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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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