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.