<!DOCTYPE HTML PUBLIC "-//W3C//DTD XHTML 1.0 Transitional//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd">

<html xmlns="http://www.w3.org/1999/xhtml"><head>

<meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1">

<title>Eclipse Public License - Version 1.0</title>

<style type="text/css">

body {

size: 8.5in 11.0in;

margin: 0.25in 0.5in 0.25in 0.5in;

tab-interval: 0.5in;

}

p {

margin-left: auto;

margin-top: 0.5em;

margin-bottom: 0.5em;

}

p.list {

margin-left: 0.5in;

margin-top: 0.05em;

margin-bottom: 0.05em;

}

</style>

</head><body lang="EN-US">

<h2>Eclipse Public License - v 1.0</h2>

<p>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.</p>

<p><b>1. DEFINITIONS</b></p>

<p>"Contribution" means:</p>

<p class="list">a) in the case of the initial Contributor, the initial

code and documentation distributed under this Agreement, and</p>

<p class="list">b) in the case of each subsequent Contributor:</p>

<p class="list">i) changes to the Program, and</p>

<p class="list">ii) additions to the Program;</p>

<p class="list">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.</p>

<p>"Contributor" means any person or entity that distributes

the Program.</p>

<p>"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.</p>

<p>"Program" means the Contributions distributed in accordance

with this Agreement.</p>

<p>"Recipient" means anyone who receives the Program under

this Agreement, including all Contributors.</p>

<p><b>2. GRANT OF RIGHTS</b></p>

<p class="list">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.</p>

<p class="list">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.</p>

<p class="list">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.</p>

<p class="list">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.</p>

<p><b>3. REQUIREMENTS</b></p>

<p>A Contributor may choose to distribute the Program in object code

form under its own license agreement, provided that:</p>

<p class="list">a) it complies with the terms and conditions of this

Agreement; and</p>

<p class="list">b) its license agreement:</p>

<p class="list">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;</p>

<p class="list">ii) effectively excludes on behalf of all Contributors

all liability for damages, including direct, indirect, special,

incidental and consequential damages, such as lost profits;</p>

<p class="list">iii) states that any provisions which differ from this

Agreement are offered by that Contributor alone and not by any other

party; and</p>

<p class="list">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.</p>

<p>When the Program is made available in source code form:</p>

<p class="list">a) it must be made available under this Agreement; and</p>

<p class="list">b) a copy of this Agreement must be included with each

copy of the Program.</p>

<p>Contributors may not remove or alter any copyright notices contained

within the Program.</p>

<p>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.</p>

<p><b>4. COMMERCIAL DISTRIBUTION</b></p>

<p>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.</p>

<p>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.</p>

<p><b>5. NO WARRANTY</b></p>

<p>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.</p>

<p><b>6. DISCLAIMER OF LIABILITY</b></p>

<p>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.</p>

<p><b>7. GENERAL</b></p>

<p>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.</p>

<p>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.</p>

<p>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.</p>

<p>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.</p>

<p>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.</p>

</body></html>