Blame - plugins/org.eclipse.app4mc.multicore.sharelibs/epl-2.0.html - app4mc/org.eclipse.app4mc

Harald Mackamul

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<h1>Eclipse Public License - v 2.0</h1>

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<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE

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PUBLIC LICENSE (“AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION

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OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

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</p>

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<h2 id="definitions">1. DEFINITIONS</h2>

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<p>“Contribution” means:</p>

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<ul>

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<li>a) in the case of the initial Contributor, the initial content

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Distributed under this Agreement, and

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</li>

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<li>

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b) in the case of each subsequent Contributor:

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<ul>

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<li>i) changes to the Program, and</li>

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<li>ii) additions to the Program;</li>

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</ul>

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where such changes and/or additions to the Program originate from

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and are Distributed by that particular Contributor. A Contribution

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“originates” from a Contributor if it was added to the Program by such

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Contributor itself or anyone acting on such Contributor's behalf.

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Contributions do not include changes or additions to the Program that

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are not Modified Works.

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</li>

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</ul>

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<p>“Contributor” means any person or entity that Distributes the Program.</p>

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<p>“Licensed Patents” mean patent claims licensable by a Contributor which

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are necessarily infringed by the use or sale of its Contribution alone

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or when combined with the Program.

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</p>

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<p>“Program” means the Contributions Distributed in accordance with this

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Agreement.

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</p>

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<p>“Recipient” means anyone who receives the Program under this Agreement

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or any Secondary License (as applicable), including Contributors.

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</p>

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<p>“Derivative Works” shall mean any work, whether in Source Code or other

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form, that is based on (or derived from) the Program and for which the

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editorial revisions, annotations, elaborations, or other modifications

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represent, as a whole, an original work of authorship.

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</p>

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<p>“Modified Works” shall mean any work in Source Code or other form that

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results from an addition to, deletion from, or modification of the

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contents of the Program, including, for purposes of clarity any new file

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in Source Code form that contains any contents of the Program. Modified

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Works shall not include works that contain only declarations, interfaces,

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types, classes, structures, or files of the Program solely in each case

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in order to link to, bind by name, or subclass the Program or Modified

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Works thereof.

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</p>

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<p>“Distribute” means the acts of a) distributing or b) making available

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in any manner that enables the transfer of a copy.

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</p>

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<p>“Source Code” means the form of a Program preferred for making

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modifications, including but not limited to software source code,

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documentation source, and configuration files.

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</p>

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<p>“Secondary License” means either the GNU General Public License,

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Version 2.0, or any later versions of that license, including any

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exceptions or additional permissions as identified by the initial

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Contributor.

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</p>

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<h2 id="grant-of-rights">2. GRANT OF RIGHTS</h2>

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<ul>

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<li>a) Subject to the terms of this Agreement, each Contributor hereby

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grants Recipient a non-exclusive, worldwide, royalty-free copyright

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license to reproduce, prepare Derivative Works of, publicly display,

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publicly perform, Distribute and sublicense the Contribution of such

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Contributor, if any, and such Derivative Works.

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</li>

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<li>b) Subject to the terms of this Agreement, each Contributor hereby

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grants Recipient a non-exclusive, worldwide, royalty-free patent

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license under Licensed Patents to make, use, sell, offer to sell,

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import and otherwise transfer the Contribution of such Contributor,

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if any, in Source Code or other form. This patent license shall

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apply to the combination of the Contribution and the Program if,

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at the time the Contribution is added by the Contributor, such

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addition of the Contribution causes such combination to be covered

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by the Licensed Patents. The patent license shall not apply to any

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other combinations which include the Contribution. No hardware per

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se is licensed hereunder.

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</li>

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<li>c) Recipient understands that although each Contributor grants the

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licenses to its Contributions set forth herein, no assurances are

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provided by any Contributor that the Program does not infringe the

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patent or other intellectual property rights of any other entity.

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Each Contributor disclaims any liability to Recipient for claims

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brought by any other entity based on infringement of intellectual

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property rights or otherwise. As a condition to exercising the rights

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and licenses granted hereunder, each Recipient hereby assumes sole

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responsibility to secure any other intellectual property rights needed,

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if any. For example, if a third party patent license is required to

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allow Recipient to Distribute the Program, it is Recipient's

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responsibility to acquire that license before distributing the Program.

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</li>

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<li>d) Each Contributor represents that to its knowledge it has sufficient

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copyright rights in its Contribution, if any, to grant the copyright

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license set forth in this Agreement.

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</li>

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<li>e) Notwithstanding the terms of any Secondary License, no Contributor

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makes additional grants to any Recipient (other than those set forth

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in this Agreement) as a result of such Recipient's receipt of the

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Program under the terms of a Secondary License (if permitted under

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the terms of Section 3).

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</li>

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</ul>

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<h2 id="requirements">3. REQUIREMENTS</h2>

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<p>3.1 If a Contributor Distributes the Program in any form, then:</p>

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<ul>

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<li>a) the Program must also be made available as Source Code, in

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accordance with section 3.2, and the Contributor must accompany

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the Program with a statement that the Source Code for the Program

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is available under this Agreement, and informs Recipients how to

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obtain it in a reasonable manner on or through a medium customarily

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used for software exchange; and

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</li>

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<li>

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b) the Contributor may Distribute the Program under a license

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different than this Agreement, provided that such license:

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<ul>

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<li>i) effectively disclaims on behalf of all other Contributors all

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warranties and conditions, express and implied, including warranties

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or conditions of title and non-infringement, and implied warranties

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or conditions of merchantability and fitness for a particular purpose;

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</li>

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<li>ii) effectively excludes on behalf of all other Contributors all

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liability for damages, including direct, indirect, special, incidental

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and consequential damages, such as lost profits;

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</li>

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<li>iii) does not attempt to limit or alter the recipients' rights in the

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Source Code under section 3.2; and

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</li>

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<li>iv) requires any subsequent distribution of the Program by any party

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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>

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<ul>

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<li>a) it must be made available under this Agreement, or if the Program (i)

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is combined with other material in a separate file or files made available

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under a Secondary License, and (ii) the initial Contributor attached to

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the Source Code the notice described in Exhibit A of this Agreement,

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then the Program may be made available under the terms of such

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Secondary Licenses, and

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</li>

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<li>b) a copy of this Agreement must be included with each copy of the Program.</li>

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</ul>

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<p>3.3 Contributors may not remove or alter any copyright, patent, trademark,

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attribution notices, disclaimers of warranty, or limitations of liability

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(‘notices’) contained within the Program from any copy of the Program which

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they Distribute, provided that Contributors may add their own appropriate

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notices.

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</p>

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<h2 id="commercial-distribution">4. COMMERCIAL DISTRIBUTION</h2>

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<p>Commercial distributors of software may accept certain responsibilities

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with respect to end users, business partners and the like. While this

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license is intended to facilitate the commercial use of the Program, the

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Contributor who includes the Program in a commercial product offering should

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do so in a manner which does not create potential liability for other

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Contributors. Therefore, if a Contributor includes the Program in a

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commercial product offering, such Contributor (“Commercial Contributor”)

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hereby agrees to defend and indemnify every other Contributor

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(“Indemnified Contributor”) against any losses, damages and costs

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(collectively “Losses”) arising from claims, lawsuits and other legal actions

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brought by a third party against the Indemnified Contributor to the extent

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caused by the acts or omissions of such Commercial Contributor in connection

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with its distribution of the Program in a commercial product offering.

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The obligations in this section do not apply to any claims or Losses relating

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to any actual or alleged intellectual property infringement. In order to

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qualify, an Indemnified Contributor must: a) promptly notify the

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Commercial Contributor in writing of such claim, and b) allow the Commercial

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Contributor to control, and cooperate with the Commercial Contributor in,

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the defense and any related settlement negotiations. The Indemnified

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Contributor may participate in any such claim at its own expense.

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</p>

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<p>For example, a Contributor might include the Program

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in a commercial product offering, Product X. That Contributor is then a

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Commercial Contributor. If that Commercial Contributor then makes performance

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claims, or offers warranties related to Product X, those performance claims

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and warranties are such Commercial Contributor's responsibility alone.

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Under this section, the Commercial Contributor would have to defend claims

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against the other Contributors related to those performance claims and

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warranties, and if a court requires any other Contributor to pay any damages

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as a result, the Commercial Contributor must pay those damages.

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</p>

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<h2 id="warranty">5. NO WARRANTY</h2>

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<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED

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BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT

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WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,

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WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,

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MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is

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solely responsible for determining the appropriateness of using and

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distributing the Program and assumes all risks associated with its

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exercise of rights under this Agreement, including but not limited to the

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risks and costs of program errors, compliance with applicable laws, damage

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to or loss of data, programs or equipment, and unavailability or

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interruption of operations.

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</p>

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<h2 id="disclaimer">6. DISCLAIMER OF LIABILITY</h2>

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<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED

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BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY

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LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,

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OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS),

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HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

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LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

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OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS

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GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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</p>

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<h2 id="general">7. GENERAL</h2>

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<p>If any provision of this Agreement is invalid or unenforceable under

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applicable law, it shall not affect the validity or enforceability of the

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remainder of the terms of this Agreement, and without further action by the

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parties hereto, such provision shall be reformed to the minimum extent

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necessary to make such provision valid and enforceable.

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</p>

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<p>If Recipient institutes patent litigation against any entity (including a

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cross-claim or counterclaim in a lawsuit) alleging that the Program itself

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(excluding combinations of the Program with other software or hardware)

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infringes such Recipient's patent(s), then such Recipient's rights granted

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under Section 2(b) shall terminate as of the date such litigation is filed.

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</p>

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<p>All Recipient's rights under this Agreement shall terminate if it fails to

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comply with any of the material terms or conditions of this Agreement and

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does not cure such failure in a reasonable period of time after becoming

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aware of such noncompliance. If all Recipient's rights under this Agreement

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terminate, Recipient agrees to cease use and distribution of the Program

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as soon as reasonably practicable. However, Recipient's obligations under

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this Agreement and any licenses granted by Recipient relating to the

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Program shall continue and survive.

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</p>

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<p>Everyone is permitted to copy and distribute copies of this Agreement,

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but in order to avoid inconsistency the Agreement is copyrighted and may

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only be modified in the following manner. The Agreement Steward reserves

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the right to publish new versions (including revisions) of this Agreement

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from time to time. No one other than the Agreement Steward has the right

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to modify this Agreement. The Eclipse Foundation is the initial Agreement

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Steward. The Eclipse Foundation may assign the responsibility to serve as

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the Agreement Steward to a suitable separate entity. Each new version of

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the Agreement will be given a distinguishing version number. The Program

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(including Contributions) may always be Distributed subject to the version

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of the Agreement under which it was received. In addition, after a new

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version of the Agreement is published, Contributor may elect to Distribute

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the Program (including its Contributions) under the new version.

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</p>

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<p>Except as expressly stated in Sections 2(a) and 2(b) above, Recipient

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receives no rights or licenses to the intellectual property of any

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Contributor under this Agreement, whether expressly, by implication,

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estoppel or otherwise. All rights in the Program not expressly granted

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under this Agreement are reserved. Nothing in this Agreement is intended

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to be enforceable by any entity that is not a Contributor or Recipient.

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No third-party beneficiary rights are created under this Agreement.

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</p>

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<h2 id="exhibit-a">Exhibit A – Form of Secondary Licenses Notice</h2>

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<p>“This Source Code may also be made available under the following

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Secondary Licenses when the conditions for such availability set forth

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in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),

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version(s), and exceptions or additional permissions here}.”

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</p>

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<p>Simply including a copy of this Agreement, including this Exhibit A

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is not sufficient to license the Source Code under Secondary Licenses.

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</p>

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<p>If it is not possible or desirable to put the notice in a particular file,

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then You may include the notice in a location (such as a LICENSE file in a

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relevant directory) where a recipient would be likely to look for

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such a notice.

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</p>

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<p>You may add additional accurate notices of copyright ownership.</p>

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</blockquote>

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