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<h1>Eclipse Public License - v 2.0</h1> | |
<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE | |
PUBLIC LICENSE (“AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION | |
OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. | |
</p> | |
<h2 id="definitions">1. DEFINITIONS</h2> | |
<p>“Contribution” means:</p> | |
<ul> | |
<li>a) in the case of the initial Contributor, the initial content | |
Distributed under this Agreement, and | |
</li> | |
<li> | |
b) in the case of each subsequent Contributor: | |
<ul> | |
<li>i) changes to the Program, and</li> | |
<li>ii) additions to the Program;</li> | |
</ul> | |
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 changes or additions to the Program that | |
are not Modified Works. | |
</li> | |
</ul> | |
<p>“Contributor” means any person or entity that Distributes the Program.</p> | |
<p>“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. | |
</p> | |
<p>“Program” means the Contributions Distributed in accordance with this | |
Agreement. | |
</p> | |
<p>“Recipient” means anyone who receives the Program under this Agreement | |
or any Secondary License (as applicable), including Contributors. | |
</p> | |
<p>“Derivative Works” shall mean any work, whether in Source Code or other | |
form, that is based on (or derived from) the Program and for which the | |
editorial revisions, annotations, elaborations, or other modifications | |
represent, as a whole, an original work of authorship. | |
</p> | |
<p>“Modified Works” shall mean any work in Source Code or other form that | |
results from an addition to, deletion from, or modification of the | |
contents of the Program, including, for purposes of clarity any new file | |
in Source Code form that contains any contents of the Program. Modified | |
Works shall not include works that contain only declarations, interfaces, | |
types, classes, structures, or files of the Program solely in each case | |
in order to link to, bind by name, or subclass the Program or Modified | |
Works thereof. | |
</p> | |
<p>“Distribute” means the acts of a) distributing or b) making available | |
in any manner that enables the transfer of a copy. | |
</p> | |
<p>“Source Code” means the form of a Program preferred for making | |
modifications, including but not limited to software source code, | |
documentation source, and configuration files. | |
</p> | |
<p>“Secondary License” means either the GNU General Public License, | |
Version 2.0, or any later versions of that license, including any | |
exceptions or additional permissions as identified by the initial | |
Contributor. | |
</p> | |
<h2 id="grant-of-rights">2. GRANT OF RIGHTS</h2> | |
<ul> | |
<li>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. | |
</li> | |
<li>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 or other 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. | |
</li> | |
<li>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. | |
</li> | |
<li>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. | |
</li> | |
<li>e) Notwithstanding the terms of any Secondary License, no Contributor | |
makes additional grants to any Recipient (other than those set forth | |
in this Agreement) as a result of such Recipient's receipt of the | |
Program under the terms of a Secondary License (if permitted under | |
the terms of Section 3). | |
</li> | |
</ul> | |
<h2 id="requirements">3. REQUIREMENTS</h2> | |
<p>3.1 If a Contributor Distributes the Program in any form, then:</p> | |
<ul> | |
<li>a) the Program must also be made available as Source Code, in | |
accordance with section 3.2, and the Contributor must accompany | |
the Program with a statement that the Source Code for the Program | |
is available under this Agreement, and informs Recipients how to | |
obtain it in a reasonable manner on or through a medium customarily | |
used for software exchange; and | |
</li> | |
<li> | |
b) the Contributor may Distribute the Program under a license | |
different than this Agreement, provided that such license: | |
<ul> | |
<li>i) effectively disclaims on behalf of all other 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; | |
</li> | |
<li>ii) effectively excludes on behalf of all other Contributors all | |
liability for damages, including direct, indirect, special, incidental | |
and consequential damages, such as lost profits; | |
</li> | |
<li>iii) does not attempt to limit or alter the recipients' rights in the | |
Source Code under section 3.2; and | |
</li> | |
<li>iv) requires any subsequent distribution of the Program by any party | |
to be under a license that satisfies the requirements of this section 3. | |
</li> | |
</ul> | |
</li> | |
</ul> | |
<p>3.2 When the Program is Distributed as Source Code:</p> | |
<ul> | |
<li>a) it must be made available under this Agreement, or if the Program (i) | |
is combined with other material in a separate file or files made available | |
under a Secondary License, and (ii) the initial Contributor attached to | |
the Source Code the notice described in Exhibit A of this Agreement, | |
then the Program may be made available under the terms of such | |
Secondary Licenses, and | |
</li> | |
<li>b) a copy of this Agreement must be included with each copy of the Program.</li> | |
</ul> | |
<p>3.3 Contributors may not remove or alter any copyright, patent, trademark, | |
attribution notices, disclaimers of warranty, or limitations of liability | |
(‘notices’) contained within the Program from any copy of the Program which | |
they Distribute, provided that Contributors may add their own appropriate | |
notices. | |
</p> | |
<h2 id="commercial-distribution">4. COMMERCIAL DISTRIBUTION</h2> | |
<p>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. | |
</p> | |
<p>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. | |
</p> | |
<h2 id="warranty">5. NO WARRANTY</h2> | |
<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED | |
BY APPLICABLE LAW, 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. | |
</p> | |
<h2 id="disclaimer">6. DISCLAIMER OF LIABILITY</h2> | |
<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED | |
BY APPLICABLE LAW, 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. | |
</p> | |
<h2 id="general">7. GENERAL</h2> | |
<p>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. | |
</p> | |
<p>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. | |
</p> | |
<p>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. | |
</p> | |
<p>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. 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 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. | |
</p> | |
<p>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. Nothing in this Agreement is intended | |
to be enforceable by any entity that is not a Contributor or Recipient. | |
No third-party beneficiary rights are created under this Agreement. | |
</p> | |
<h2 id="exhibit-a">Exhibit A – Form of Secondary Licenses Notice</h2> | |
<p>“This Source Code may also be made available under the following | |
Secondary Licenses when the conditions for such availability set forth | |
in the Eclipse Public License, v. 2.0 are satisfied: {name license(s), | |
version(s), and exceptions or additional permissions here}.” | |
</p> | |
<blockquote> | |
<p>Simply including a copy of this Agreement, including this Exhibit A | |
is not sufficient to license the Source Code under Secondary Licenses. | |
</p> | |
<p>If it is not possible or desirable to put the notice in a particular file, | |
then You may include the notice in a location (such as a LICENSE file in a | |
relevant directory) where a recipient would be likely to look for | |
such a notice. | |
</p> | |
<p>You may add additional accurate notices of copyright ownership.</p> | |
</blockquote> | |
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