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: | |
o i) changes to the Program, and | |
o 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: | |
o 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; | |
o 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; | |
o iii) does not attempt to limit or alter the recipients' rights | |
in the Source Code under section 3.2; and | |
o 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. |