epl-v10.txt

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.