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+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.