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Michael Wenzad1d24a2019-04-16 13:44:26 +02001<!DOCTYPE HTML>
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33<H1>Eclipse Public License - v 2.0</H1>
34<P>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
35PUBLIC LICENSE (“AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
36PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. </P>
37<H2 id="definitions">1. DEFINITIONS</H2>
38<P>“Contribution” means:</P>
39<UL>
40 <LI>a) in the case of the initial Contributor, the initial content
41 Distributed under this Agreement, and </LI>
42 <LI> b) in the case of each subsequent Contributor:
43 <UL>
44 <LI>i) changes to the Program, and</LI>
45 <LI>ii) additions to the Program;</LI></UL> where such changes and/or
46 additions to the Program originate from and are Distributed by that
47 particular Contributor. A Contribution “originates” from a Contributor
48 if it was added to the Program by such Contributor itself or anyone
49 acting on such Contributor's behalf. Contributions do not include
50 changes or additions to the Program that are not Modified Works.
51 </LI></UL>
52<P>“Contributor” means any person or entity that Distributes the Program.</P>
53<P>“Licensed Patents” mean patent claims licensable by a Contributor which
54are necessarily infringed by the use or sale of its Contribution alone or
55when combined with the Program. </P>
56<P>“Program” means the Contributions Distributed in accordance with this
57Agreement. </P>
58<P>“Recipient” means anyone who receives the Program under this Agreement
59or any Secondary License (as applicable), including Contributors. </P>
60<P>“Derivative Works” shall mean any work, whether in Source Code or other
61form, that is based on (or derived from) the Program and for which the
62editorial revisions, annotations, elaborations, or other modifications
63represent, as a whole, an original work of authorship. </P>
64<P>“Modified Works” shall mean any work in Source Code or other form that
65results from an addition to, deletion from, or modification of the contents
66of the Program, including, for purposes of clarity any new file in Source
67Code form that contains any contents of the Program. Modified Works shall
68not include works that contain only declarations, interfaces, types,
69classes, structures, or files of the Program solely in each case in order
70to link to, bind by name, or subclass the Program or Modified Works
71thereof. </P>
72<P>“Distribute” means the acts of a) distributing or b) making available in
73any manner that enables the transfer of a copy. </P>
74<P>“Source Code” means the form of a Program preferred for making
75modifications, including but not limited to software source code,
76documentation source, and configuration files. </P>
77<P>“Secondary License” means either the GNU General Public License, Version
782.0, or any later versions of that license, including any exceptions or
79additional permissions as identified by the initial Contributor. </P>
80<H2 id="grant-of-rights">2. GRANT OF RIGHTS</H2>
81<UL>
82 <LI>a) Subject to the terms of this Agreement, each Contributor hereby
83 grants Recipient a non-exclusive, worldwide, royalty-free copyright
84 license to reproduce, prepare Derivative Works of, publicly display,
85 publicly perform, Distribute and sublicense the Contribution of such
86 Contributor, if any, and such Derivative Works. </LI>
87 <LI>b) Subject to the terms of this Agreement, each Contributor hereby
88 grants Recipient a non-exclusive, worldwide, royalty-free patent
89 license under Licensed Patents to make, use, sell, offer to sell,
90 import and otherwise transfer the Contribution of such Contributor, if
91 any, in Source Code or other form. This patent license shall apply to
92 the combination of the Contribution and the Program if, at the time the
93 Contribution is added by the Contributor, such addition of the
94 Contribution causes such combination to be covered by the Licensed
95 Patents. The patent license shall not apply to any other combinations
96 which include the Contribution. No hardware per se is licensed
97 hereunder. </LI>
98 <LI>c) Recipient understands that although each Contributor grants the
99 licenses to its Contributions set forth herein, no assurances are
100 provided by any Contributor that the Program does not infringe the
101 patent or other intellectual property rights of any other entity. Each
102 Contributor disclaims any liability to Recipient for claims brought by
103 any other entity based on infringement of intellectual property rights
104 or otherwise. As a condition to exercising the rights and licenses
105 granted hereunder, each Recipient hereby assumes sole responsibility to
106 secure any other intellectual property rights needed, if any. For
107 example, if a third party patent license is required to allow Recipient
108 to Distribute the Program, it is Recipient's responsibility to acquire
109 that license before distributing the Program. </LI>
110 <LI>d) Each Contributor represents that to its knowledge it has sufficient
111 copyright rights in its Contribution, if any, to grant the copyright
112 license set forth in this Agreement. </LI>
113 <LI>e) Notwithstanding the terms of any Secondary License, no Contributor
114 makes additional grants to any Recipient (other than those set forth
115 in this Agreement) as a result of such Recipient's receipt of the
116 Program under the terms of a Secondary License (if permitted under the
117 terms of Section 3). </LI></UL>
118<H2 id="requirements">3. REQUIREMENTS</H2>
119<P>3.1 If a Contributor Distributes the Program in any form, then:</P>
120<UL>
121 <LI>a) the Program must also be made available as Source Code, in
122 accordance with section 3.2, and the Contributor must accompany the
123 Program with a statement that the Source Code for the Program is
124 available under this Agreement, and informs Recipients how to obtain it
125 in a reasonable manner on or through a medium customarily used for
126 software exchange; and </LI>
127 <LI> b) the Contributor may Distribute the Program under a license
128 different than this Agreement, provided that such license:
129 <UL>
130 <LI>i) effectively disclaims on behalf of all other Contributors all
131 warranties and conditions, express and implied, including warranties
132 or conditions of title and non-infringement, and implied warranties
133 or conditions of merchantability and fitness for a particular
134 purpose; </LI>
135 <LI>ii) effectively excludes on behalf of all other Contributors all
136 liability for damages, including direct, indirect, special, incidental
137 and consequential damages, such as lost profits; </LI>
138 <LI>iii) does not attempt to limit or alter the recipients' rights in the
139 Source Code under section 3.2; and </LI>
140 <LI>iv) requires any subsequent distribution of the Program by any party
141 to be under a license that satisfies the requirements of this section
142 3. </LI></UL></LI></UL>
143<P>3.2 When the Program is Distributed as Source Code:</P>
144<UL>
145 <LI>a) it must be made available under this Agreement, or if the Program (i)
146 is combined with other material in a separate file or files made
147 available under a Secondary License, and (ii) the initial Contributor
148 attached to the Source Code the notice described in Exhibit A of this
149 Agreement, then the Program may be made available under the terms of
150 such Secondary Licenses, and </LI>
151 <LI>b) a copy of this Agreement must be included with each copy of the
152 Program.</LI></UL>
153<P>3.3 Contributors may not remove or alter any copyright, patent, trademark,
154 attribution notices, disclaimers of warranty, or limitations of liability
155(‘notices’) contained within the Program from any copy of the Program which
156they Distribute, provided that Contributors may add their own appropriate
157notices. </P>
158<H2 id="commercial-distribution">4. COMMERCIAL DISTRIBUTION</H2>
159<P>Commercial distributors of software may accept certain responsibilities
160with respect to end users, business partners and the like. While this
161license is intended to facilitate the commercial use of the Program, the
162Contributor who includes the Program in a commercial product offering should
163 do so in a manner which does not create potential liability for other
164Contributors. Therefore, if a Contributor includes the Program in a
165commercial product offering, such Contributor (“Commercial Contributor”)
166hereby agrees to defend and indemnify every other Contributor (“Indemnified
167Contributor”) against any losses, damages and costs (collectively “Losses”)
168arising from claims, lawsuits and other legal actions brought by a third
169party against the Indemnified Contributor to the extent caused by the acts
170or omissions of such Commercial Contributor in connection with its
171distribution of the Program in a commercial product offering. The
172obligations in this section do not apply to any claims or Losses relating
173to any actual or alleged intellectual property infringement. In order to
174qualify, an Indemnified Contributor must: a) promptly notify the Commercial
175Contributor in writing of such claim, and b) allow the Commercial
176Contributor to control, and cooperate with the Commercial Contributor in,
177the defense and any related settlement negotiations. The Indemnified
178Contributor may participate in any such claim at its own expense. </P>
179<P>For example, a Contributor might include the Program in a commercial
180product offering, Product X. That Contributor is then a Commercial
181Contributor. If that Commercial Contributor then makes performance claims,
182or offers warranties related to Product X, those performance claims and
183warranties are such Commercial Contributor's responsibility alone. Under
184this section, the Commercial Contributor would have to defend claims
185against the other Contributors related to those performance claims and
186warranties, and if a court requires any other Contributor to pay any damages
187 as a result, the Commercial Contributor must pay those damages. </P>
188<H2 id="warranty">5. NO WARRANTY</H2>
189<P>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED
190 BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT
191WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
192WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
193 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is
194solely responsible for determining the appropriateness of using and
195distributing the Program and assumes all risks associated with its exercise
196of rights under this Agreement, including but not limited to the risks and
197costs of program errors, compliance with applicable laws, damage to or loss
198of data, programs or equipment, and unavailability or interruption of
199operations. </P>
200<H2 id="disclaimer">6. DISCLAIMER OF LIABILITY</H2>
201<P>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED
202 BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY
203 LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
204CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER
205CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
206LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
207OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
208GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. </P>
209<H2 id="general">7. GENERAL</H2>
210<P>If any provision of this Agreement is invalid or unenforceable under
211applicable law, it shall not affect the validity or enforceability of the
212remainder of the terms of this Agreement, and without further action by the
213parties hereto, such provision shall be reformed to the minimum extent
214necessary to make such provision valid and enforceable. </P>
215<P>If Recipient institutes patent litigation against any entity (including a
216 cross-claim or counterclaim in a lawsuit) alleging that the Program itself
217(excluding combinations of the Program with other software or hardware)
218infringes such Recipient's patent(s), then such Recipient's rights granted
219under Section 2(b) shall terminate as of the date such litigation is filed.
220</P>
221<P>All Recipient's rights under this Agreement shall terminate if it fails to
222 comply with any of the material terms or conditions of this Agreement and
223does not cure such failure in a reasonable period of time after becoming
224aware of such noncompliance. If all Recipient's rights under this Agreement
225terminate, Recipient agrees to cease use and distribution of the Program as
226soon as reasonably practicable. However, Recipient's obligations under this
227Agreement and any licenses granted by Recipient relating to the Program
228shall continue and survive. </P>
229<P>Everyone is permitted to copy and distribute copies of this Agreement,
230but in order to avoid inconsistency the Agreement is copyrighted and may
231only be modified in the following manner. The Agreement Steward reserves
232the right to publish new versions (including revisions) of this Agreement
233from time to time. No one other than the Agreement Steward has the right to
234modify this Agreement. The Eclipse Foundation is the initial Agreement
235Steward. The Eclipse Foundation may assign the responsibility to serve as
236the Agreement Steward to a suitable separate entity. Each new version of
237the Agreement will be given a distinguishing version number. The Program
238(including Contributions) may always be Distributed subject to the version
239of the Agreement under which it was received. In addition, after a new
240version of the Agreement is published, Contributor may elect to Distribute
241the Program (including its Contributions) under the new version. </P>
242<P>Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
243receives no rights or licenses to the intellectual property of any
244Contributor under this Agreement, whether expressly, by implication,
245estoppel or otherwise. All rights in the Program not expressly granted
246under this Agreement are reserved. Nothing in this Agreement is intended to
247be enforceable by any entity that is not a Contributor or Recipient. No
248third-party beneficiary rights are created under this Agreement. </P>
249<H2 id="exhibit-a">Exhibit A – Form of Secondary Licenses Notice</H2>
250<P>“This Source Code may also be made available under the following
251 Secondary Licenses when the conditions for such availability set forth in
252the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
253 version(s), and exceptions or additional permissions here}.” </P>
254<BLOCKQUOTE>
255 <P>Simply including a copy of this Agreement, including this Exhibit A
256 is not sufficient to license the Source Code under Secondary Licenses.
257 </P>
258 <P>If it is not possible or desirable to put the notice in a particular file,
259 then You may include the notice in a location (such as a LICENSE file in
260 a relevant directory) where a recipient would be likely to look for
261 such a notice. </P>
262 <P>You may add additional accurate notices of copyright
263ownership.</P></BLOCKQUOTE></BODY></HTML>