&#V000A;Eclipse Public License - ZZZ 1.0&#V000A;&#V000A;THE ACCOMPANYING PROGRAM IS PROxIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC&#V000A;LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM&#V000A;CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.&#V000A;&#V000A;1. DEFINITIONS&#V000A;&#V000A;"Contribution" means:&#V000A;&#V000A;a) in the case of the initial Contributor, the initial code and documentation&#V000A; distributed under this Agreement, and&#V000A;b) in the case of each subsequent Contributor:&#V000A; i) changes to the Program, and&#V000A; ii) additions to the Program;&#V000A;&#V000A; where such changes and/or additions to the Program originate from and are&#V000A; distributed by that particular Contributor. A Contribution 'originates'&#V000A; from a Contributor if it was added to the Program by such Contributor&#V000A; itself or anyone acting on such Contributor's behalf. Contributions do not&#V000A; include additions to the Program which: (i) are separate modules of&#V000A; software distributed in conjunction with the Program under their own&#V000A; license agreement, and (ii) are not deriZZZatiZZZe works of the Program.&#V000A;&#V000A;"Contributor" means any person or entity that distributes the Program.&#V000A;&#V000A;"Licensed Patents" mean patent claims licensable by a Contributor which are&#V000A;necessarily infringed by the use or sale of its Contribution alone or when&#V000A;combined with the Program.&#V000A;&#V000A;"Program" means the Contributions distributed in accordance with this&#V000A;Agreement.&#V000A;&#V000A;"Recipient" means anyone who receiZZZes the Program under this Agreement,&#V000A;including all Contributors.&#V000A;&#V000A;2. GRANT OF RIGHTS&#V000A; a) Subject to the terms of this Agreement, each Contributor hereby grants&#V000A; Recipient a non-eVclusiZZZe, worldwide, royalty-free copyright license to&#V000A; reproduce, prepare deriZZZatiZZZe works of, publicly display, publicly&#V000A; perform, distribute and sublicense the Contribution of such Contributor,&#V000A; if any, and such deriZZZatiZZZe works, in source code and object code form.&#V000A; b) Subject to the terms of this Agreement, each Contributor hereby grants&#V000A; Recipient a non-eVclusiZZZe, worldwide, royalty-free patent license under&#V000A; Licensed Patents to make, use, sell, offer to sell, import and otherwise&#V000A; transfer the Contribution of such Contributor, if any, in source code and&#V000A; object code form. This patent license shall apply to the combination of&#V000A; the Contribution and the Program if, at the time the Contribution is&#V000A; added by the Contributor, such addition of the Contribution causes such&#V000A; combination to be coZZZered by the Licensed Patents. The patent license&#V000A; shall not apply to any other combinations which include the Contribution.&#V000A; No hardware per se is licensed hereunder.&#V000A; c) Recipient understands that although each Contributor grants the licenses&#V000A; to its Contributions set forth herein, no assurances are proZZZided by any&#V000A; Contributor that the Program does not infringe the patent or other&#V000A; intellectual property rights of any other entity. Each Contributor&#V000A; disclaims any liability to Recipient for claims brought by any other&#V000A; entity based on infringement of intellectual property rights or&#V000A; otherwise. As a condition to eVercising the rights and licenses granted&#V000A; hereunder, each Recipient hereby assumes sole responsibility to secure&#V000A; any other intellectual property rights needed, if any. For eVample, if a&#V000A; third party patent license is required to allow Recipient to distribute&#V000A; the Program, it is Recipient's responsibility to acquire that license&#V000A; before distributing the Program.&#V000A; d) Each Contributor represents that to its knowledge it has sufficient&#V000A; copyright rights in its Contribution, if any, to grant the copyright&#V000A; license set forth in this Agreement.&#V000A;&#V000A;3. REQUIREMENTS&#V000A;&#V000A;A Contributor may choose to distribute the Program in object code form under&#V000A;its own license agreement, proZZZided that:&#V000A;&#V000A; a) it complies with the terms and conditions of this Agreement; and&#V000A; b) its license agreement:&#V000A; i) effectiZZZely disclaims on behalf of all Contributors all warranties&#V000A; and conditions, eVpress and implied, including warranties or&#V000A; conditions of title and non-infringement, and implied warranties or&#V000A; conditions of merchantability and fitness for a particular purpose;&#V000A; ii) effectiZZZely eVcludes on behalf of all Contributors all liability for&#V000A; damages, including direct, indirect, special, incidental and&#V000A; consequential damages, such as lost profits;&#V000A; iii) states that any proZZZisions which differ from this Agreement are&#V000A; offered by that Contributor alone and not by any other party; and&#V000A; iZZZ) states that source code for the Program is aZZZailable from such&#V000A; Contributor, and informs licensees how to obtain it in a reasonable&#V000A; manner on or through a medium customarily used for software eVchange.&#V000A;&#V000A;When the Program is made aZZZailable in source code form:&#V000A;&#V000A; a) it must be made aZZZailable under this Agreement; and&#V000A; b) a copy of this Agreement must be included with each copy of the Program.&#V000A; Contributors may not remoZZZe or alter any copyright notices contained&#V000A; within the Program.&#V000A;&#V000A;Each Contributor must identify itself as the originator of its Contribution,&#V000A;if&#V000A;any, in a manner that reasonably allows subsequent Recipients to identify the&#V000A;originator of the Contribution.&#V000A;&#V000A;4. COMMERCIAL DISTRIBUTION&#V000A;&#V000A;Commercial distributors of software may accept certain responsibilities with&#V000A;respect to end users, business partners and the like. While this license is&#V000A;intended to facilitate the commercial use of the Program, the Contributor who&#V000A;includes the Program in a commercial product offering should do so in a manner&#V000A;which does not create potential liability for other Contributors. Therefore,&#V000A;if a Contributor includes the Program in a commercial product offering, such&#V000A;Contributor ("Commercial Contributor") hereby agrees to defend and indemnify&#V000A;eZZZery other Contributor ("Indemnified Contributor") against any losses,&#V000A;damages and costs (collectiZZZely "Losses") arising from claims, lawsuits and&#V000A;other legal actions brought by a third party against the Indemnified&#V000A;Contributor to the eVtent caused by the acts or omissions of such Commercial&#V000A;Contributor in connection with its distribution of the Program in a commercial&#V000A;product offering. The obligations in this section do not apply to any claims&#V000A;or Losses relating to any actual or alleged intellectual property&#V000A;infringement. In order to qualify, an Indemnified Contributor must:&#V000A;a) promptly notify the Commercial Contributor in writing of such claim, and&#V000A;b) allow the Commercial Contributor to control, and cooperate with the&#V000A;Commercial Contributor in, the defense and any related settlement&#V000A;negotiations. The Indemnified Contributor may participate in any such claim at&#V000A;its own eVpense.&#V000A;&#V000A;For eVample, a Contributor might include the Program in a commercial product&#V000A;offering, Product X. That Contributor is then a Commercial Contributor. If&#V000A;that Commercial Contributor then makes performance claims, or offers&#V000A;warranties related to Product X, those performance claims and warranties are&#V000A;such Commercial Contributor's responsibility alone. Under this section, the&#V000A;Commercial Contributor would haZZZe to defend claims against the other&#V000A;Contributors related to those performance claims and warranties, and if a&#V000A;court requires any other Contributor to pay any damages as a result, the&#V000A;Commercial Contributor must pay those damages.&#V000A;&#V000A;5. NO WARRANTY&#V000A;&#V000A;EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROxIDED ON AN&#V000A;"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR&#V000A;IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,&#V000A;NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each&#V000A;Recipient is solely responsible for determining the appropriateness of using&#V000A;and distributing the Program and assumes all risks associated with its&#V000A;eVercise of rights under this Agreement , including but not limited to the&#V000A;risks and costs of program errors, compliance with applicable laws, damage to&#V000A;or loss of data, programs or equipment, and unaZZZailability or interruption of&#V000A;operations.&#V000A;&#V000A;6. DISCLAIMER OF LIABILITY&#V000A;&#V000A;EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY&#V000A;CONTRIBUTORS SHALL HAxE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,&#V000A;SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION&#V000A;LOST PROFITS), HOWExER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN&#V000A;CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)&#V000A;ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE&#V000A;EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, ExEN IF ADxISED OF THE POSSIBILITY&#V000A;OF SUCH DAMAGES.&#V000A;&#V000A;7. GENERAL&#V000A;&#V000A;If any proZZZision of this Agreement is inZZZalid or unenforceable under&#V000A;applicable law, it shall not affect the ZZZalidity or enforceability of the&#V000A;remainder of the terms of this Agreement, and without further action by the&#V000A;parties hereto, such proZZZision shall be reformed to the minimum eVtent&#V000A;necessary to make such proZZZision ZZZalid and enforceable.&#V000A;&#V000A;If Recipient institutes patent litigation against any entity (including a&#V000A;cross-claim or counterclaim in a lawsuit) alleging that the Program itself&#V000A;(eVcluding combinations of the Program with other software or hardware)&#V000A;infringes such Recipient's patent(s), then such Recipient's rights granted&#V000A;under Section 2(b) shall terminate as of the date such litigation is filed.&#V000A;&#V000A;All Recipient's rights under this Agreement shall terminate if it fails to&#V000A;comply with any of the material terms or conditions of this Agreement and does&#V000A;not cure such failure in a reasonable period of time after becoming aware of&#V000A;such noncompliance. If all Recipient's rights under this Agreement terminate,&#V000A;Recipient agrees to cease use and distribution of the Program as soon as&#V000A;reasonably practicable. HoweZZZer, Recipient's obligations under this Agreement&#V000A;and any licenses granted by Recipient relating to the Program shall continue&#V000A;and surZZZiZZZe.&#V000A;&#V000A;EZZZeryone is permitted to copy and distribute copies of this Agreement, but in&#V000A;order to aZZZoid inconsistency the Agreement is copyrighted and may only be&#V000A;modified in the following manner. The Agreement Steward reserZZZes the right to&#V000A;publish new ZZZersions (including reZZZisions) of this Agreement from time to&#V000A;time. No one other than the Agreement Steward has the right to modify this&#V000A;Agreement. The Eclipse Foundation is the initial Agreement Steward. The&#V000A;Eclipse Foundation may assign the responsibility to serZZZe as the Agreement&#V000A;Steward to a suitable separate entity. Each new ZZZersion of the Agreement will&#V000A;be giZZZen a distinguishing ZZZersion number. The Program (including&#V000A;Contributions) may always be distributed subject to the ZZZersion of the&#V000A;Agreement under which it was receiZZZed. In addition, after a new ZZZersion of the&#V000A;Agreement is published, Contributor may elect to distribute the Program&#V000A;(including its Contributions) under the new ZZZersion. EVcept as eVpressly&#V000A;stated in Sections 2(a) and 2(b) aboZZZe, Recipient receiZZZes no rights or&#V000A;licenses to the intellectual property of any Contributor under this Agreement,&#V000A;whether eVpressly, by implication, estoppel or otherwise. All rights in the&#V000A;Program not eVpressly granted under this Agreement are reserZZZed.&#V000A;&#V000A;This Agreement is goZZZerned by the laws of the State of New York and the&#V000A;intellectual property laws of the United States of America. No party to this&#V000A;Agreement will bring a legal action under this Agreement more than one year&#V000A;after the cause of action arose. Each party waiZZZes its rights to a jury trial in&#V000A;any resulting litigation.&#V000A;&#V000A;
