|  | Eclipse Public License - v 2.0 | 
|  |  | 
|  | 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. | 
|  |  | 
|  | 1. DEFINITIONS | 
|  |  | 
|  | "Contribution" means: | 
|  |  | 
|  | a) in the case of the initial Contributor, the initial content | 
|  | Distributed under this Agreement, and | 
|  |  | 
|  | b) in the case of each subsequent Contributor: | 
|  | i) changes to the Program, and | 
|  | ii) additions to the Program; | 
|  | 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. | 
|  |  | 
|  | "Contributor" means any person or entity that Distributes the Program. | 
|  |  | 
|  | "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. | 
|  |  | 
|  | "Program" means the Contributions Distributed in accordance with this | 
|  | Agreement. | 
|  |  | 
|  | "Recipient" means anyone who receives the Program under this Agreement | 
|  | or any Secondary License (as applicable), including Contributors. | 
|  |  | 
|  | "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. | 
|  |  | 
|  | "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. | 
|  |  | 
|  | "Distribute" means the acts of a) distributing or b) making available | 
|  | in any manner that enables the transfer of a copy. | 
|  |  | 
|  | "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. | 
|  |  | 
|  | "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. | 
|  |  | 
|  | 2. GRANT OF RIGHTS | 
|  |  | 
|  | 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. | 
|  |  | 
|  | 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. | 
|  |  | 
|  | 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. | 
|  |  | 
|  | 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. | 
|  |  | 
|  | 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). | 
|  |  | 
|  | 3. REQUIREMENTS | 
|  |  | 
|  | 3.1 If a Contributor Distributes the Program in any form, then: | 
|  |  | 
|  | 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 | 
|  |  | 
|  | b) the Contributor may Distribute the Program under a license | 
|  | different than this Agreement, provided that such license: | 
|  | 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; | 
|  |  | 
|  | 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; | 
|  |  | 
|  | iii) does not attempt to limit or alter the recipients' rights | 
|  | in the Source Code under section 3.2; and | 
|  |  | 
|  | iv) requires any subsequent distribution of the Program by any | 
|  | party to be under a license that satisfies the requirements | 
|  | of this section 3. | 
|  |  | 
|  | 3.2 When the Program is Distributed as Source Code: | 
|  |  | 
|  | 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 | 
|  |  | 
|  | b) a copy of this Agreement must be included with each copy of | 
|  | the Program. | 
|  |  | 
|  | 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. | 
|  |  | 
|  | 4. COMMERCIAL DISTRIBUTION | 
|  |  | 
|  | 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. | 
|  |  | 
|  | 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. | 
|  |  | 
|  | 5. NO WARRANTY | 
|  |  | 
|  | 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. | 
|  |  | 
|  | 6. DISCLAIMER OF LIABILITY | 
|  |  | 
|  | 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. | 
|  |  | 
|  | 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 | 
|  | minimum 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 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. | 
|  |  | 
|  | 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. | 
|  |  | 
|  | 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. | 
|  |  | 
|  | 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. | 
|  |  | 
|  | Exhibit A - Form of Secondary Licenses Notice | 
|  |  | 
|  | "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}." | 
|  |  | 
|  | Simply including a copy of this Agreement, including this Exhibit A | 
|  | is not sufficient to license the Source Code under Secondary Licenses. | 
|  |  | 
|  | 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. | 
|  |  | 
|  | You may add additional accurate notices of copyright ownership. |