Common Public License (CPL) -- V1.0

03 May 2005
Updated 16 Apr 2009

As of 25 Feb 2009, IBM has assigned the Agreement Steward role for the
CPL to the Eclipse Foundation. Eclipse has designated the Eclipse Public
License (EPL) as the follow-on version of the CPL.


Eclipse Foundation CPL

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
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 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. In addition, 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. IBM is the initial Agreement Steward. IBM 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.
