1Clojure is licensed by the Eclipse Public License, below. 2 3Eclipse Public License, Version 1.0 (EPL-1.0) (plain text) THE ACCOMPANYING 4PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE 5("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM 6CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 7 81. DEFINITIONS 9 10"Contribution" means: 11 12a) in the case of the initial Contributor, the initial code and 13documentation distributed under this Agreement, and b) in the case of each 14subsequent Contributor: i) changes to the Program, and ii) additions to the 15Program; where such changes and/or additions to the Program originate from 16and are distributed by that particular Contributor. A Contribution 17'originates' from a Contributor if it was added to the Program by such 18Contributor itself or anyone acting on such Contributor's behalf. 19Contributions do not include additions to the Program which: (i) are 20separate modules of software distributed in conjunction with the Program 21under their own license agreement, and (ii) are not derivative works of the 22Program. "Contributor" means any person or entity that distributes the 23Program. 24 25"Licensed Patents " mean patent claims licensable by a Contributor which are 26necessarily infringed by the use or sale of its Contribution alone or when 27combined with the Program. 28 29"Program" means the Contributions distributed in accordance with this 30Agreement. 31 32"Recipient" means anyone who receives the Program under this Agreement, 33including all Contributors. 34 352. GRANT OF RIGHTS 36 37a) Subject to the terms of this Agreement, each Contributor hereby grants 38Recipient a non-exclusive, worldwide, royalty-free copyright license to 39reproduce, prepare derivative works of, publicly display, publicly perform, 40distribute and sublicense the Contribution of such Contributor, if any, and 41such derivative works, in source code and object code form. b) Subject to 42the terms of this Agreement, each Contributor hereby grants Recipient a 43non-exclusive, worldwide, royalty-free patent license under Licensed Patents 44to make, use, sell, offer to sell, import and otherwise transfer the 45Contribution of such Contributor, if any, in source code and object code 46form. This patent license shall apply to the combination of the Contribution 47and the Program if, at the time the Contribution is added by the 48Contributor, such addition of the Contribution causes such combination to be 49covered by the Licensed Patents. The patent license shall not apply to any 50other combinations which include the Contribution. No hardware per se is 51licensed hereunder. c) Recipient understands that although each Contributor 52grants the licenses to its Contributions set forth herein, no assurances are 53provided by any Contributor that the Program does not infringe the patent or 54other intellectual property rights of any other entity. Each Contributor 55disclaims any liability to Recipient for claims brought by any other entity 56based on infringement of intellectual property rights or otherwise. As a 57condition to exercising the rights and licenses granted hereunder, each 58Recipient hereby assumes sole responsibility to secure any other 59intellectual property rights needed, if any. For example, if a third party 60patent license is required to allow Recipient to distribute the Program, it 61is Recipient's responsibility to acquire that license before distributing 62the Program. d) Each Contributor represents that to its knowledge it has 63sufficient copyright rights in its Contribution, if any, to grant the 64copyright license set forth in this Agreement. 65 663. REQUIREMENTS 67 68A Contributor may choose to distribute the Program in object code form under 69its own license agreement, provided that: 70 71a) it complies with the terms and conditions of this Agreement; and b) its 72license agreement: i) effectively disclaims on behalf of all Contributors 73all warranties and conditions, express and implied, including warranties or 74conditions of title and non-infringement, and implied warranties or 75conditions of merchantability and fitness for a particular purpose; ii) 76effectively excludes on behalf of all Contributors all liability for 77damages, including direct, indirect, special, incidental and consequential 78damages, such as lost profits; iii) states that any provisions which differ 79from this Agreement are offered by that Contributor alone and not by any 80other party; and iv) states that source code for the Program is available 81from such Contributor, and informs licensees how to obtain it in a 82reasonable manner on or through a medium customarily used for software 83exchange. When the Program is made available in source code form: 84 85a) it must be made available under this Agreement; and b) a copy of this 86Agreement must be included with each copy of the Program. Contributors may 87not remove or alter any copyright notices contained within the Program. Each 88Contributor must identify itself as the originator of its Contribution, if 89any, in a manner that reasonably allows subsequent Recipients to identify 90the originator of the Contribution. 91 924. COMMERCIAL DISTRIBUTION 93 94Commercial distributors of software may accept certain responsibilities with 95respect to end users, business partners and the like. While this license is 96intended to facilitate the commercial use of the Program, the Contributor 97who includes the Program in a commercial product offering should do so in a 98manner which does not create potential liability for other Contributors. 99Therefore, if a Contributor includes the Program in a commercial product 100offering, such Contributor ("Commercial Contributor") hereby agrees to 101defend and indemnify every other Contributor ("Indemnified Contributor") 102against any losses, damages and costs (collectively "Losses") arising from 103claims, lawsuits and other legal actions brought by a third party against 104the Indemnified Contributor to the extent caused by the acts or omissions of 105such Commercial Contributor in connection with its distribution of the 106Program in a commercial product offering. The obligations in this section do 107not apply to any claims or Losses relating to any actual or alleged 108intellectual property infringement. In order to qualify, an Indemnified 109Contributor must: a) promptly notify the Commercial Contributor in writing 110of such claim, and b) allow the Commercial Contributor to control, and 111cooperate with the Commercial Contributor in, the defense and any related 112settlement negotiations. The Indemnified Contributor may participate in any 113such claim at its own expense. 114 115For example, a Contributor might include the Program in a commercial product 116offering, Product X. That Contributor is then a Commercial Contributor. If 117that Commercial Contributor then makes performance claims, or offers 118warranties related to Product X, those performance claims and warranties are 119such Commercial Contributor's responsibility alone. Under this section, the 120Commercial Contributor would have to defend claims against the other 121Contributors related to those performance claims and warranties, and if a 122court requires any other Contributor to pay any damages as a result, the 123Commercial Contributor must pay those damages. 124 1255. NO WARRANTY 126 127EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON 128AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER 129EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR 130CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A 131PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the 132appropriateness of using and distributing the Program and assumes all risks 133associated with its exercise of rights under this Agreement , including but 134not limited to the risks and costs of program errors, compliance with 135applicable laws, damage to or loss of data, programs or equipment, and 136unavailability or interruption of operations. 137 1386. DISCLAIMER OF LIABILITY 139 140EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY 141CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, 142SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION 143LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN 144CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) 145ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE 146EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY 147OF SUCH DAMAGES. 148 1497. GENERAL 150 151If any provision of this Agreement is invalid or unenforceable under 152applicable law, it shall not affect the validity or enforceability of the 153remainder of the terms of this Agreement, and without further action by the 154parties hereto, such provision shall be reformed to the minimum extent 155necessary to make such provision valid and enforceable. 156 157If Recipient institutes patent litigation against any entity (including a 158cross-claim or counterclaim in a lawsuit) alleging that the Program itself 159(excluding combinations of the Program with other software or hardware) 160infringes such Recipient's patent(s), then such Recipient's rights granted 161under Section 2(b) shall terminate as of the date such litigation is filed. 162 163All Recipient's rights under this Agreement shall terminate if it fails to 164comply with any of the material terms or conditions of this Agreement and 165does not cure such failure in a reasonable period of time after becoming 166aware of such noncompliance. If all Recipient's rights under this Agreement 167terminate, Recipient agrees to cease use and distribution of the Program as 168soon as reasonably practicable. However, Recipient's obligations under this 169Agreement and any licenses granted by Recipient relating to the Program 170shall continue and survive. 171 172Everyone is permitted to copy and distribute copies of this Agreement, but 173in order to avoid inconsistency the Agreement is copyrighted and may only be 174modified in the following manner. The Agreement Steward reserves the right 175to publish new versions (including revisions) of this Agreement from time to 176time. No one other than the Agreement Steward has the right to modify this 177Agreement. The Eclipse Foundation is the initial Agreement Steward. The 178Eclipse Foundation may assign the responsibility to serve as the Agreement 179Steward to a suitable separate entity. Each new version of the Agreement 180will be given a distinguishing version number. The Program (including 181Contributions) may always be distributed subject to the version of the 182Agreement under which it was received. In addition, after a new version of 183the Agreement is published, Contributor may elect to distribute the Program 184(including its Contributions) under the new version. Except as expressly 185stated in Sections 2(a) and 2(b) above, Recipient receives no rights or 186licenses to the intellectual property of any Contributor under this 187Agreement, whether expressly, by implication, estoppel or otherwise. All 188rights in the Program not expressly granted under this Agreement are 189reserved. 190 191This Agreement is governed by the laws of the State of New York and the 192intellectual property laws of the United States of America. No party to this 193Agreement will bring a legal action under this Agreement more than one year 194after the cause of action arose. Each party waives its rights to a jury 195trial in any resulting litigation. 196