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. |