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' froma Contributor if it was added to the Program by such Contributor itself oranyone acting on such Contributor's behalf. Contributions do not includeadditions to the Program which: (i) are separate modules of softwaredistributed in conjunction with the Program under their own licenseagreement, 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 this Agreement."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, publicly perform,distribute and sublicense the Contribution of such Contributor, if any, andsuch 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 of theContribution and the Program if, at the time the Contribution is added bythe Contributor, such addition of the Contribution causes such combinationto be covered by the Licensed Patents. The patent license shall not applyto any other combinations which include the Contribution. No hardware perse is licensed hereunder.c) Recipient understands that although each Contributor grants the licenses toits 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 other entitybased on infringement of intellectual property rights or otherwise. As acondition to exercising the rights and licenses granted hereunder, eachRecipient hereby assumes sole responsibility to secure any otherintellectual property rights needed, if any. For example, if a third partypatent license is required to allow Recipient to distribute the Program, itis Recipient's responsibility to acquire that license before distributingthe 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 under itsown 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 warranties andconditions, express and implied, including warranties or conditions oftitle and non-infringement, and implied warranties or conditions ofmerchantability 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 are offeredby 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 contained withinthe 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, ifa 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, damagesand costs (collectively "Losses") arising from claims, lawsuits and other legalactions brought by a third party against the Indemnified Contributor to theextent caused by the acts or omissions of such Commercial Contributor inconnection with its distribution of the Program in a commercial productoffering. The obligations in this section do not apply to any claims or Lossesrelating to any actual or alleged intellectual property infringement. In orderto qualify, an Indemnified Contributor must: a) promptly notify the CommercialContributor in writing of such claim, and b) allow the Commercial Contributor tocontrol, and cooperate with the Commercial Contributor in, the defense and anyrelated settlement negotiations. The Indemnified Contributor may participate inany such claim at its own expense.For example, a Contributor might include the Program in a commercial productoffering, Product X. That Contributor is then a Commercial Contributor. If thatCommercial Contributor then makes performance claims, or offers warrantiesrelated to Product X, those performance claims and warranties are suchCommercial 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 a courtrequires any other Contributor to pay any damages as a result, the CommercialContributor 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 using anddistributing the Program and assumes all risks associated with its exercise ofrights under this Agreement , including but not limited to the risks and costsof program errors, compliance with applicable laws, damage to or loss of data,programs or equipment, and unavailability or interruption of operations.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 LIMITATION LOSTPROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAYOUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTSGRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.7. GENERALIf any provision of this Agreement is invalid or unenforceable under applicablelaw, it shall not affect the validity or enforceability of the remainder of theterms of this Agreement, and without further action by the parties hereto, suchprovision shall be reformed to the minimum extent necessary to make suchprovision 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 granted underSection 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 continue andsurvive.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 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 Foundationmay assign the responsibility to serve as the Agreement Steward to a suitableseparate entity. Each new version of the Agreement will be given adistinguishing version number. The Program (including Contributions) may alwaysbe distributed subject to the version of the Agreement under which it wasreceived. 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 ofany Contributor under this Agreement, whether expressly, by implication,estoppel or otherwise. All rights in the Program not expressly granted underthis 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.