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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
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