Inhaltsverzeichnis
Werbung
Further Licenses
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibili-
ties with respect to end users, business partners and the like. While
this license is intended to facilitate the commercial use of the Pro-
gram, the Contributor who includes the Program in a commercial pro-
duct 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 Contri-
butor ("Commercial Contributor") hereby agrees to defend and in-
demnify 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 rela-
ting to any actual or alleged intellectual property infringement. In or-
der 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 Commer-
cial Contributor in, the defense and any related settlement negotiati-
ons. The Indemnified Contributor may participate in any such claim at
its own expense.
For example, a Contributor might include the Program in a commer-
cial product offering, Product X. That Contributor is then a Commer-
cial Contributor. If that Commercial Contributor then makes
performance claims, or offers warranties related to Product X, those
performance claims and warranties are such Commercial Contribu-
tor's responsibility alone. Under this section, the Commercial Contri-
butor would have to defend claims against the other Contributors
related to those performance claims and warranties, and if a court re-
quires any other Contributor to pay any damages as a result, the Com-
mercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PRO-
GRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES
OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED IN-
CLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITI-
ONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely re-
sponsible for determining the appropriateness of using and distribu-
ting 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 inter-
ruption 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 LIABI-
LITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLU-
DING 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.
38
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 mini-
mum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Program it-
self (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 be-
coming aware of such noncompliance. If all Recipient's rights under
this Agreement terminate, Recipient agrees to cease use and distri-
bution of the Program as soon as reasonably practicable. However,
Recipient's obligations under this Agreement and any licenses gran-
ted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agree-
ment, but in order to avoid inconsistency the Agreement is copyright-
ed and may only be modified in the following manner. The Agreement
Steward reserves the right to publish new versions (including revisi-
ons) of this Agreement from time to time. No one other than the Ag-
reement 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 Con-
tributions) may always be distributed subject to the version of the Ag-
reement 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. Ex-
cept as expressly stated in Sections 2(a) and 2(b) above, Recipient
receives no rights or licenses to the intellectual property of any Con-
tributor under this Agreement, whether expressly, by implication, es-
toppel 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 par-
ty 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.
MH 200-1 – 6721841587 (2021/11)
Werbung
Inhaltsverzeichnis
