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Johannes Faltermeiere393e022019-05-09 11:17:22 +02001Eclipse Public License - v 2.0
Johannes Faltermeier7091c862018-05-28 13:47:18 +02002
Johannes Faltermeiere393e022019-05-09 11:17:22 +02003 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
4 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
5 OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
Johannes Faltermeier7091c862018-05-28 13:47:18 +02006
Johannes Faltermeiere393e022019-05-09 11:17:22 +020071. DEFINITIONS
Johannes Faltermeier7091c862018-05-28 13:47:18 +02008
Johannes Faltermeiere393e022019-05-09 11:17:22 +02009"Contribution" means:
Johannes Faltermeier7091c862018-05-28 13:47:18 +020010
Johannes Faltermeiere393e022019-05-09 11:17:22 +020011 a) in the case of the initial Contributor, the initial content
12 Distributed under this Agreement, and
Johannes Faltermeier7091c862018-05-28 13:47:18 +020013
Johannes Faltermeiere393e022019-05-09 11:17:22 +020014 b) in the case of each subsequent Contributor:
15 i) changes to the Program, and
16 ii) additions to the Program;
17 where such changes and/or additions to the Program originate from
18 and are Distributed by that particular Contributor. A Contribution
19 "originates" from a Contributor if it was added to the Program by
20 such Contributor itself or anyone acting on such Contributor's behalf.
21 Contributions do not include changes or additions to the Program that
22 are not Modified Works.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020023
Johannes Faltermeiere393e022019-05-09 11:17:22 +020024"Contributor" means any person or entity that Distributes the Program.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020025
Johannes Faltermeiere393e022019-05-09 11:17:22 +020026"Licensed Patents" mean patent claims licensable by a Contributor which
27are necessarily infringed by the use or sale of its Contribution alone
28or when combined with the Program.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020029
Johannes Faltermeiere393e022019-05-09 11:17:22 +020030"Program" means the Contributions Distributed in accordance with this
31Agreement.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020032
Johannes Faltermeiere393e022019-05-09 11:17:22 +020033"Recipient" means anyone who receives the Program under this Agreement
34or any Secondary License (as applicable), including Contributors.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020035
Johannes Faltermeiere393e022019-05-09 11:17:22 +020036"Derivative Works" shall mean any work, whether in Source Code or other
37form, that is based on (or derived from) the Program and for which the
38editorial revisions, annotations, elaborations, or other modifications
39represent, as a whole, an original work of authorship.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020040
Johannes Faltermeiere393e022019-05-09 11:17:22 +020041"Modified Works" shall mean any work in Source Code or other form that
42results from an addition to, deletion from, or modification of the
43contents of the Program, including, for purposes of clarity any new file
44in Source Code form that contains any contents of the Program. Modified
45Works shall not include works that contain only declarations,
46interfaces, types, classes, structures, or files of the Program solely
47in each case in order to link to, bind by name, or subclass the Program
48or Modified Works thereof.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020049
Johannes Faltermeiere393e022019-05-09 11:17:22 +020050"Distribute" means the acts of a) distributing or b) making available
51in any manner that enables the transfer of a copy.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020052
Johannes Faltermeiere393e022019-05-09 11:17:22 +020053"Source Code" means the form of a Program preferred for making
54modifications, including but not limited to software source code,
55documentation source, and configuration files.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020056
Johannes Faltermeiere393e022019-05-09 11:17:22 +020057"Secondary License" means either the GNU General Public License,
58Version 2.0, or any later versions of that license, including any
59exceptions or additional permissions as identified by the initial
60Contributor.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020061
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200622. GRANT OF RIGHTS
Johannes Faltermeier7091c862018-05-28 13:47:18 +020063
Johannes Faltermeiere393e022019-05-09 11:17:22 +020064 a) Subject to the terms of this Agreement, each Contributor hereby
65 grants Recipient a non-exclusive, worldwide, royalty-free copyright
66 license to reproduce, prepare Derivative Works of, publicly display,
67 publicly perform, Distribute and sublicense the Contribution of such
68 Contributor, if any, and such Derivative Works.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020069
Johannes Faltermeiere393e022019-05-09 11:17:22 +020070 b) Subject to the terms of this Agreement, each Contributor hereby
71 grants Recipient a non-exclusive, worldwide, royalty-free patent
72 license under Licensed Patents to make, use, sell, offer to sell,
73 import and otherwise transfer the Contribution of such Contributor,
74 if any, in Source Code or other form. This patent license shall
75 apply to the combination of the Contribution and the Program if, at
76 the time the Contribution is added by the Contributor, such addition
77 of the Contribution causes such combination to be covered by the
78 Licensed Patents. The patent license shall not apply to any other
79 combinations which include the Contribution. No hardware per se is
80 licensed hereunder.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020081
Johannes Faltermeiere393e022019-05-09 11:17:22 +020082 c) Recipient understands that although each Contributor grants the
83 licenses to its Contributions set forth herein, no assurances are
84 provided by any Contributor that the Program does not infringe the
85 patent or other intellectual property rights of any other entity.
86 Each Contributor disclaims any liability to Recipient for claims
87 brought by any other entity based on infringement of intellectual
88 property rights or otherwise. As a condition to exercising the
89 rights and licenses granted hereunder, each Recipient hereby
90 assumes sole responsibility to secure any other intellectual
91 property rights needed, if any. For example, if a third party
92 patent license is required to allow Recipient to Distribute the
93 Program, it is Recipient's responsibility to acquire that license
94 before distributing the Program.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020095
Johannes Faltermeiere393e022019-05-09 11:17:22 +020096 d) Each Contributor represents that to its knowledge it has
97 sufficient copyright rights in its Contribution, if any, to grant
98 the copyright license set forth in this Agreement.
Johannes Faltermeier7091c862018-05-28 13:47:18 +020099
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200100 e) Notwithstanding the terms of any Secondary License, no
101 Contributor makes additional grants to any Recipient (other than
102 those set forth in this Agreement) as a result of such Recipient's
103 receipt of the Program under the terms of a Secondary License
104 (if permitted under the terms of Section 3).
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200105
Johannes Faltermeiere393e022019-05-09 11:17:22 +02001063. REQUIREMENTS
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200107
Johannes Faltermeiere393e022019-05-09 11:17:22 +02001083.1 If a Contributor Distributes the Program in any form, then:
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200109
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200110 a) the Program must also be made available as Source Code, in
111 accordance with section 3.2, and the Contributor must accompany
112 the Program with a statement that the Source Code for the Program
113 is available under this Agreement, and informs Recipients how to
114 obtain it in a reasonable manner on or through a medium customarily
115 used for software exchange; and
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200116
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200117 b) the Contributor may Distribute the Program under a license
118 different than this Agreement, provided that such license:
119 i) effectively disclaims on behalf of all other Contributors all
120 warranties and conditions, express and implied, including
121 warranties or conditions of title and non-infringement, and
122 implied warranties or conditions of merchantability and fitness
123 for a particular purpose;
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200124
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200125 ii) effectively excludes on behalf of all other Contributors all
126 liability for damages, including direct, indirect, special,
127 incidental and consequential damages, such as lost profits;
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200128
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200129 iii) does not attempt to limit or alter the recipients' rights
130 in the Source Code under section 3.2; and
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200131
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200132 iv) requires any subsequent distribution of the Program by any
133 party to be under a license that satisfies the requirements
134 of this section 3.
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200135
Johannes Faltermeiere393e022019-05-09 11:17:22 +02001363.2 When the Program is Distributed as Source Code:
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200137
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200138 a) it must be made available under this Agreement, or if the
139 Program (i) is combined with other material in a separate file or
140 files made available under a Secondary License, and (ii) the initial
141 Contributor attached to the Source Code the notice described in
142 Exhibit A of this Agreement, then the Program may be made available
143 under the terms of such Secondary Licenses, and
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200144
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200145 b) a copy of this Agreement must be included with each copy of
146 the Program.
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200147
Johannes Faltermeiere393e022019-05-09 11:17:22 +02001483.3 Contributors may not remove or alter any copyright, patent,
149trademark, attribution notices, disclaimers of warranty, or limitations
150of liability ("notices") contained within the Program from any copy of
151the Program which they Distribute, provided that Contributors may add
152their own appropriate notices.
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200153
Johannes Faltermeiere393e022019-05-09 11:17:22 +02001544. COMMERCIAL DISTRIBUTION
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200155
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200156Commercial distributors of software may accept certain responsibilities
157with respect to end users, business partners and the like. While this
158license is intended to facilitate the commercial use of the Program,
159the Contributor who includes the Program in a commercial product
160offering should do so in a manner which does not create potential
161liability for other Contributors. Therefore, if a Contributor includes
162the Program in a commercial product offering, such Contributor
163("Commercial Contributor") hereby agrees to defend and indemnify every
164other Contributor ("Indemnified Contributor") against any losses,
165damages and costs (collectively "Losses") arising from claims, lawsuits
166and other legal actions brought by a third party against the Indemnified
167Contributor to the extent caused by the acts or omissions of such
168Commercial Contributor in connection with its distribution of the Program
169in a commercial product offering. The obligations in this section do not
170apply to any claims or Losses relating to any actual or alleged
171intellectual property infringement. In order to qualify, an Indemnified
172Contributor must: a) promptly notify the Commercial Contributor in
173writing of such claim, and b) allow the Commercial Contributor to control,
174and cooperate with the Commercial Contributor in, the defense and any
175related settlement negotiations. The Indemnified Contributor may
176participate in any such claim at its own expense.
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200177
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200178For example, a Contributor might include the Program in a commercial
179product offering, Product X. That Contributor is then a Commercial
180Contributor. If that Commercial Contributor then makes performance
181claims, or offers warranties related to Product X, those performance
182claims and warranties are such Commercial Contributor's responsibility
183alone. Under this section, the Commercial Contributor would have to
184defend claims against the other Contributors related to those performance
185claims and warranties, and if a court requires any other Contributor to
186pay any damages as a result, the Commercial Contributor must pay
187those damages.
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200188
Johannes Faltermeiere393e022019-05-09 11:17:22 +02001895. NO WARRANTY
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200190
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200191EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
192PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"
193BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
194IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
195TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
196PURPOSE. Each Recipient is solely responsible for determining the
197appropriateness of using and distributing the Program and assumes all
198risks associated with its exercise of rights under this Agreement,
199including but not limited to the risks and costs of program errors,
200compliance with applicable laws, damage to or loss of data, programs
201or equipment, and unavailability or interruption of operations.
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200202
Johannes Faltermeiere393e022019-05-09 11:17:22 +02002036. DISCLAIMER OF LIABILITY
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200204
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200205EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
206PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
207SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
208EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
209PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
210CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
211ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
212EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
213POSSIBILITY OF SUCH DAMAGES.
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200214
Johannes Faltermeiere393e022019-05-09 11:17:22 +02002157. GENERAL
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200216
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200217If any provision of this Agreement is invalid or unenforceable under
218applicable law, it shall not affect the validity or enforceability of
219the remainder of the terms of this Agreement, and without further
220action by the parties hereto, such provision shall be reformed to the
221minimum extent necessary to make such provision valid and enforceable.
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200222
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200223If Recipient institutes patent litigation against any entity
224(including a cross-claim or counterclaim in a lawsuit) alleging that the
225Program itself (excluding combinations of the Program with other software
226or hardware) infringes such Recipient's patent(s), then such Recipient's
227rights granted under Section 2(b) shall terminate as of the date such
228litigation is filed.
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200229
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200230All Recipient's rights under this Agreement shall terminate if it
231fails to comply with any of the material terms or conditions of this
232Agreement and does not cure such failure in a reasonable period of
233time after becoming aware of such noncompliance. If all Recipient's
234rights under this Agreement terminate, Recipient agrees to cease use
235and distribution of the Program as soon as reasonably practicable.
236However, Recipient's obligations under this Agreement and any licenses
237granted by Recipient relating to the Program shall continue and survive.
Johannes Faltermeier7091c862018-05-28 13:47:18 +0200238
Johannes Faltermeiere393e022019-05-09 11:17:22 +0200239Everyone is permitted to copy and distribute copies of this Agreement,
240but in order to avoid inconsistency the Agreement is copyrighted and
241may only be modified in the following manner. The Agreement Steward
242reserves the right to publish new versions (including revisions) of
243this Agreement from time to time. No one other than the Agreement
244Steward has the right to modify this Agreement. The Eclipse Foundation
245is the initial Agreement Steward. The Eclipse Foundation may assign the
246responsibility to serve as the Agreement Steward to a suitable separate
247entity. Each new version of the Agreement will be given a distinguishing
248version number. The Program (including Contributions) may always be
249Distributed subject to the version of the Agreement under which it was
250received. In addition, after a new version of the Agreement is published,
251Contributor may elect to Distribute the Program (including its
252Contributions) under the new version.
253
254Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
255receives no rights or licenses to the intellectual property of any
256Contributor under this Agreement, whether expressly, by implication,
257estoppel or otherwise. All rights in the Program not expressly granted
258under this Agreement are reserved. Nothing in this Agreement is intended
259to be enforceable by any entity that is not a Contributor or Recipient.
260No third-party beneficiary rights are created under this Agreement.
261
262Exhibit A - Form of Secondary Licenses Notice
263
264"This Source Code may also be made available under the following
265Secondary Licenses when the conditions for such availability set forth
266in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
267version(s), and exceptions or additional permissions here}."
268
269 Simply including a copy of this Agreement, including this Exhibit A
270 is not sufficient to license the Source Code under Secondary Licenses.
271
272 If it is not possible or desirable to put the notice in a particular
273 file, then You may include the notice in a location (such as a LICENSE
274 file in a relevant directory) where a recipient would be likely to
275 look for such a notice.
276
277 You may add additional accurate notices of copyright ownership.