source: rtems-eclipse-plug-in/org.rtems.cdt.feature/epl-v10.html

Last change on this file was 0db4f56, checked in by Daron Chabot <daron.chabot@…>, on 02/06/09 at 13:48:13

Addition of licensing and description info to RTEMS-CDT Feature.
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File size: 12.2 KB
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7<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1">
8<title>Eclipse Public License - Version 1.0</title>
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27</head><body lang="EN-US">
28
29<p align="center"><b>Eclipse Public License - v 1.0</b></p>
30
31<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
32PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
33DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
34AGREEMENT.</p>
35
36<p><b>1. DEFINITIONS</b></p>
37
38<p>"Contribution" means:</p>
39
40<p class="list">a) in the case of the initial Contributor, the initial
41code and documentation distributed under this Agreement, and</p>
42<p class="list">b) in the case of each subsequent Contributor:</p>
43<p class="list">i) changes to the Program, and</p>
44<p class="list">ii) additions to the Program;</p>
45<p class="list">where such changes and/or additions to the Program
46originate from and are distributed by that particular Contributor. A
47Contribution 'originates' from a Contributor if it was added to the
48Program by such Contributor itself or anyone acting on such
49Contributor's behalf. Contributions do not include additions to the
50Program which: (i) are separate modules of software distributed in
51conjunction with the Program under their own license agreement, and (ii)
52are not derivative works of the Program.</p>
53
54<p>"Contributor" means any person or entity that distributes
55the Program.</p>
56
57<p>"Licensed Patents" mean patent claims licensable by a
58Contributor which are necessarily infringed by the use or sale of its
59Contribution alone or when combined with the Program.</p>
60
61<p>"Program" means the Contributions distributed in accordance
62with this Agreement.</p>
63
64<p>"Recipient" means anyone who receives the Program under
65this Agreement, including all Contributors.</p>
66
67<p><b>2. GRANT OF RIGHTS</b></p>
68
69<p class="list">a) Subject to the terms of this Agreement, each
70Contributor hereby grants Recipient a non-exclusive, worldwide,
71royalty-free copyright license to reproduce, prepare derivative works
72of, publicly display, publicly perform, distribute and sublicense the
73Contribution of such Contributor, if any, and such derivative works, in
74source code and object code form.</p>
75
76<p class="list">b) Subject to the terms of this Agreement, each
77Contributor hereby grants Recipient a non-exclusive, worldwide,
78royalty-free patent license under Licensed Patents to make, use, sell,
79offer to sell, import and otherwise transfer the Contribution of such
80Contributor, if any, in source code and object code form. This patent
81license shall apply to the combination of the Contribution and the
82Program if, at the time the Contribution is added by the Contributor,
83such addition of the Contribution causes such combination to be covered
84by the Licensed Patents. The patent license shall not apply to any other
85combinations which include the Contribution. No hardware per se is
86licensed hereunder.</p>
87
88<p class="list">c) Recipient understands that although each Contributor
89grants the licenses to its Contributions set forth herein, no assurances
90are provided by any Contributor that the Program does not infringe the
91patent or other intellectual property rights of any other entity. Each
92Contributor disclaims any liability to Recipient for claims brought by
93any other entity based on infringement of intellectual property rights
94or otherwise. As a condition to exercising the rights and licenses
95granted hereunder, each Recipient hereby assumes sole responsibility to
96secure any other intellectual property rights needed, if any. For
97example, if a third party patent license is required to allow Recipient
98to distribute the Program, it is Recipient's responsibility to acquire
99that license before distributing the Program.</p>
100
101<p class="list">d) Each Contributor represents that to its knowledge it
102has sufficient copyright rights in its Contribution, if any, to grant
103the copyright license set forth in this Agreement.</p>
104
105<p><b>3. REQUIREMENTS</b></p>
106
107<p>A Contributor may choose to distribute the Program in object code
108form under its own license agreement, provided that:</p>
109
110<p class="list">a) it complies with the terms and conditions of this
111Agreement; and</p>
112
113<p class="list">b) its license agreement:</p>
114
115<p class="list">i) effectively disclaims on behalf of all Contributors
116all warranties and conditions, express and implied, including warranties
117or conditions of title and non-infringement, and implied warranties or
118conditions of merchantability and fitness for a particular purpose;</p>
119
120<p class="list">ii) effectively excludes on behalf of all Contributors
121all liability for damages, including direct, indirect, special,
122incidental and consequential damages, such as lost profits;</p>
123
124<p class="list">iii) states that any provisions which differ from this
125Agreement are offered by that Contributor alone and not by any other
126party; and</p>
127
128<p class="list">iv) states that source code for the Program is available
129from such Contributor, and informs licensees how to obtain it in a
130reasonable manner on or through a medium customarily used for software
131exchange.</p>
132
133<p>When the Program is made available in source code form:</p>
134
135<p class="list">a) it must be made available under this Agreement; and</p>
136
137<p class="list">b) a copy of this Agreement must be included with each
138copy of the Program.</p>
139
140<p>Contributors may not remove or alter any copyright notices contained
141within the Program.</p>
142
143<p>Each Contributor must identify itself as the originator of its
144Contribution, if any, in a manner that reasonably allows subsequent
145Recipients to identify the originator of the Contribution.</p>
146
147<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
148
149<p>Commercial distributors of software may accept certain
150responsibilities with respect to end users, business partners and the
151like. While this license is intended to facilitate the commercial use of
152the Program, the Contributor who includes the Program in a commercial
153product offering should do so in a manner which does not create
154potential liability for other Contributors. Therefore, if a Contributor
155includes the Program in a commercial product offering, such Contributor
156("Commercial Contributor") hereby agrees to defend and
157indemnify every other Contributor ("Indemnified Contributor")
158against any losses, damages and costs (collectively "Losses")
159arising from claims, lawsuits and other legal actions brought by a third
160party against the Indemnified Contributor to the extent caused by the
161acts or omissions of such Commercial Contributor in connection with its
162distribution of the Program in a commercial product offering. The
163obligations in this section do not apply to any claims or Losses
164relating to any actual or alleged intellectual property infringement. In
165order to qualify, an Indemnified Contributor must: a) promptly notify
166the Commercial Contributor in writing of such claim, and b) allow the
167Commercial Contributor to control, and cooperate with the Commercial
168Contributor in, the defense and any related settlement negotiations. The
169Indemnified Contributor may participate in any such claim at its own
170expense.</p>
171
172<p>For example, a Contributor might include the Program in a commercial
173product offering, Product X. That Contributor is then a Commercial
174Contributor. If that Commercial Contributor then makes performance
175claims, or offers warranties related to Product X, those performance
176claims and warranties are such Commercial Contributor's responsibility
177alone. Under this section, the Commercial Contributor would have to
178defend claims against the other Contributors related to those
179performance claims and warranties, and if a court requires any other
180Contributor to pay any damages as a result, the Commercial Contributor
181must pay those damages.</p>
182
183<p><b>5. NO WARRANTY</b></p>
184
185<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
186PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
187OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
188ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
189OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
190responsible for determining the appropriateness of using and
191distributing the Program and assumes all risks associated with its
192exercise of rights under this Agreement , including but not limited to
193the risks and costs of program errors, compliance with applicable laws,
194damage to or loss of data, programs or equipment, and unavailability or
195interruption of operations.</p>
196
197<p><b>6. DISCLAIMER OF LIABILITY</b></p>
198
199<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
200NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
201INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
202WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
203LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
204NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
205DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
206HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
207
208<p><b>7. GENERAL</b></p>
209
210<p>If any provision of this Agreement is invalid or unenforceable under
211applicable law, it shall not affect the validity or enforceability of
212the remainder of the terms of this Agreement, and without further action
213by the parties hereto, such provision shall be reformed to the minimum
214extent necessary to make such provision valid and enforceable.</p>
215
216<p>If Recipient institutes patent litigation against any entity
217(including a cross-claim or counterclaim in a lawsuit) alleging that the
218Program itself (excluding combinations of the Program with other
219software or hardware) infringes such Recipient's patent(s), then such
220Recipient's rights granted under Section 2(b) shall terminate as of the
221date such litigation is filed.</p>
222
223<p>All Recipient's rights under this Agreement shall terminate if it
224fails to comply with any of the material terms or conditions of this
225Agreement and does not cure such failure in a reasonable period of time
226after becoming aware of such noncompliance. If all Recipient's rights
227under this Agreement terminate, Recipient agrees to cease use and
228distribution of the Program as soon as reasonably practicable. However,
229Recipient's obligations under this Agreement and any licenses granted by
230Recipient relating to the Program shall continue and survive.</p>
231
232<p>Everyone is permitted to copy and distribute copies of this
233Agreement, but in order to avoid inconsistency the Agreement is
234copyrighted and may only be modified in the following manner. The
235Agreement Steward reserves the right to publish new versions (including
236revisions) of this Agreement from time to time. No one other than the
237Agreement Steward has the right to modify this Agreement. The Eclipse
238Foundation is the initial Agreement Steward. The Eclipse Foundation may
239assign the responsibility to serve as the Agreement Steward to a
240suitable separate entity. Each new version of the Agreement will be
241given a distinguishing version number. The Program (including
242Contributions) may always be distributed subject to the version of the
243Agreement under which it was received. In addition, after a new version
244of the Agreement is published, Contributor may elect to distribute the
245Program (including its Contributions) under the new version. Except as
246expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
247rights or licenses to the intellectual property of any Contributor under
248this Agreement, whether expressly, by implication, estoppel or
249otherwise. All rights in the Program not expressly granted under this
250Agreement are reserved.</p>
251
252<p>This Agreement is governed by the laws of the State of New York and
253the intellectual property laws of the United States of America. No party
254to this Agreement will bring a legal action under this Agreement more
255than one year after the cause of action arose. Each party waives its
256rights to a jury trial in any resulting litigation.</p>
257
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