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    1 Eclipse Public License, Version 1.0 (EPL-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
   12        documentation distributed under this Agreement, and
   13 
   14     b) in the case of each subsequent Contributor:
   15         i) changes to the Program, and
   16         ii) additions to the Program;
   17 
   18 where such changes and/or additions to the Program originate from and are
   19 distributed by that particular Contributor. A Contribution 'originates'
   20 from a Contributor if it was added to the Program by such Contributor itself
   21 or anyone acting on such Contributor's behalf. Contributions do not include
   22 additions to the Program which: (i) are separate modules of software
   23 distributed in conjunction with the Program under their own license agreement,
   24 and (ii) are not derivative works of the Program.
   25 
   26 "Contributor" means any person or entity that distributes the Program.
   27 
   28 "Licensed Patents " mean patent claims licensable by a Contributor which are
   29 necessarily infringed by the use or sale of its Contribution alone or
   30 when combined with the Program.
   31 
   32 "Program" means the Contributions distributed in accordance with
   33 this Agreement.
   34 
   35 "Recipient" means anyone who receives the Program under this Agreement,
   36 including all Contributors.
   37 
   38 2. GRANT OF RIGHTS
   39 
   40     a) Subject to the terms of this Agreement, each Contributor hereby grants
   41        Recipient a non-exclusive, worldwide, royalty-free copyright license to
   42        reproduce, prepare derivative works of, publicly display, publicly
   43        perform, distribute and sublicense the Contribution of such
   44        Contributor, if any, and such derivative works,
   45        in source code and object code form.
   46 
   47     b) Subject to the terms of this Agreement, each Contributor hereby grants
   48        Recipient a non-exclusive, worldwide, royalty-free patent license under
   49        Licensed Patents to make, use, sell, offer to sell, import and
   50        otherwise transfer the Contribution of such Contributor, if any,
   51        in source code and object code form. This patent license shall apply
   52        to the combination of the Contribution and the Program if, at the time
   53        the Contribution is added by the Contributor, such addition of the
   54        Contribution causes such combination to be covered by the
   55        Licensed Patents. The patent license shall not apply to any other
   56        combinations which include the Contribution.
   57        No hardware per se is licensed hereunder.
   58 
   59     c) Recipient understands that although each Contributor grants the
   60        licenses to its Contributions set forth herein, no assurances are
   61        provided by any Contributor that the Program does not infringe the
   62        patent or other intellectual property rights of any other entity.
   63        Each Contributor disclaims any liability to Recipient for claims
   64        brought by any other entity based on infringement of intellectual
   65        property rights or otherwise. As a condition to exercising the
   66        rights and licenses granted hereunder, each Recipient hereby assumes
   67        sole responsibility to secure any other intellectual property rights
   68        needed, if any. For example, if a third party patent license is
   69        required to allow Recipient to distribute the Program, it is
   70        Recipient's responsibility to acquire that license
   71        before distributing the Program.
   72 
   73     d) Each Contributor represents that to its knowledge it has sufficient
   74        copyright rights in its Contribution, if any, to grant the copyright
   75        license set forth in this Agreement.
   76 
   77 3. REQUIREMENTS
   78 
   79 A Contributor may choose to distribute the Program in object code form under
   80 its own license agreement, provided that:
   81 
   82     a) it complies with the terms and conditions of this Agreement; and
   83 
   84     b) its license agreement:
   85 
   86         i) effectively disclaims on behalf of all Contributors all warranties
   87         and conditions, express and implied, including warranties or
   88         conditions of title and non-infringement, and implied warranties or
   89         conditions of merchantability and fitness for a particular purpose;
   90 
   91         ii) effectively excludes on behalf of all Contributors all liability
   92         for damages, including direct, indirect, special, incidental and
   93         consequential damages, such as lost profits;
   94 
   95         iii) states that any provisions which differ from this Agreement are
   96         offered by that Contributor alone and not by any other party; and
   97 
   98         iv) states that source code for the Program is available from such
   99         Contributor, and informs licensees how to obtain it in a reasonable
  100         manner on or through a medium customarily used for software exchange.
  101 
  102 When the Program is made available in source code form:
  103 
  104     a) it must be made available under this Agreement; and
  105     b) a copy of this Agreement must be included with each copy of the Program.
  106 
  107 Contributors may not remove or alter any copyright notices contained
  108 within the Program.
  109 
  110 Each Contributor must identify itself as the originator of its Contribution,
  111 if any, in a manner that reasonably allows subsequent Recipients to
  112 identify the originator of the Contribution.
  113 
  114 4. COMMERCIAL DISTRIBUTION
  115 
  116 Commercial distributors of software may accept certain responsibilities with
  117 respect to end users, business partners and the like. While this license is
  118 intended to facilitate the commercial use of the Program, the Contributor who
  119 includes the Program in a commercial product offering should do so in a manner
  120 which does not create potential liability for other Contributors. Therefore,
  121 if a Contributor includes the Program in a commercial product offering,
  122 such Contributor ("Commercial Contributor") hereby agrees to defend and
  123 indemnify every other Contributor ("Indemnified Contributor") against any
  124 losses, damages and costs (collectively "Losses") arising from claims,
  125 lawsuits and other legal actions brought by a third party against the
  126 Indemnified Contributor to the extent caused by the acts or omissions of
  127 such Commercial Contributor in connection with its distribution of the Program
  128 in a commercial product offering. The obligations in this section do not apply
  129 to any claims or Losses relating to any actual or alleged intellectual
  130 property infringement. In order to qualify, an Indemnified Contributor must:
  131 a) promptly notify the Commercial Contributor in writing of such claim,
  132 and b) allow the Commercial Contributor to control, and cooperate with the
  133 Commercial Contributor in, the defense and any related settlement
  134 negotiations. The Indemnified Contributor may participate in any such
  135 claim at its own expense.
  136 
  137 For example, a Contributor might include the Program in a commercial product
  138 offering, Product X. That Contributor is then a Commercial Contributor.
  139 If that Commercial Contributor then makes performance claims, or offers
  140 warranties related to Product X, those performance claims and warranties
  141 are such Commercial Contributor's responsibility alone. Under this section,
  142 the Commercial Contributor would have to defend claims against the other
  143 Contributors related to those performance claims and warranties, and if a
  144 court requires any other Contributor to pay any damages as a result,
  145 the Commercial Contributor must pay those damages.
  146 
  147 5. NO WARRANTY
  148 
  149 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
  150 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
  151 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
  152 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  153 Each Recipient is solely responsible for determining the appropriateness of
  154 using and distributing the Program and assumes all risks associated with its
  155 exercise of rights under this Agreement , including but not limited to the
  156 risks and costs of program errors, compliance with applicable laws, damage to
  157 or loss of data, programs or equipment, and unavailability
  158 or interruption of operations.
  159 
  160 6. DISCLAIMER OF LIABILITY
  161 
  162 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
  163 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
  164 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
  165 LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
  166 CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
  167 ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
  168 EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
  169 POSSIBILITY OF SUCH DAMAGES.
  170 
  171 7. GENERAL
  172 
  173 If any provision of this Agreement is invalid or unenforceable under
  174 applicable law, it shall not affect the validity or enforceability of the
  175 remainder of the terms of this Agreement, and without further action by
  176 the parties hereto, such provision shall be reformed to the minimum extent
  177 necessary to make such provision valid and enforceable.
  178 
  179 If Recipient institutes patent litigation against any entity (including a
  180 cross-claim or counterclaim in a lawsuit) alleging that the Program itself
  181 (excluding combinations of the Program with other software or hardware)
  182 infringes such Recipient's patent(s), then such Recipient's rights granted
  183 under Section 2(b) shall terminate as of the date such litigation is filed.
  184 
  185 All Recipient's rights under this Agreement shall terminate if it fails to
  186 comply with any of the material terms or conditions of this Agreement and
  187 does not cure such failure in a reasonable period of time after becoming
  188 aware of such noncompliance. If all Recipient's rights under this
  189 Agreement terminate, Recipient agrees to cease use and distribution of the
  190 Program as soon as reasonably practicable. However, Recipient's obligations
  191 under this Agreement and any licenses granted by Recipient relating to the
  192 Program shall continue and survive.
  193 
  194 Everyone is permitted to copy and distribute copies of this Agreement,
  195 but in order to avoid inconsistency the Agreement is copyrighted and may
  196 only be modified in the following manner. The Agreement Steward reserves
  197 the right to publish new versions (including revisions) of this Agreement
  198 from time to time. No one other than the Agreement Steward has the right to
  199 modify this Agreement. The Eclipse Foundation is the initial
  200 Agreement Steward. The Eclipse Foundation may assign the responsibility to
  201 serve as the Agreement Steward to a suitable separate entity. Each new version
  202 of the Agreement will be given a distinguishing version number. The Program
  203 (including Contributions) may always be distributed subject to the version
  204 of the Agreement under which it was received. In addition, after a new version
  205 of the Agreement is published, Contributor may elect to distribute the Program
  206 (including its Contributions) under the new version. Except as expressly
  207 stated in Sections 2(a) and 2(b) above, Recipient receives no rights or
  208 licenses to the intellectual property of any Contributor under this Agreement,
  209 whether expressly, by implication, estoppel or otherwise. All rights in the
  210 Program not expressly granted under this Agreement are reserved.
  211 
  212 This Agreement is governed by the laws of the State of New York and the
  213 intellectual property laws of the United States of America. No party to
  214 this Agreement will bring a legal action under this Agreement more than one
  215 year after the cause of action arose. Each party waives its rights to a
  216 jury trial in any resulting litigation.