Eclipse Public = License

Eclipse Public License = - v 1.0=20

THE ACCOMPANYING PROGRAM IS PROVIDED = UNDER THE=20 TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, = REPRODUCTION OR=20 DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS=20 AGREEMENT.

1. DEFINITIONS

"Contribution" means:

a)=20 in the case of the initial Contributor, the initial code and = documentation=20 distributed under this Agreement, and
b) in the case of = each=20 subsequent Contributor:

i)=20 changes to the Program, and

ii)=20 additions to the Program;

where such changes and/or additions to the = Program=20 originate from and are distributed by that particular Contributor. A=20 Contribution 'originates' from a Contributor if it was added to the = Program by=20 such Contributor itself or anyone acting on such Contributor's behalf.=20 Contributions do not include additions to the Program which: (i) are = separate=20 modules of software distributed in conjunction with the Program under = their own=20 license agreement, and (ii) are not derivative works of the Program. =

"Contributor" means any person or = entity that=20 distributes the Program.

"Licensed Patents " mean patent = claims=20 licensable by a Contributor which are necessarily infringed by the use = or sale=20 of its Contribution alone or when combined with the Program.

"Program" means the Contributions = distributed=20 in accordance with this Agreement.

"Recipient" means anyone who receives = the=20 Program under this Agreement, including all Contributors.

2. GRANT OF RIGHTS

a)=20 Subject to the terms of this Agreement, each Contributor hereby grants = Recipient=20 a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, = publicly=20 display, publicly perform, distribute and sublicense the Contribution of = such=20 Contributor, if any, and such derivative works, in source code and = object code=20 form.

b)=20 Subject to the terms of this Agreement, each Contributor hereby grants = Recipient=20 a non-exclusive, worldwide, = royalty-free=20 patent license under Licensed Patents to make, use, sell, offer to sell, = import=20 and otherwise transfer the Contribution of such Contributor, if any, in = source=20 code and object code form. This patent license shall apply to the = combination of=20 the Contribution and the Program if, at the time the Contribution is = added by=20 the Contributor, such addition of the Contribution causes such = combination to be=20 covered by the Licensed Patents. The patent license shall not apply to = any other=20 combinations which include the Contribution. No hardware per se is = licensed=20 hereunder.

c)=20 Recipient understands that although each Contributor grants the licenses = to its=20 Contributions set forth herein, no assurances are provided by any = Contributor=20 that the Program does not infringe the patent or other intellectual = property=20 rights of any other entity. Each Contributor disclaims any liability to=20 Recipient for claims brought by any other entity based on infringement = of=20 intellectual property rights or otherwise. As a condition to exercising = the=20 rights and licenses granted hereunder, each Recipient hereby assumes = sole=20 responsibility to secure any other intellectual property rights needed, = if any.=20 For example, if a third party patent license is required to allow = Recipient to=20 distribute the Program, it is Recipient's responsibility to acquire that = license=20 before distributing the Program.

d)=20 Each Contributor represents that to its knowledge it has sufficient = copyright=20 rights in its Contribution, if any, to grant the copyright license set = forth in=20 this Agreement.

3. REQUIREMENTS

A Contributor may choose to = distribute the=20 Program in object code form under its own license agreement, provided=20 that:

a)=20 it complies with the terms and conditions of this Agreement; = and

b)=20 its license agreement:

i)=20 effectively disclaims on behalf of all Contributors all warranties and=20 conditions, express and implied, including warranties or conditions of = title and=20 non-infringement, and implied warranties or conditions of = merchantability and=20 fitness for a particular purpose;

ii)=20 effectively excludes on behalf of all Contributors all liability for = damages,=20 including direct, indirect, special, incidental and consequential = damages, such=20 as lost profits;

iii)=20 states that any provisions which differ from this Agreement are offered = by that=20 Contributor alone and not by any other party; and

iv)=20 states that source code for the Program is available from such = Contributor, and=20 informs licensees how to obtain it in a reasonable manner on or through = a medium=20 customarily used for software exchange.=20

When the Program is made available in = source=20 code form:

a)=20 it must be made available under this Agreement; and

b) a=20 copy of this Agreement must be included with each copy of the Program.=20

Contributors may not remove or alter = any=20 copyright notices contained within the Program.

Each Contributor must identify itself = as the=20 originator of its Contribution, if any, in a manner that reasonably = allows=20 subsequent Recipients to identify the originator of the Contribution.=20

4. COMMERCIAL = DISTRIBUTION

Commercial distributors of software = may accept=20 certain responsibilities with respect to end users, business partners = and the=20 like. While this license is intended to facilitate the commercial use of = the=20 Program, the Contributor who includes the Program in a commercial = product=20 offering should do so in a manner which does not create potential = liability for=20 other Contributors. Therefore, if a Contributor includes the Program in = a=20 commercial product offering, such Contributor ("Commercial Contributor") = hereby=20 agrees to defend and indemnify every other Contributor ("Indemnified=20 Contributor") against any losses, damages and costs (collectively = "Losses")=20 arising from claims, lawsuits and other legal actions brought by a third = party=20 against the Indemnified Contributor to the extent caused by the acts or=20 omissions of such Commercial Contributor in connection with its = distribution of=20 the Program in a commercial product offering. The obligations in this = section do=20 not apply to any claims or Losses relating to any actual or alleged = intellectual=20 property infringement. In order to qualify, an Indemnified Contributor = must: a)=20 promptly notify the Commercial Contributor in writing of such claim, and = b)=20 allow the Commercial Contributor to control, and cooperate with the = Commercial=20 Contributor in, the defense and any related settlement negotiations. The = Indemnified Contributor may participate in any such claim at its own=20 expense.

For example, a Contributor might = include the=20 Program in a commercial product offering, Product X. That Contributor is = then a=20 Commercial Contributor. If that Commercial Contributor then makes = performance=20 claims, or offers warranties related to Product X, those performance = claims and=20 warranties are such Commercial Contributor's responsibility alone. Under = this=20 section, the Commercial Contributor would have to defend claims against = the=20 other Contributors related to those performance claims and warranties, = and if a=20 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=20 CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT = LIMITATION,=20 ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY = OR=20 FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible = for=20 determining the appropriateness of using and distributing the Program = and=20 assumes all risks associated with its exercise of rights under this = Agreement ,=20 including but not limited to the risks and costs of program errors, = compliance=20 with applicable laws, damage to or loss of data, programs or equipment, = and=20 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=20 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL = DAMAGES=20 (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY = THEORY OF=20 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING = NEGLIGENCE=20 OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE = PROGRAM=20 OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE=20 POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is = invalid=20 or unenforceable under applicable law, it shall not affect the validity = or=20 enforceability of the remainder of the terms of this Agreement, and = without=20 further action by the parties hereto, such provision shall be reformed = to the=20 minimum extent necessary to make such provision valid and = enforceable.=20

If Recipient institutes patent = litigation=20 against any entity (including a cross-claim or counterclaim in a = lawsuit)=20 alleging that the Program itself (excluding combinations of the Program = with=20 other software or hardware) infringes such Recipient's patent(s), then = such=20 Recipient's rights granted under Section 2(b) shall terminate as of the = date=20 such litigation is filed.

All Recipient's rights under this = Agreement=20 shall terminate if it fails to comply with any of the material terms or=20 conditions of this Agreement and does not cure such failure in a = reasonable=20 period of time after becoming aware of such noncompliance. If all = Recipient's=20 rights under this Agreement terminate, Recipient agrees to cease use and = distribution of the Program as soon as reasonably practicable. However,=20 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=20 copies of this Agreement, but in order to avoid inconsistency the = Agreement is=20 copyrighted and may only be modified in the following manner. The = Agreement=20 Steward reserves the right to publish new versions (including revisions) = of this=20 Agreement from time to time. No one other than the Agreement Steward has = the=20 right to modify this Agreement. The Eclipse Foundation is the initial = Agreement=20 Steward. The Eclipse Foundation may assign the responsibility to serve = as the=20 Agreement Steward to a suitable separate entity. Each new version of the = Agreement will be given a distinguishing version number. The Program = (including=20 Contributions) may always be distributed subject to the version of the = Agreement=20 under which it was received. In addition, after a new version of the = Agreement=20 is published, Contributor may elect to distribute the Program (including = its=20 Contributions) under the new version. Except as expressly stated in = Sections=20 2(a) and 2(b) above, Recipient receives no rights or licenses to the=20 intellectual property of any Contributor under this Agreement, whether=20 expressly, by implication, estoppel or otherwise. All rights in the = Program not=20 expressly granted under this Agreement are reserved.

This Agreement is governed by the = laws of the=20 State of New York and the intellectual property laws of the United = States of=20 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=20 its rights to a jury trial in any resulting litigation.