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