Contributor. A Contribution 'originates' from |
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a Contributor if it was added to the Program by such Contributor itself or |
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anyone acting on such Contributor’s behalf. Contributions do not include |
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additionsto the Program which: (i) are separate modules of software distributed |
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in conjunction with the Program under their own license agreement, and (ii) are |
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not derivative works of the Program. |
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|
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"Contributor" means any person or entity that distributes the Program. |
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|
||||
"Licensed Patents " mean patent claims licensable by a Contributor which are |
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necessarily infringed by the use or sale of its Contribution alone or when |
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combined with the Program. |
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|
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"Program" means the Contributions distributed in accordance with this Agreement. |
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"Recipient" means anyone who receives the Program under this Agreement, |
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including all Contributors. |
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2. GRANT OF RIGHTS |
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a) Subject to the terms of this Agreement, each Contributor hereby grants |
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Recipient a non-exclusive, worldwide, royalty-free copyright license to |
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reproduce, prepare derivative works of, publicly display, publicly perform, |
||||
distribute and sublicense the Contribution of such Contributor, if any, and such |
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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 |
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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. |
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|
||||
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. |
||||
|
||||
Loading…
Reference in new issue