Thomas A. Alspaugh
Eclipse Public License -v 1.0
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Source: OSI text (2009Jul07)

CPL and EPL are identical except for §7¶2 and §7¶4.

Words, repeated phrases.

¶1¶1ṣ1THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE (AGREEMENT). ¶1ṣ2ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. §1DEFINITIONS

§1¶1§1¶1ṣ1Contribution means:

Each one numbered as a clause:

  1. a) ṣ1.ain the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
  2. b) ṣ1.bin the case of each subsequent Contributor:
    1. i) ṣ1.b.ichanges to the Program, and
    2. ii) ṣ1.b.iiadditions to the Program;

where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. §1¶1ṣ2A Contribution originates from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. §1¶1ṣ3Contributions do not include additions to the Program which:

  1. (i) ṣ3.iare separate modules of software distributed in conjunction with the Program under their own license agreement, and
  2. (ii) ṣ3.iiare not derivative works of the Program.

§1¶2§1¶2ṣ1Contributor means any person or entity that distributes the Program.

§1¶3§1¶3ṣ1Licensed 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.

§1¶4§1¶4ṣ1Program means the Contributions distributed in accordance with this Agreement.

§1¶5§1¶5ṣ1Recipient means anyone who receives the Program under this Agreement, including all Contributors.

2. §2GRANT OF RIGHTS

a) §2.a§2.a¶1ṣ1Subject 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) §2.b§2.b¶1ṣ1Subject 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. §2.b¶1ṣ2This 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. §2.b¶1ṣ3The patent license shall not apply to any other combinations which include the Contribution. §2.b¶1ṣ4No hardware per se is licensed hereunder.

c) §2.c§2.c¶1ṣ1Recipient 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. §2.c¶1ṣ2Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. §2.c¶1ṣ3As 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. §2.c¶1ṣ4For 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) §2.d§2.d¶1ṣ1Each 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. §3REQUIREMENTS

§3¶1§3¶1ṣ1A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:

List items not structurally parallel. Outer list items numbered as subparagraphs, inner as clauses:

  1. a) ṣ1.ait complies with the terms and conditions of this Agreement; and
  2. b) ṣ1.bits license agreement:
    1. i) ṣ1.b.ieffectively 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;
    2. ii) ṣ1.b.iieffectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
    3. iii) ṣ1.b.iiistates that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
    4. iv) ṣ1.b.ivstates 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.

§3¶2§3¶2ṣ1When the Program is made available in source code form:

  1. a) ṣ1.ait must be made available under this Agreement; and
  2. b) ṣ1.ba copy of this Agreement must be included with each copy of the Program.

§3¶3§3¶3ṣ1Contributors may not remove or alter any copyright notices contained within the Program.

§3¶4§3¶4ṣ1Each 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. §4COMMERCIAL DISTRIBUTION

§4¶1§4¶1ṣ1Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. §4¶1ṣ2While 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. §4¶1ṣ3Therefore, 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. §4¶1ṣ4The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. §4¶1ṣ5In order to qualify, an Indemnified Contributor must:

  1. a) ṣ5.apromptly notify the Commercial Contributor in writing of such claim, and
  2. b) ṣ5.ballow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations.

§4¶1ṣ6The Indemnified Contributor may participate in any such claim at its own expense.

§4¶2§4¶2ṣ1For example, a Contributor might include the Program in a commercial product offering, Product X. §4¶2ṣ2That Contributor is then a Commercial Contributor. §4¶2ṣ3If 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. §4¶2ṣ4Under 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. §5NO WARRANTY

§5¶1§5¶1ṣ1EXCEPT 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. §5¶1ṣ2Each 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. §6DISCLAIMER OF LIABILITY

§6¶1§6¶1ṣ1EXCEPT 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. §7GENERAL

§7¶1§7¶1ṣ1If 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.

§7¶2§7¶2ṣ1If Recipient institutes patent litigation against CPL has additional text here 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.

§7¶3§7¶3ṣ1All 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. §7¶3ṣ2If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. §7¶3ṣ3However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

§7¶4§7¶4ṣ1Everyone 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. §7¶4ṣ2The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. §7¶4ṣ3No one other than the Agreement Steward has the right to modify this Agreement. Highlighted text differs from CPL: §7¶4ṣ4The Eclipse Foundation is the initial Agreement Steward. §7¶4ṣ5The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. §7¶4ṣ6Each new version of the Agreement will be given a distinguishing version number. §7¶4ṣ7The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. §7¶4ṣ8In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. §7¶4ṣ9Except 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. §7¶4ṣ10All rights in the Program not expressly granted under this Agreement are reserved.

§7¶5§7¶5ṣ1This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. §7¶5ṣ2No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. §7¶5ṣ3Each party waives its rights to a jury trial in any resulting litigation.

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