Owners Manual

Eclipse Public License - v 1.0
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
70
Third party licenses