This commercially-friendly copyleft license provides the ability to commercially license binaries; a modern royalty-free patent license grant; and the ability for linked works to use other licenses, including commercial ones.
Eclipse Public License - v 1.0THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLICLICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAMCONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.1. DEFINITIONS"Contribution" means:a) in the case of the initial Contributor, the initial code and documentationdistributed under this Agreement, andb) in the case of each subsequent Contributor:i) changes to the Program, andii) additions to the Program;where such changes and/or additions to the Program originate from and aredistributed by that particular Contributor. A Contribution 'originates'from a Contributor if it was added to the Program by such Contributoritself or anyone acting on such Contributor's behalf. Contributions do notinclude additions to the Program which: (i) are separate modules ofsoftware distributed in conjunction with the Program under their ownlicense 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 arenecessarily infringed by the use or sale of its Contribution alone or whencombined with the Program."Program" means the Contributions distributed in accordance with thisAgreement."Recipient" means anyone who receives the Program under this Agreement,including all Contributors.2. GRANT OF RIGHTSa) Subject to the terms of this Agreement, each Contributor hereby grantsRecipient a non-exclusive, worldwide, royalty-free copyright license toreproduce, prepare derivative works of, publicly display, publiclyperform, 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 grantsRecipient a non-exclusive, worldwide, royalty-free patent license underLicensed Patents to make, use, sell, offer to sell, import and otherwisetransfer the Contribution of such Contributor, if any, in source code andobject code form. This patent license shall apply to the combination ofthe Contribution and the Program if, at the time the Contribution isadded by the Contributor, such addition of the Contribution causes suchcombination to be covered by the Licensed Patents. The patent licenseshall 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 licensesto its Contributions set forth herein, no assurances are provided by anyContributor that the Program does not infringe the patent or otherintellectual property rights of any other entity. Each Contributordisclaims any liability to Recipient for claims brought by any otherentity based on infringement of intellectual property rights orotherwise. As a condition to exercising the rights and licenses grantedhereunder, each Recipient hereby assumes sole responsibility to secureany other intellectual property rights needed, if any. For example, if athird party patent license is required to allow Recipient to distributethe Program, it is Recipient's responsibility to acquire that licensebefore distributing the Program.d) Each Contributor represents that to its knowledge it has sufficientcopyright rights in its Contribution, if any, to grant the copyrightlicense set forth in this Agreement.3. REQUIREMENTSA Contributor may choose to distribute the Program in object code form underits own license agreement, provided that:a) it complies with the terms and conditions of this Agreement; andb) its license agreement:i) effectively disclaims on behalf of all Contributors all warrantiesand conditions, express and implied, including warranties orconditions of title and non-infringement, and implied warranties orconditions of merchantability and fitness for a particular purpose;ii) effectively excludes on behalf of all Contributors all liability fordamages, including direct, indirect, special, incidental andconsequential damages, such as lost profits;iii) states that any provisions which differ from this Agreement areoffered by that Contributor alone and not by any other party; andiv) states that source code for the Program is available from suchContributor, and informs licensees how to obtain it in a reasonablemanner 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; andb) a copy of this Agreement must be included with each copy of the Program.Contributors may not remove or alter any copyright notices containedwithin the Program.Each Contributor must identify itself as the originator of its Contribution,ifany, in a manner that reasonably allows subsequent Recipients to identify theoriginator of the Contribution.4. COMMERCIAL DISTRIBUTIONCommercial distributors of software may accept certain responsibilities withrespect to end users, business partners and the like. While this license isintended to facilitate the commercial use of the Program, the Contributor whoincludes the Program in a commercial product offering should do so in a mannerwhich does not create potential liability for other Contributors. Therefore,if a Contributor includes the Program in a commercial product offering, suchContributor ("Commercial Contributor") hereby agrees to defend and indemnifyevery other Contributor ("Indemnified Contributor") against any losses,damages and costs (collectively "Losses") arising from claims, lawsuits andother legal actions brought by a third party against the IndemnifiedContributor to the extent caused by the acts or omissions of such CommercialContributor in connection with its distribution of the Program in a commercialproduct offering. The obligations in this section do not apply to any claimsor Losses relating to any actual or alleged intellectual propertyinfringement. In order to qualify, an Indemnified Contributor must:a) promptly notify the Commercial Contributor in writing of such claim, andb) allow the Commercial Contributor to control, and cooperate with theCommercial Contributor in, the defense and any related settlementnegotiations. The Indemnified Contributor may participate in any such claim atits own expense.For example, a Contributor might include the Program in a commercial productoffering, Product X. That Contributor is then a Commercial Contributor. Ifthat Commercial Contributor then makes performance claims, or offerswarranties related to Product X, those performance claims and warranties aresuch Commercial Contributor's responsibility alone. Under this section, theCommercial Contributor would have to defend claims against the otherContributors related to those performance claims and warranties, and if acourt requires any other Contributor to pay any damages as a result, theCommercial Contributor must pay those damages.5. NO WARRANTYEXCEPT 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 ORIMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EachRecipient is solely responsible for determining the appropriateness of usingand distributing the Program and assumes all risks associated with itsexercise of rights under this Agreement , including but not limited to therisks and costs of program errors, compliance with applicable laws, damage toor loss of data, programs or equipment, and unavailability or interruption ofoperations.6. DISCLAIMER OF LIABILITYEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANYCONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATIONLOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER INCONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THEEXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITYOF SUCH DAMAGES.7. GENERALIf any provision of this Agreement is invalid or unenforceable underapplicable law, it shall not affect the validity or enforceability of theremainder of the terms of this Agreement, and without further action by theparties hereto, such provision shall be reformed to the minimum extentnecessary to make such provision valid and enforceable.If Recipient institutes patent litigation against any entity (including across-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 grantedunder 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 tocomply with any of the material terms or conditions of this Agreement and doesnot cure such failure in a reasonable period of time after becoming aware ofsuch noncompliance. If all Recipient's rights under this Agreement terminate,Recipient agrees to cease use and distribution of the Program as soon asreasonably practicable. However, Recipient's obligations under this Agreementand any licenses granted by Recipient relating to the Program shall continueand survive.Everyone is permitted to copy and distribute copies of this Agreement, but inorder to avoid inconsistency the Agreement is copyrighted and may only bemodified in the following manner. The Agreement Steward reserves the right topublish new versions (including revisions) of this Agreement from time totime. No one other than the Agreement Steward has the right to modify thisAgreement. The Eclipse Foundation is the initial Agreement Steward. TheEclipse Foundation may assign the responsibility to serve as the AgreementSteward to a suitable separate entity. Each new version of the Agreement willbe given a distinguishing version number. The Program (includingContributions) may always be distributed subject to the version of theAgreement under which it was received. In addition, after a new version of theAgreement is published, Contributor may elect to distribute the Program(including its Contributions) under the new version. Except as expresslystated in Sections 2(a) and 2(b) above, Recipient receives no rights orlicenses to the intellectual property of any Contributor under this Agreement,whether expressly, by implication, estoppel or otherwise. All rights in theProgram not expressly granted under this Agreement are reserved.This Agreement is governed by the laws of the State of New York and theintellectual property laws of the United States of America. No party to thisAgreement will bring a legal action under this Agreement more than one yearafter the cause of action arose. Each party waives its rights to a jury trial inany resulting litigation.