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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

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 tocontrol, 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 Washington 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.

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