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