epl-v20 14 KB

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