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| 5 | <title>Eclipse Public License - Version 2.0</title> |
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| 27 | <body> |
| 28 | <h1>Eclipse Public License - v 2.0</h1> |
| 29 | <p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE |
| 30 | PUBLIC LICENSE (“AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION |
| 31 | OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
| 32 | </p> |
| 33 | <h2 id="definitions">1. DEFINITIONS</h2> |
| 34 | <p>“Contribution” means:</p> |
| 35 | <ul> |
| 36 | <li>a) in the case of the initial Contributor, the initial content |
| 37 | Distributed under this Agreement, and |
| 38 | </li> |
| 39 | <li> |
| 40 | b) in the case of each subsequent Contributor: |
| 41 | <ul> |
| 42 | <li>i) changes to the Program, and</li> |
| 43 | <li>ii) additions to the Program;</li> |
| 44 | </ul> |
| 45 | where such changes and/or additions to the Program originate from |
| 46 | and are Distributed by that particular Contributor. A Contribution |
| 47 | “originates” from a Contributor if it was added to the Program by such |
| 48 | Contributor itself or anyone acting on such Contributor's behalf. |
| 49 | Contributions do not include changes or additions to the Program that |
| 50 | are not Modified Works. |
| 51 | </li> |
| 52 | </ul> |
| 53 | <p>“Contributor” means any person or entity that Distributes the Program.</p> |
| 54 | <p>“Licensed Patents” mean patent claims licensable by a Contributor which |
| 55 | are necessarily infringed by the use or sale of its Contribution alone |
| 56 | or when combined with the Program. |
| 57 | </p> |
| 58 | <p>“Program” means the Contributions Distributed in accordance with this |
| 59 | Agreement. |
| 60 | </p> |
| 61 | <p>“Recipient” means anyone who receives the Program under this Agreement |
| 62 | or any Secondary License (as applicable), including Contributors. |
| 63 | </p> |
| 64 | <p>“Derivative Works” shall mean any work, whether in Source Code or other |
| 65 | form, that is based on (or derived from) the Program and for which the |
| 66 | editorial revisions, annotations, elaborations, or other modifications |
| 67 | represent, as a whole, an original work of authorship. |
| 68 | </p> |
| 69 | <p>“Modified Works” shall mean any work in Source Code or other form that |
| 70 | results from an addition to, deletion from, or modification of the |
| 71 | contents of the Program, including, for purposes of clarity any new file |
| 72 | in Source Code form that contains any contents of the Program. Modified |
| 73 | Works shall not include works that contain only declarations, interfaces, |
| 74 | types, classes, structures, or files of the Program solely in each case |
| 75 | in order to link to, bind by name, or subclass the Program or Modified |
| 76 | Works thereof. |
| 77 | </p> |
| 78 | <p>“Distribute” means the acts of a) distributing or b) making available |
| 79 | in any manner that enables the transfer of a copy. |
| 80 | </p> |
| 81 | <p>“Source Code” means the form of a Program preferred for making |
| 82 | modifications, including but not limited to software source code, |
| 83 | documentation source, and configuration files. |
| 84 | </p> |
| 85 | <p>“Secondary License” means either the GNU General Public License, |
| 86 | Version 2.0, or any later versions of that license, including any |
| 87 | exceptions or additional permissions as identified by the initial |
| 88 | Contributor. |
| 89 | </p> |
| 90 | <h2 id="grant-of-rights">2. GRANT OF RIGHTS</h2> |
| 91 | <ul> |
| 92 | <li>a) Subject to the terms of this Agreement, each Contributor hereby |
| 93 | grants Recipient a non-exclusive, worldwide, royalty-free copyright |
| 94 | license to reproduce, prepare Derivative Works of, publicly display, |
| 95 | publicly perform, Distribute and sublicense the Contribution of such |
| 96 | Contributor, if any, and such Derivative Works. |
| 97 | </li> |
| 98 | <li>b) Subject to the terms of this Agreement, each Contributor hereby |
| 99 | grants Recipient a non-exclusive, worldwide, royalty-free patent |
| 100 | license under Licensed Patents to make, use, sell, offer to sell, |
| 101 | import and otherwise transfer the Contribution of such Contributor, |
| 102 | if any, in Source Code or other form. This patent license shall |
| 103 | apply to the combination of the Contribution and the Program if, |
| 104 | at the time the Contribution is added by the Contributor, such |
| 105 | addition of the Contribution causes such combination to be covered |
| 106 | by the Licensed Patents. The patent license shall not apply to any |
| 107 | other combinations which include the Contribution. No hardware per |
| 108 | se is licensed hereunder. |
| 109 | </li> |
| 110 | <li>c) Recipient understands that although each Contributor grants the |
| 111 | licenses to its Contributions set forth herein, no assurances are |
| 112 | provided by any Contributor that the Program does not infringe the |
| 113 | patent or other intellectual property rights of any other entity. |
| 114 | Each Contributor disclaims any liability to Recipient for claims |
| 115 | brought by any other entity based on infringement of intellectual |
| 116 | property rights or otherwise. As a condition to exercising the rights |
| 117 | and licenses granted hereunder, each Recipient hereby assumes sole |
| 118 | responsibility to secure any other intellectual property rights needed, |
| 119 | if any. For example, if a third party patent license is required to |
| 120 | allow Recipient to Distribute the Program, it is Recipient's |
| 121 | responsibility to acquire that license before distributing the Program. |
| 122 | </li> |
| 123 | <li>d) Each Contributor represents that to its knowledge it has sufficient |
| 124 | copyright rights in its Contribution, if any, to grant the copyright |
| 125 | license set forth in this Agreement. |
| 126 | </li> |
| 127 | <li>e) Notwithstanding the terms of any Secondary License, no Contributor |
| 128 | makes additional grants to any Recipient (other than those set forth |
| 129 | in this Agreement) as a result of such Recipient's receipt of the |
| 130 | Program under the terms of a Secondary License (if permitted under |
| 131 | the terms of Section 3). |
| 132 | </li> |
| 133 | </ul> |
| 134 | <h2 id="requirements">3. REQUIREMENTS</h2> |
| 135 | <p>3.1 If a Contributor Distributes the Program in any form, then:</p> |
| 136 | <ul> |
| 137 | <li>a) the Program must also be made available as Source Code, in |
| 138 | accordance with section 3.2, and the Contributor must accompany |
| 139 | the Program with a statement that the Source Code for the Program |
| 140 | is available under this Agreement, and informs Recipients how to |
| 141 | obtain it in a reasonable manner on or through a medium customarily |
| 142 | used for software exchange; and |
| 143 | </li> |
| 144 | <li> |
| 145 | b) the Contributor may Distribute the Program under a license |
| 146 | different than this Agreement, provided that such license: |
| 147 | <ul> |
| 148 | <li>i) effectively disclaims on behalf of all other Contributors all |
| 149 | warranties and conditions, express and implied, including warranties |
| 150 | or conditions of title and non-infringement, and implied warranties |
| 151 | or conditions of merchantability and fitness for a particular purpose; |
| 152 | </li> |
| 153 | <li>ii) effectively excludes on behalf of all other Contributors all |
| 154 | liability for damages, including direct, indirect, special, incidental |
| 155 | and consequential damages, such as lost profits; |
| 156 | </li> |
| 157 | <li>iii) does not attempt to limit or alter the recipients' rights in the |
| 158 | Source Code under section 3.2; and |
| 159 | </li> |
| 160 | <li>iv) requires any subsequent distribution of the Program by any party |
| 161 | to be under a license that satisfies the requirements of this section 3. |
| 162 | </li> |
| 163 | </ul> |
| 164 | </li> |
| 165 | </ul> |
| 166 | <p>3.2 When the Program is Distributed as Source Code:</p> |
| 167 | <ul> |
| 168 | <li>a) it must be made available under this Agreement, or if the Program (i) |
| 169 | is combined with other material in a separate file or files made available |
| 170 | under a Secondary License, and (ii) the initial Contributor attached to |
| 171 | the Source Code the notice described in Exhibit A of this Agreement, |
| 172 | then the Program may be made available under the terms of such |
| 173 | Secondary Licenses, and |
| 174 | </li> |
| 175 | <li>b) a copy of this Agreement must be included with each copy of the Program.</li> |
| 176 | </ul> |
| 177 | <p>3.3 Contributors may not remove or alter any copyright, patent, trademark, |
| 178 | attribution notices, disclaimers of warranty, or limitations of liability |
| 179 | (‘notices’) contained within the Program from any copy of the Program which |
| 180 | they Distribute, provided that Contributors may add their own appropriate |
| 181 | notices. |
| 182 | </p> |
| 183 | <h2 id="commercial-distribution">4. COMMERCIAL DISTRIBUTION</h2> |
| 184 | <p>Commercial distributors of software may accept certain responsibilities |
| 185 | with respect to end users, business partners and the like. While this |
| 186 | license is intended to facilitate the commercial use of the Program, the |
| 187 | Contributor who includes the Program in a commercial product offering should |
| 188 | do so in a manner which does not create potential liability for other |
| 189 | Contributors. Therefore, if a Contributor includes the Program in a |
| 190 | commercial product offering, such Contributor (“Commercial Contributor”) |
| 191 | hereby agrees to defend and indemnify every other Contributor |
| 192 | (“Indemnified Contributor”) against any losses, damages and costs |
| 193 | (collectively “Losses”) arising from claims, lawsuits and other legal actions |
| 194 | brought by a third party against the Indemnified Contributor to the extent |
| 195 | caused by the acts or omissions of such Commercial Contributor in connection |
| 196 | with its distribution of the Program in a commercial product offering. |
| 197 | The obligations in this section do not apply to any claims or Losses relating |
| 198 | to any actual or alleged intellectual property infringement. In order to |
| 199 | qualify, an Indemnified Contributor must: a) promptly notify the |
| 200 | Commercial Contributor in writing of such claim, and b) allow the Commercial |
| 201 | Contributor to control, and cooperate with the Commercial Contributor in, |
| 202 | the defense and any related settlement negotiations. The Indemnified |
| 203 | Contributor may participate in any such claim at its own expense. |
| 204 | </p> |
| 205 | <p>For example, a Contributor might include the Program |
| 206 | in a commercial product offering, Product X. That Contributor is then a |
| 207 | Commercial Contributor. If that Commercial Contributor then makes performance |
| 208 | claims, or offers warranties related to Product X, those performance claims |
| 209 | and warranties are such Commercial Contributor's responsibility alone. |
| 210 | Under this section, the Commercial Contributor would have to defend claims |
| 211 | against the other Contributors related to those performance claims and |
| 212 | warranties, and if a court requires any other Contributor to pay any damages |
| 213 | as a result, the Commercial Contributor must pay those damages. |
| 214 | </p> |
| 215 | <h2 id="warranty">5. NO WARRANTY</h2> |
| 216 | <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED |
| 217 | BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT |
| 218 | WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, |
| 219 | WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, |
| 220 | MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is |
| 221 | solely responsible for determining the appropriateness of using and |
| 222 | distributing the Program and assumes all risks associated with its |
| 223 | exercise of rights under this Agreement, including but not limited to the |
| 224 | risks and costs of program errors, compliance with applicable laws, damage |
| 225 | to or loss of data, programs or equipment, and unavailability or |
| 226 | interruption of operations. |
| 227 | </p> |
| 228 | <h2 id="disclaimer">6. DISCLAIMER OF LIABILITY</h2> |
| 229 | <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED |
| 230 | BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY |
| 231 | LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, |
| 232 | OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), |
| 233 | HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT |
| 234 | LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY |
| 235 | OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
| 236 | GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 237 | </p> |
| 238 | <h2 id="general">7. GENERAL</h2> |
| 239 | <p>If any provision of this Agreement is invalid or unenforceable under |
| 240 | applicable law, it shall not affect the validity or enforceability of the |
| 241 | remainder of the terms of this Agreement, and without further action by the |
| 242 | parties hereto, such provision shall be reformed to the minimum extent |
| 243 | necessary to make such provision valid and enforceable. |
| 244 | </p> |
| 245 | <p>If Recipient institutes patent litigation against any entity (including a |
| 246 | cross-claim or counterclaim in a lawsuit) alleging that the Program itself |
| 247 | (excluding combinations of the Program with other software or hardware) |
| 248 | infringes such Recipient's patent(s), then such Recipient's rights granted |
| 249 | under Section 2(b) shall terminate as of the date such litigation is filed. |
| 250 | </p> |
| 251 | <p>All Recipient's rights under this Agreement shall terminate if it fails to |
| 252 | comply with any of the material terms or conditions of this Agreement and |
| 253 | does not cure such failure in a reasonable period of time after becoming |
| 254 | aware of such noncompliance. If all Recipient's rights under this Agreement |
| 255 | terminate, Recipient agrees to cease use and distribution of the Program |
| 256 | as soon as reasonably practicable. However, Recipient's obligations under |
| 257 | this Agreement and any licenses granted by Recipient relating to the |
| 258 | Program shall continue and survive. |
| 259 | </p> |
| 260 | <p>Everyone is permitted to copy and distribute copies of this Agreement, |
| 261 | but in order to avoid inconsistency the Agreement is copyrighted and may |
| 262 | only be modified in the following manner. The Agreement Steward reserves |
| 263 | the right to publish new versions (including revisions) of this Agreement |
| 264 | from time to time. No one other than the Agreement Steward has the right |
| 265 | to modify this Agreement. The Eclipse Foundation is the initial Agreement |
| 266 | Steward. The Eclipse Foundation may assign the responsibility to serve as |
| 267 | the Agreement Steward to a suitable separate entity. Each new version of |
| 268 | the Agreement will be given a distinguishing version number. The Program |
| 269 | (including Contributions) may always be Distributed subject to the version |
| 270 | of the Agreement under which it was received. In addition, after a new |
| 271 | version of the Agreement is published, Contributor may elect to Distribute |
| 272 | the Program (including its Contributions) under the new version. |
| 273 | </p> |
| 274 | <p>Except as expressly stated in Sections 2(a) and 2(b) above, Recipient |
| 275 | receives no rights or licenses to the intellectual property of any |
| 276 | Contributor under this Agreement, whether expressly, by implication, |
| 277 | estoppel or otherwise. All rights in the Program not expressly granted |
| 278 | under this Agreement are reserved. Nothing in this Agreement is intended |
| 279 | to be enforceable by any entity that is not a Contributor or Recipient. |
| 280 | No third-party beneficiary rights are created under this Agreement. |
| 281 | </p> |
| 282 | <h2 id="exhibit-a">Exhibit A – Form of Secondary Licenses Notice</h2> |
| 283 | <p>“This Source Code may also be made available under the following |
| 284 | Secondary Licenses when the conditions for such availability set forth |
| 285 | in the Eclipse Public License, v. 2.0 are satisfied: {name license(s), |
| 286 | version(s), and exceptions or additional permissions here}.” |
| 287 | </p> |
| 288 | <blockquote> |
| 289 | <p>Simply including a copy of this Agreement, including this Exhibit A |
| 290 | is not sufficient to license the Source Code under Secondary Licenses. |
| 291 | </p> |
| 292 | <p>If it is not possible or desirable to put the notice in a particular file, |
| 293 | then You may include the notice in a location (such as a LICENSE file in a |
| 294 | relevant directory) where a recipient would be likely to look for |
| 295 | such a notice. |
| 296 | </p> |
| 297 | <p>You may add additional accurate notices of copyright ownership.</p> |
| 298 | </blockquote> |
| 299 | </body> |
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