Users Guide
● Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and
the like. While this licensesis 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.
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Third party licenses