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Further Licenses
11.3
EPL-1.0 License
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF
THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRO-
DUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECI-
PIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documen-
tation 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 'ori-
ginates' from a Contributor if it was added to the Program by such
Contributor itself or anyone acting on such Contributor's behalf. Con-
tributions do not include additions to the Program which: (i) are se-
parate modules of software distributed in conjunction with the
Program under their own license agreement, and (ii) are not derivati-
ve 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 Ag-
reement, 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 li-
cense to reproduce, prepare derivative works of, publicly display, pu-
blicly perform, distribute and sublicense the Contribution of such
Contributor, if any, and such derivative works, in source code and ob-
ject code form.
b) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free patent li-
cense under Licensed Patents to make, use, sell, offer to sell, import
and otherwise transfer the Contribution of such Contributor, if any,
insource 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 her-
eunder.
c) Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are pro-
vided by any Contributor that the Program does not infringe the pa-
tent 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 responsibi-
lity 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 licen-
se set forth in this Agreement.
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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 forda-
mages, including direct, indirect, special, incidental and consequen-
tial damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are of-
fered 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 ex-
change.
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 Contribu-
tion, 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 responsibili-
ties with respect to end users, business partners and the like. While
this license is intended to facilitate the commercial use of the Pro-
gram, the Contributor who includes the Program in a commercial pro-
duct 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 Contri-
butor ("Commercial Contributor") hereby agrees to defend and in-
demnify 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 rela-
ting to any actual or alleged intellectual property infringement. In or-
der 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 Commer-
cial Contributor in, the defense and any related settlement negotiati-
ons. The Indemnified Contributor may participate in any such claim at
its own expense.
For example, a Contributor might include the Program in a commer-
cial product offering, Product X. That Contributor is then a Commer-
cial Contributor. If that Commercial Contributor then makes
performance claims, or offers warranties related to Product X, those
performance claims and warranties are such Commercial Contribu-
tor's responsibility alone. Under this section, the Commercial Contri-
butor would have to defend claims against the other Contributors
related to those performance claims and warranties, and if a court re-
quires any other Contributor to pay any damages as a result, the Com-
mercial Contributor must pay those damages.
MH 200 – 6721826270 (2020/08)
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