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- Eclipse Public License - v 2.0
- THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
- PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
- OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
- 1. DEFINITIONS
- "Contribution" means:
- a) in the case of the initial Contributor, the initial content
- Distributed under this Agreement, and
- b) in the case of each subsequent Contributor:
- i) changes to the Program, and
- ii) additions to the Program;
- where such changes and/or additions to the Program originate from
- and are Distributed by that particular Contributor. A Contribution
- "originates" from a Contributor if it was added to the Program by
- such Contributor itself or anyone acting on such Contributor's behalf.
- Contributions do not include changes or additions to the Program that
- are not Modified Works.
- "Contributor" means any person or entity that Distributes the Program.
- "Licensed Patents" mean patent claims licensable by a Contributor which
- are necessarily infringed by the use or sale of its Contribution alone
- or when combined with the Program.
- "Program" means the Contributions Distributed in accordance with this
- Agreement.
- "Recipient" means anyone who receives the Program under this Agreement
- or any Secondary License (as applicable), including Contributors.
- "Derivative Works" shall mean any work, whether in Source Code or other
- form, that is based on (or derived from) the Program and for which the
- editorial revisions, annotations, elaborations, or other modifications
- represent, as a whole, an original work of authorship.
- "Modified Works" shall mean any work in Source Code or other form that
- results from an addition to, deletion from, or modification of the
- contents of the Program, including, for purposes of clarity any new file
- in Source Code form that contains any contents of the Program. Modified
- Works shall not include works that contain only declarations,
- interfaces, types, classes, structures, or files of the Program solely
- in each case in order to link to, bind by name, or subclass the Program
- or Modified Works thereof.
- "Distribute" means the acts of a) distributing or b) making available
- in any manner that enables the transfer of a copy.
- "Source Code" means the form of a Program preferred for making
- modifications, including but not limited to software source code,
- documentation source, and configuration files.
- "Secondary License" means either the GNU General Public License,
- Version 2.0, or any later versions of that license, including any
- exceptions or additional permissions as identified by the initial
- Contributor.
- 2. GRANT OF RIGHTS
- a) Subject to the terms of this Agreement, each Contributor hereby
- grants Recipient a non-exclusive, worldwide, royalty-free copyright
- license to reproduce, prepare Derivative Works of, publicly display,
- publicly perform, Distribute and sublicense the Contribution of such
- Contributor, if any, and such Derivative Works.
- b) Subject to the terms of this Agreement, each Contributor hereby
- grants Recipient a non-exclusive, worldwide, royalty-free patent
- license under Licensed Patents to make, use, sell, offer to sell,
- import and otherwise transfer the Contribution of such Contributor,
- if any, in Source Code or other form. This patent license shall
- apply to the combination of the Contribution and the Program if, at
- the time the Contribution is added by the Contributor, such addition
- of the Contribution causes such combination to be covered by the
- Licensed Patents. The patent license shall not apply to any other
- combinations which include the Contribution. No hardware per se is
- licensed hereunder.
- c) Recipient understands that although each Contributor grants the
- licenses to its Contributions set forth herein, no assurances are
- provided by any Contributor that the Program does not infringe the
- patent or other intellectual property rights of any other entity.
- Each Contributor disclaims any liability to Recipient for claims
- brought by any other entity based on infringement of intellectual
- property rights or otherwise. As a condition to exercising the
- rights and licenses granted hereunder, each Recipient hereby
- assumes sole responsibility to secure any other intellectual
- property rights needed, if any. For example, if a third party
- patent license is required to allow Recipient to Distribute the
- Program, it is Recipient's responsibility to acquire that license
- before distributing the Program.
- d) Each Contributor represents that to its knowledge it has
- sufficient copyright rights in its Contribution, if any, to grant
- the copyright license set forth in this Agreement.
- e) Notwithstanding the terms of any Secondary License, no
- Contributor makes additional grants to any Recipient (other than
- those set forth in this Agreement) as a result of such Recipient's
- receipt of the Program under the terms of a Secondary License
- (if permitted under the terms of Section 3).
- 3. REQUIREMENTS
- 3.1 If a Contributor Distributes the Program in any form, then:
- a) the Program must also be made available as Source Code, in
- accordance with section 3.2, and the Contributor must accompany
- the Program with a statement that the Source Code for the Program
- is available under this Agreement, and informs Recipients how to
- obtain it in a reasonable manner on or through a medium customarily
- used for software exchange; and
- b) the Contributor may Distribute the Program under a license
- different than this Agreement, provided that such license:
- i) effectively disclaims on behalf of all other Contributors all
- warranties and conditions, express and implied, including
- warranties or conditions of title and non-infringement, and
- implied warranties or conditions of merchantability and fitness
- for a particular purpose;
- ii) effectively excludes on behalf of all other Contributors all
- liability for damages, including direct, indirect, special,
- incidental and consequential damages, such as lost profits;
- iii) does not attempt to limit or alter the recipients' rights
- in the Source Code under section 3.2; and
- iv) requires any subsequent distribution of the Program by any
- party to be under a license that satisfies the requirements
- of this section 3.
- 3.2 When the Program is Distributed as Source Code:
- a) it must be made available under this Agreement, or if the
- Program (i) is combined with other material in a separate file or
- files made available under a Secondary License, and (ii) the initial
- Contributor attached to the Source Code the notice described in
- Exhibit A of this Agreement, then the Program may be made available
- under the terms of such Secondary Licenses, and
- b) a copy of this Agreement must be included with each copy of
- the Program.
- 3.3 Contributors may not remove or alter any copyright, patent,
- trademark, attribution notices, disclaimers of warranty, or limitations
- of liability ("notices") contained within the Program from any copy of
- the Program which they Distribute, provided that Contributors may add
- their own appropriate notices.
- 4. COMMERCIAL DISTRIBUTION
- Commercial distributors of software may accept certain responsibilities
- with respect to end users, business partners and the like. While this
- license is intended to facilitate the commercial use of the Program,
- the Contributor who includes the Program in a commercial product
- offering should do so in a manner which does not create potential
- liability for other Contributors. Therefore, if a Contributor includes
- the Program in a commercial product offering, such Contributor
- ("Commercial Contributor") hereby agrees to defend and indemnify every
- other Contributor ("Indemnified Contributor") against any losses,
- damages and costs (collectively "Losses") arising from claims, lawsuits
- and other legal actions brought by a third party against the Indemnified
- Contributor to the extent caused by the acts or omissions of such
- Commercial Contributor in connection with its distribution of the Program
- in a commercial product offering. The obligations in this section do not
- apply to any claims or Losses relating to any actual or alleged
- intellectual property infringement. In order to qualify, an Indemnified
- Contributor must: a) promptly notify the Commercial Contributor in
- writing of such claim, and b) allow the Commercial Contributor to control,
- and cooperate with the Commercial Contributor in, the defense and any
- related settlement negotiations. The Indemnified Contributor may
- participate in any such claim at its own expense.
- For example, a Contributor might include the Program in a commercial
- product offering, Product X. That Contributor is then a Commercial
- Contributor. If that Commercial Contributor then makes performance
- claims, or offers warranties related to Product X, those performance
- claims and warranties are such Commercial Contributor's responsibility
- alone. Under this section, the Commercial Contributor would have to
- defend claims against the other Contributors related to those performance
- claims and warranties, and if a court requires any other Contributor to
- pay any damages as a result, the Commercial Contributor must pay
- those damages.
- 5. NO WARRANTY
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
- PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"
- BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
- IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
- TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
- PURPOSE. Each Recipient is solely responsible for determining the
- appropriateness of using and distributing the Program and assumes all
- risks associated with its exercise of rights under this Agreement,
- including but not limited to the risks and costs of program errors,
- compliance with applicable laws, damage to or loss of data, programs
- or equipment, and unavailability or interruption of operations.
- 6. DISCLAIMER OF LIABILITY
- EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
- PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
- SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
- EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
- PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
- CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
- ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
- EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES.
- 7. GENERAL
- If any provision of this Agreement is invalid or unenforceable under
- applicable law, it shall not affect the validity or enforceability of
- the remainder of the terms of this Agreement, and without further
- action by the parties hereto, such provision shall be reformed to the
- minimum extent necessary to make such provision valid and enforceable.
- If Recipient institutes patent litigation against any entity
- (including a cross-claim or counterclaim in a lawsuit) alleging that the
- Program itself (excluding combinations of the Program with other software
- or hardware) infringes such Recipient's patent(s), then such Recipient's
- rights granted under Section 2(b) shall terminate as of the date such
- litigation is filed.
- All Recipient's rights under this Agreement shall terminate if it
- fails to comply with any of the material terms or conditions of this
- Agreement and does not cure such failure in a reasonable period of
- time after becoming aware of such noncompliance. If all Recipient's
- rights under this Agreement terminate, Recipient agrees to cease use
- and distribution of the Program as soon as reasonably practicable.
- However, Recipient's obligations under this Agreement and any licenses
- granted by Recipient relating to the Program shall continue and survive.
- Everyone is permitted to copy and distribute copies of this Agreement,
- but in order to avoid inconsistency the Agreement is copyrighted and
- may only be modified in the following manner. The Agreement Steward
- reserves the right to publish new versions (including revisions) of
- this Agreement from time to time. No one other than the Agreement
- Steward has the right to modify this Agreement. The Eclipse Foundation
- is the initial Agreement Steward. The Eclipse Foundation may assign the
- responsibility to serve as the Agreement Steward to a suitable separate
- entity. Each new version of the Agreement will be given a distinguishing
- version number. The Program (including Contributions) may always be
- Distributed subject to the version of the Agreement under which it was
- received. In addition, after a new version of the Agreement is published,
- Contributor may elect to Distribute the Program (including its
- Contributions) under the new version.
- Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
- receives no rights or licenses to the intellectual property of any
- Contributor under this Agreement, whether expressly, by implication,
- estoppel or otherwise. All rights in the Program not expressly granted
- under this Agreement are reserved. Nothing in this Agreement is intended
- to be enforceable by any entity that is not a Contributor or Recipient.
- No third-party beneficiary rights are created under this Agreement.
- Exhibit A - Form of Secondary Licenses Notice
- "This Source Code may also be made available under the following
- Secondary Licenses when the conditions for such availability set forth
- in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
- version(s), and exceptions or additional permissions here}."
- Simply including a copy of this Agreement, including this Exhibit A
- is not sufficient to license the Source Code under Secondary Licenses.
- If it is not possible or desirable to put the notice in a particular
- file, then You may include the notice in a location (such as a LICENSE
- file in a relevant directory) where a recipient would be likely to
- look for such a notice.
- You may add additional accurate notices of copyright ownership.
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