APPROVAL REQUEST:
When the Eclipse consortium was first formed in November 2001, IBM's
Common Public License v 1.0 (CPL) was used to license the initial
Eclipse code base as open source. The CPL was already approved by the
OSI at that time as conforming to the Open Source Definition. When
Eclipse evolved into the Eclipse Foundation in February 2004, the
membership of the new Foundation adopted their own open source license,
the Eclipse Public License v 1.0 (EPL). The EPL is based entirely on
the CPL with three differences. The differences between CPL and EPL are
as follows:
1) The removal of Section 7, Paragraph 2, Sentence 1 of the CPL:
"If Recipient institutes patent litigation against a Contributor with
respect to a patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that
Contributor to such Recipient under this Agreement shall terminate as of
the date such litigation is filed."
2) Name changed from "Common..." to "Eclipse Public License" in
title and opening paragraph
3) Agreement Steward changed from IBM to Eclipse Foundation in Sec
7, Para 4, Sent 4.
The Eclipse Foundation has determined that these differences have no
effect on the EPL's conformance to the Open Source Definition, and
respectfully requests OSI Board approval of the EPL.
LICENSE ATTACHMENT, LINK:
Attached is a plain text versions of the EPL.
An HTML version of the EPL can be found at:
http://www.eclipse.org/org/documents/epl-v10.html
SUBMITTED BY:
Mike Rank & Philip Ma - Eclipse Foundation Legal Advisory Committee
Chairship, On Behalf of the Eclipse Foundation Board of Directors
Questions regarding the Eclipse Public License can be directed to:
Mike Rank: [EMAIL PROTECTED]
Philip Ma: [EMAIL PROTECTED]
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.
