source: trunk/epl-v10.html @ 3071

Last change on this file since 3071 was 2502, checked in by bradbell, 8 years ago

Add new license files to repository in preparation for changing licenses.

epl_html2txt.py: script that created epl-v10.txt from epl-v10.html.
epl-v10.html: original epl license.
epl-v10.txt: replacement for cpl1.0.txt
gpl-3.0.txt: replacement for gpl2.txt

  • Property svn:keywords set to Id
File size: 12.2 KB
Line 
1<!--?xml version="1.0" encoding="ISO-8859-1" ?-->
2<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd">
3<html xmlns="http://www.w3.org/1999/xhtml"><head>
4<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1">
5<title>Eclipse Public License - Version 1.0</title>
6<style type="text/css">
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23
24</head>
25
26<body lang="EN-US">
27
28<h2>Eclipse Public License - v 1.0</h2>
29
30<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
31PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
32DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
33AGREEMENT.</p>
34
35<p><b>1. DEFINITIONS</b></p>
36
37<p>"Contribution" means:</p>
38
39<p class="list">a) in the case of the initial Contributor, the initial
40code and documentation distributed under this Agreement, and</p>
41<p class="list">b) in the case of each subsequent Contributor:</p>
42<p class="list">i) changes to the Program, and</p>
43<p class="list">ii) additions to the Program;</p>
44<p class="list">where such changes and/or additions to the Program
45originate from and are distributed by that particular Contributor. A
46Contribution 'originates' from a Contributor if it was added to the
47Program by such Contributor itself or anyone acting on such
48Contributor's behalf. Contributions do not include additions to the
49Program which: (i) are separate modules of software distributed in
50conjunction with the Program under their own license agreement, and (ii)
51are not derivative works of the Program.</p>
52
53<p>"Contributor" means any person or entity that distributes
54the Program.</p>
55
56<p>"Licensed Patents" mean patent claims licensable by a
57Contributor which are necessarily infringed by the use or sale of its
58Contribution alone or when combined with the Program.</p>
59
60<p>"Program" means the Contributions distributed in accordance
61with this Agreement.</p>
62
63<p>"Recipient" means anyone who receives the Program under
64this Agreement, including all Contributors.</p>
65
66<p><b>2. GRANT OF RIGHTS</b></p>
67
68<p class="list">a) Subject to the terms of this Agreement, each
69Contributor hereby grants Recipient a non-exclusive, worldwide,
70royalty-free copyright license to reproduce, prepare derivative works
71of, publicly display, publicly perform, distribute and sublicense the
72Contribution of such Contributor, if any, and such derivative works, in
73source code and object code form.</p>
74
75<p class="list">b) Subject to the terms of this Agreement, each
76Contributor hereby grants Recipient a non-exclusive, worldwide,
77royalty-free patent license under Licensed Patents to make, use, sell,
78offer to sell, import and otherwise transfer the Contribution of such
79Contributor, if any, in source code and object code form. This patent
80license shall apply to the combination of the Contribution and the
81Program if, at the time the Contribution is added by the Contributor,
82such addition of the Contribution causes such combination to be covered
83by the Licensed Patents. The patent license shall not apply to any other
84combinations which include the Contribution. No hardware per se is
85licensed hereunder.</p>
86
87<p class="list">c) Recipient understands that although each Contributor
88grants the licenses to its Contributions set forth herein, no assurances
89are provided by any Contributor that the Program does not infringe the
90patent or other intellectual property rights of any other entity. Each
91Contributor disclaims any liability to Recipient for claims brought by
92any other entity based on infringement of intellectual property rights
93or otherwise. As a condition to exercising the rights and licenses
94granted hereunder, each Recipient hereby assumes sole responsibility to
95secure any other intellectual property rights needed, if any. For
96example, if a third party patent license is required to allow Recipient
97to distribute the Program, it is Recipient's responsibility to acquire
98that license before distributing the Program.</p>
99
100<p class="list">d) Each Contributor represents that to its knowledge it
101has sufficient copyright rights in its Contribution, if any, to grant
102the copyright license set forth in this Agreement.</p>
103
104<p><b>3. REQUIREMENTS</b></p>
105
106<p>A Contributor may choose to distribute the Program in object code
107form under its own license agreement, provided that:</p>
108
109<p class="list">a) it complies with the terms and conditions of this
110Agreement; and</p>
111
112<p class="list">b) its license agreement:</p>
113
114<p class="list">i) effectively disclaims on behalf of all Contributors
115all warranties and conditions, express and implied, including warranties
116or conditions of title and non-infringement, and implied warranties or
117conditions of merchantability and fitness for a particular purpose;</p>
118
119<p class="list">ii) effectively excludes on behalf of all Contributors
120all liability for damages, including direct, indirect, special,
121incidental and consequential damages, such as lost profits;</p>
122
123<p class="list">iii) states that any provisions which differ from this
124Agreement are offered by that Contributor alone and not by any other
125party; and</p>
126
127<p class="list">iv) states that source code for the Program is available
128from such Contributor, and informs licensees how to obtain it in a
129reasonable manner on or through a medium customarily used for software
130exchange.</p>
131
132<p>When the Program is made available in source code form:</p>
133
134<p class="list">a) it must be made available under this Agreement; and</p>
135
136<p class="list">b) a copy of this Agreement must be included with each
137copy of the Program.</p>
138
139<p>Contributors may not remove or alter any copyright notices contained
140within the Program.</p>
141
142<p>Each Contributor must identify itself as the originator of its
143Contribution, if any, in a manner that reasonably allows subsequent
144Recipients to identify the originator of the Contribution.</p>
145
146<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
147
148<p>Commercial distributors of software may accept certain
149responsibilities with respect to end users, business partners and the
150like. While this license is intended to facilitate the commercial use of
151the Program, the Contributor who includes the Program in a commercial
152product offering should do so in a manner which does not create
153potential liability for other Contributors. Therefore, if a Contributor
154includes the Program in a commercial product offering, such Contributor
155("Commercial Contributor") hereby agrees to defend and
156indemnify every other Contributor ("Indemnified Contributor")
157against any losses, damages and costs (collectively "Losses")
158arising from claims, lawsuits and other legal actions brought by a third
159party against the Indemnified Contributor to the extent caused by the
160acts or omissions of such Commercial Contributor in connection with its
161distribution of the Program in a commercial product offering. The
162obligations in this section do not apply to any claims or Losses
163relating to any actual or alleged intellectual property infringement. In
164order to qualify, an Indemnified Contributor must: a) promptly notify
165the Commercial Contributor in writing of such claim, and b) allow the
166Commercial Contributor to control, and cooperate with the Commercial
167Contributor in, the defense and any related settlement negotiations. The
168Indemnified Contributor may participate in any such claim at its own
169expense.</p>
170
171<p>For example, a Contributor might include the Program in a commercial
172product offering, Product X. That Contributor is then a Commercial
173Contributor. If that Commercial Contributor then makes performance
174claims, or offers warranties related to Product X, those performance
175claims and warranties are such Commercial Contributor's responsibility
176alone. Under this section, the Commercial Contributor would have to
177defend claims against the other Contributors related to those
178performance claims and warranties, and if a court requires any other
179Contributor to pay any damages as a result, the Commercial Contributor
180must pay those damages.</p>
181
182<p><b>5. NO WARRANTY</b></p>
183
184<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
185PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
186OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
187ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
188OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
189responsible for determining the appropriateness of using and
190distributing the Program and assumes all risks associated with its
191exercise of rights under this Agreement , including but not limited to
192the risks and costs of program errors, compliance with applicable laws,
193damage to or loss of data, programs or equipment, and unavailability or
194interruption of operations.</p>
195
196<p><b>6. DISCLAIMER OF LIABILITY</b></p>
197
198<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
199NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
200INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
201WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
202LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
203NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
204DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
205HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
206
207<p><b>7. GENERAL</b></p>
208
209<p>If any provision of this Agreement is invalid or unenforceable under
210applicable law, it shall not affect the validity or enforceability of
211the remainder of the terms of this Agreement, and without further action
212by the parties hereto, such provision shall be reformed to the minimum
213extent necessary to make such provision valid and enforceable.</p>
214
215<p>If Recipient institutes patent litigation against any entity
216(including a cross-claim or counterclaim in a lawsuit) alleging that the
217Program itself (excluding combinations of the Program with other
218software or hardware) infringes such Recipient's patent(s), then such
219Recipient's rights granted under Section 2(b) shall terminate as of the
220date such litigation is filed.</p>
221
222<p>All Recipient's rights under this Agreement shall terminate if it
223fails to comply with any of the material terms or conditions of this
224Agreement and does not cure such failure in a reasonable period of time
225after becoming aware of such noncompliance. If all Recipient's rights
226under this Agreement terminate, Recipient agrees to cease use and
227distribution of the Program as soon as reasonably practicable. However,
228Recipient's obligations under this Agreement and any licenses granted by
229Recipient relating to the Program shall continue and survive.</p>
230
231<p>Everyone is permitted to copy and distribute copies of this
232Agreement, but in order to avoid inconsistency the Agreement is
233copyrighted and may only be modified in the following manner. The
234Agreement Steward reserves the right to publish new versions (including
235revisions) of this Agreement from time to time. No one other than the
236Agreement Steward has the right to modify this Agreement. The Eclipse
237Foundation is the initial Agreement Steward. The Eclipse Foundation may
238assign the responsibility to serve as the Agreement Steward to a
239suitable separate entity. Each new version of the Agreement will be
240given a distinguishing version number. The Program (including
241Contributions) may always be distributed subject to the version of the
242Agreement under which it was received. In addition, after a new version
243of the Agreement is published, Contributor may elect to distribute the
244Program (including its Contributions) under the new version. Except as
245expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
246rights or licenses to the intellectual property of any Contributor under
247this Agreement, whether expressly, by implication, estoppel or
248otherwise. All rights in the Program not expressly granted under this
249Agreement are reserved.</p>
250
251<p>This Agreement is governed by the laws of the State of New York and
252the intellectual property laws of the United States of America. No party
253to this Agreement will bring a legal action under this Agreement more
254than one year after the cause of action arose. Each party waives its
255rights to a jury trial in any resulting litigation.</p>
256
257
258
259</body></html>
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