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LICENSE
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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.