| 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. |