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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> |
| </body> |
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