Han-Wen Nienhuys | d08b27f | 2015-02-25 16:45:20 +0100 | [diff] [blame] | 1 | JUnit |
| 2 | |
| 3 | Eclipse Public License - v 1.0 |
| 4 | |
| 5 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC |
| 6 | LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
| 7 | CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
| 8 | |
| 9 | 1. DEFINITIONS |
| 10 | |
| 11 | "Contribution" means: |
| 12 | |
| 13 | a) in the case of the initial Contributor, the initial code and |
| 14 | documentation distributed under this Agreement, and |
| 15 | b) in the case of each subsequent Contributor: |
| 16 | |
| 17 | i) changes to the Program, and |
| 18 | |
| 19 | ii) additions to the Program; |
| 20 | |
| 21 | where such changes and/or additions to the Program originate from and are |
| 22 | distributed by that particular Contributor. A Contribution 'originates' from a |
| 23 | Contributor if it was added to the Program by such Contributor itself or anyone |
| 24 | acting on such Contributor's behalf. Contributions do not include additions to |
| 25 | the Program which: (i) are separate modules of software distributed in |
| 26 | conjunction with the Program under their own license agreement, and (ii) are |
| 27 | not derivative works of the Program. |
| 28 | |
| 29 | "Contributor" means any person or entity that distributes the Program. |
| 30 | |
| 31 | "Licensed Patents " mean patent claims licensable by a Contributor which are |
| 32 | necessarily infringed by the use or sale of its Contribution alone or when |
| 33 | combined with the Program. |
| 34 | |
| 35 | "Program" means the Contributions distributed in accordance with this Agreement. |
| 36 | |
| 37 | "Recipient" means anyone who receives the Program under this Agreement, |
| 38 | including all Contributors. |
| 39 | |
| 40 | 2. GRANT OF RIGHTS |
| 41 | |
| 42 | a) Subject to the terms of this Agreement, each Contributor hereby grants |
| 43 | Recipient a non-exclusive, worldwide, royalty-free copyright license to |
| 44 | reproduce, prepare derivative works of, publicly display, publicly perform, |
| 45 | distribute and sublicense the Contribution of such Contributor, if any, and |
| 46 | such derivative works, in source code and object code form. |
| 47 | |
| 48 | b) Subject to the terms of this Agreement, each Contributor hereby grants |
| 49 | Recipient a non-exclusive, worldwide, royalty-free patent license under |
| 50 | Licensed Patents to make, use, sell, offer to sell, import and otherwise |
| 51 | transfer the Contribution of such Contributor, if any, in source code and |
| 52 | object code form. This patent license shall apply to the combination of the |
| 53 | Contribution and the Program if, at the time the Contribution is added by the |
| 54 | Contributor, such addition of the Contribution causes such combination to be |
| 55 | covered by the Licensed Patents. The patent license shall not apply to any |
| 56 | other combinations which include the Contribution. No hardware per se is |
| 57 | licensed hereunder. |
| 58 | |
| 59 | c) Recipient understands that although each Contributor grants the |
| 60 | licenses to its Contributions set forth herein, no assurances are provided by |
| 61 | any Contributor that the Program does not infringe the patent or other |
| 62 | intellectual property rights of any other entity. Each Contributor disclaims |
| 63 | any liability to Recipient for claims brought by any other entity based on |
| 64 | infringement of intellectual property rights or otherwise. As a condition to |
| 65 | exercising the rights and licenses granted hereunder, each Recipient hereby |
| 66 | assumes sole responsibility to secure any other intellectual property rights |
| 67 | needed, if any. For example, if a third party patent license is required to |
| 68 | allow Recipient to distribute the Program, it is Recipient's responsibility to |
| 69 | acquire that license before distributing the Program. |
| 70 | |
| 71 | d) Each Contributor represents that to its knowledge it has sufficient |
| 72 | copyright rights in its Contribution, if any, to grant the copyright license |
| 73 | set forth in this Agreement. |
| 74 | |
| 75 | 3. REQUIREMENTS |
| 76 | |
| 77 | A Contributor may choose to distribute the Program in object code form under |
| 78 | its own license agreement, provided that: |
| 79 | |
| 80 | a) it complies with the terms and conditions of this Agreement; and |
| 81 | |
| 82 | b) its license agreement: |
| 83 | |
| 84 | i) effectively disclaims on behalf of all Contributors all warranties and |
| 85 | conditions, express and implied, including warranties or conditions of title |
| 86 | and non-infringement, and implied warranties or conditions of merchantability |
| 87 | and fitness for a particular purpose; |
| 88 | |
| 89 | ii) effectively excludes on behalf of all Contributors all liability for |
| 90 | damages, including direct, indirect, special, incidental and consequential |
| 91 | damages, such as lost profits; |
| 92 | |
| 93 | iii) states that any provisions which differ from this Agreement are |
| 94 | offered by that Contributor alone and not by any other party; and |
| 95 | |
| 96 | iv) states that source code for the Program is available from such |
| 97 | Contributor, and informs licensees how to obtain it in a reasonable manner on |
| 98 | or through a medium customarily used for software exchange. |
| 99 | |
| 100 | When the Program is made available in source code form: |
| 101 | |
| 102 | a) it must be made available under this Agreement; and |
| 103 | |
| 104 | b) a copy of this Agreement must be included with each copy of the |
| 105 | Program. |
| 106 | |
| 107 | Contributors may not remove or alter any copyright notices contained within the |
| 108 | Program. |
| 109 | |
| 110 | Each Contributor must identify itself as the originator of its Contribution, if |
| 111 | any, in a manner that reasonably allows subsequent Recipients to identify the |
| 112 | originator of the Contribution. |
| 113 | |
| 114 | 4. COMMERCIAL DISTRIBUTION |
| 115 | |
| 116 | Commercial distributors of software may accept certain responsibilities with |
| 117 | respect to end users, business partners and the like. While this license is |
| 118 | intended to facilitate the commercial use of the Program, the Contributor who |
| 119 | includes the Program in a commercial product offering should do so in a manner |
| 120 | which does not create potential liability for other Contributors. Therefore, if |
| 121 | a Contributor includes the Program in a commercial product offering, such |
| 122 | Contributor ("Commercial Contributor") hereby agrees to defend and indemnify |
| 123 | every other Contributor ("Indemnified Contributor") against any losses, damages |
| 124 | and costs (collectively "Losses") arising from claims, lawsuits and other legal |
| 125 | actions brought by a third party against the Indemnified Contributor to the |
| 126 | extent caused by the acts or omissions of such Commercial Contributor in |
| 127 | connection with its distribution of the Program in a commercial product |
| 128 | offering. The obligations in this section do not apply to any claims or Losses |
| 129 | relating to any actual or alleged intellectual property infringement. In order |
| 130 | to qualify, an Indemnified Contributor must: a) promptly notify the Commercial |
| 131 | Contributor in writing of such claim, and b) allow the Commercial Contributor |
| 132 | to control, and cooperate with the Commercial Contributor in, the defense and |
| 133 | any related settlement negotiations. The Indemnified Contributor may |
| 134 | participate in any such claim at its own expense. |
| 135 | |
| 136 | For example, a Contributor might include the Program in a commercial product |
| 137 | offering, Product X. That Contributor is then a Commercial Contributor. If that |
| 138 | Commercial Contributor then makes performance claims, or offers warranties |
| 139 | related to Product X, those performance claims and warranties are such |
| 140 | Commercial Contributor's responsibility alone. Under this section, the |
| 141 | Commercial Contributor would have to defend claims against the other |
| 142 | Contributors related to those performance claims and warranties, and if a court |
| 143 | requires any other Contributor to pay any damages as a result, the Commercial |
| 144 | Contributor must pay those damages. |
| 145 | |
| 146 | 5. NO WARRANTY |
| 147 | |
| 148 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN |
| 149 | "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
| 150 | IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
| 151 | NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each |
| 152 | Recipient is solely responsible for determining the appropriateness of using |
| 153 | and distributing the Program and assumes all risks associated with its exercise |
| 154 | of rights under this Agreement, including but not limited to the risks and |
| 155 | costs of program errors, compliance with applicable laws, damage to or loss of |
| 156 | data, programs or equipment, and unavailability or interruption of operations. |
| 157 | |
| 158 | 6. DISCLAIMER OF LIABILITY |
| 159 | |
| 160 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
| 161 | CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| 162 | SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
| 163 | PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
| 164 | STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY |
| 165 | WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
| 166 | GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 167 | |
| 168 | 7. GENERAL |
| 169 | |
| 170 | If any provision of this Agreement is invalid or unenforceable under applicable |
| 171 | law, it shall not affect the validity or enforceability of the remainder of the |
| 172 | terms of this Agreement, and without further action by the parties hereto, such |
| 173 | provision shall be reformed to the minimum extent necessary to make such |
| 174 | provision valid and enforceable. |
| 175 | |
| 176 | If Recipient institutes patent litigation against any |
| 177 | entity (including a cross-claim or counterclaim in a lawsuit) alleging that the |
| 178 | Program itself (excluding combinations of the Program with other software or |
| 179 | hardware) infringes such Recipient's patent(s), then such Recipient's rights |
| 180 | granted under Section 2(b) shall terminate as of the date such litigation is |
| 181 | filed. |
| 182 | |
| 183 | All Recipient's rights under this Agreement shall terminate if it fails to |
| 184 | comply with any of the material terms or conditions of this Agreement and does |
| 185 | not cure such failure in a reasonable period of time after becoming aware of |
| 186 | such noncompliance. If all Recipient's rights under this Agreement terminate, |
| 187 | Recipient agrees to cease use and distribution of the Program as soon as |
| 188 | reasonably practicable. However, Recipient's obligations under this Agreement |
| 189 | and any licenses granted by Recipient relating to the Program shall continue |
| 190 | and survive. |
| 191 | |
| 192 | Everyone is permitted to copy and distribute copies of this Agreement, but in |
| 193 | order to avoid inconsistency the Agreement is copyrighted and may only be |
| 194 | modified in the following manner. The Agreement Steward reserves the right to |
| 195 | publish new versions (including revisions) of this Agreement from time to time. |
| 196 | No one other than the Agreement Steward has the right to modify this Agreement. |
| 197 | The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to |
| 198 | serve as the Agreement Steward to a suitable separate entity. Each new version |
| 199 | of the Agreement will be given a distinguishing version number. The Program |
| 200 | (including Contributions) may always be distributed subject to the version of |
| 201 | the Agreement under which it was received. In addition, after a new version of |
| 202 | the Agreement is published, Contributor may elect to distribute the Program |
| 203 | (including its Contributions) under the new version. Except as expressly stated |
| 204 | in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to |
| 205 | the intellectual property of any Contributor under this Agreement, whether |
| 206 | expressly, by implication, estoppel or otherwise. All rights in the Program not |
| 207 | expressly granted under this Agreement are reserved. |
| 208 | |
| 209 | This Agreement is governed by the laws of the State of New York and the |
| 210 | intellectual property laws of the United States of America. No party to this |
| 211 | Agreement will bring a legal action under this Agreement more than one year |
| 212 | after the cause of action arose. Each party waives its rights to a jury trial |
| 213 | in any resulting litigation. |
| 214 | |