|  | JUnit | 
|  |  | 
|  | 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. | 
|  |  |