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| 1 | + |
| 2 | +Eclipse Public License - v 2.0 |
| 3 | + |
| 4 | + THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE |
| 5 | + PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION |
| 6 | + OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
| 7 | + |
| 8 | +1. DEFINITIONS |
| 9 | + |
| 10 | +"Contribution" means: |
| 11 | + |
| 12 | + a) in the case of the initial Contributor, the initial content |
| 13 | + Distributed under this Agreement, and |
| 14 | + |
| 15 | + b) in the case of each subsequent Contributor: |
| 16 | + i) changes to the Program, and |
| 17 | + ii) additions to the Program; |
| 18 | + where such changes and/or additions to the Program originate from |
| 19 | + and are Distributed by that particular Contributor. A Contribution |
| 20 | + "originates" from a Contributor if it was added to the Program by |
| 21 | + such Contributor itself or anyone acting on such Contributor's behalf. |
| 22 | + Contributions do not include changes or additions to the Program that |
| 23 | + are not Modified Works. |
| 24 | + |
| 25 | +"Contributor" means any person or entity that Distributes the Program. |
| 26 | + |
| 27 | +"Licensed Patents" mean patent claims licensable by a Contributor which |
| 28 | +are necessarily infringed by the use or sale of its Contribution alone |
| 29 | +or when combined with the Program. |
| 30 | + |
| 31 | +"Program" means the Contributions Distributed in accordance with this |
| 32 | +Agreement. |
| 33 | + |
| 34 | +"Recipient" means anyone who receives the Program under this Agreement |
| 35 | +or any Secondary License (as applicable), including Contributors. |
| 36 | + |
| 37 | +"Derivative Works" shall mean any work, whether in Source Code or other |
| 38 | +form, that is based on (or derived from) the Program and for which the |
| 39 | +editorial revisions, annotations, elaborations, or other modifications |
| 40 | +represent, as a whole, an original work of authorship. |
| 41 | + |
| 42 | +"Modified Works" shall mean any work in Source Code or other form that |
| 43 | +results from an addition to, deletion from, or modification of the |
| 44 | +contents of the Program, including, for purposes of clarity any new file |
| 45 | +in Source Code form that contains any contents of the Program. Modified |
| 46 | +Works shall not include works that contain only declarations, |
| 47 | +interfaces, types, classes, structures, or files of the Program solely |
| 48 | +in each case in order to link to, bind by name, or subclass the Program |
| 49 | +or Modified Works thereof. |
| 50 | + |
| 51 | +"Distribute" means the acts of a) distributing or b) making available |
| 52 | +in any manner that enables the transfer of a copy. |
| 53 | + |
| 54 | +"Source Code" means the form of a Program preferred for making |
| 55 | +modifications, including but not limited to software source code, |
| 56 | +documentation source, and configuration files. |
| 57 | + |
| 58 | +"Secondary License" means either the GNU General Public License, |
| 59 | +Version 2.0, or any later versions of that license, including any |
| 60 | +exceptions or additional permissions as identified by the initial |
| 61 | +Contributor. |
| 62 | + |
| 63 | +2. GRANT OF RIGHTS |
| 64 | + |
| 65 | + a) Subject to the terms of this Agreement, each Contributor hereby |
| 66 | + grants Recipient a non-exclusive, worldwide, royalty-free copyright |
| 67 | + license to reproduce, prepare Derivative Works of, publicly display, |
| 68 | + publicly perform, Distribute and sublicense the Contribution of such |
| 69 | + Contributor, if any, and such Derivative Works. |
| 70 | + |
| 71 | + b) Subject to the terms of this Agreement, each Contributor hereby |
| 72 | + grants Recipient a non-exclusive, worldwide, royalty-free patent |
| 73 | + license under Licensed Patents to make, use, sell, offer to sell, |
| 74 | + import and otherwise transfer the Contribution of such Contributor, |
| 75 | + if any, in Source Code or other form. This patent license shall |
| 76 | + apply to the combination of the Contribution and the Program if, at |
| 77 | + the time the Contribution is added by the Contributor, such addition |
| 78 | + of the Contribution causes such combination to be covered by the |
| 79 | + Licensed Patents. The patent license shall not apply to any other |
| 80 | + combinations which include the Contribution. No hardware per se is |
| 81 | + licensed hereunder. |
| 82 | + |
| 83 | + c) Recipient understands that although each Contributor grants the |
| 84 | + licenses to its Contributions set forth herein, no assurances are |
| 85 | + provided by any Contributor that the Program does not infringe the |
| 86 | + patent or other intellectual property rights of any other entity. |
| 87 | + Each Contributor disclaims any liability to Recipient for claims |
| 88 | + brought by any other entity based on infringement of intellectual |
| 89 | + property rights or otherwise. As a condition to exercising the |
| 90 | + rights and licenses granted hereunder, each Recipient hereby |
| 91 | + assumes sole responsibility to secure any other intellectual |
| 92 | + property rights needed, if any. For example, if a third party |
| 93 | + patent license is required to allow Recipient to Distribute the |
| 94 | + Program, it is Recipient's responsibility to acquire that license |
| 95 | + before distributing the Program. |
| 96 | + |
| 97 | + d) Each Contributor represents that to its knowledge it has |
| 98 | + sufficient copyright rights in its Contribution, if any, to grant |
| 99 | + the copyright license set forth in this Agreement. |
| 100 | + |
| 101 | + e) Notwithstanding the terms of any Secondary License, no |
| 102 | + Contributor makes additional grants to any Recipient (other than |
| 103 | + those set forth in this Agreement) as a result of such Recipient's |
| 104 | + receipt of the Program under the terms of a Secondary License |
| 105 | + (if permitted under the terms of Section 3). |
| 106 | + |
| 107 | +3. REQUIREMENTS |
| 108 | + |
| 109 | +3.1 If a Contributor Distributes the Program in any form, then: |
| 110 | + |
| 111 | + a) the Program must also be made available as Source Code, in |
| 112 | + accordance with section 3.2, and the Contributor must accompany |
| 113 | + the Program with a statement that the Source Code for the Program |
| 114 | + is available under this Agreement, and informs Recipients how to |
| 115 | + obtain it in a reasonable manner on or through a medium customarily |
| 116 | + used for software exchange; and |
| 117 | + |
| 118 | + b) the Contributor may Distribute the Program under a license |
| 119 | + different than this Agreement, provided that such license: |
| 120 | + i) effectively disclaims on behalf of all other Contributors all |
| 121 | + warranties and conditions, express and implied, including |
| 122 | + warranties or conditions of title and non-infringement, and |
| 123 | + implied warranties or conditions of merchantability and fitness |
| 124 | + for a particular purpose; |
| 125 | + |
| 126 | + ii) effectively excludes on behalf of all other Contributors all |
| 127 | + liability for damages, including direct, indirect, special, |
| 128 | + incidental and consequential damages, such as lost profits; |
| 129 | + |
| 130 | + iii) does not attempt to limit or alter the recipients' rights |
| 131 | + in the Source Code under section 3.2; and |
| 132 | + |
| 133 | + iv) requires any subsequent distribution of the Program by any |
| 134 | + party to be under a license that satisfies the requirements |
| 135 | + of this section 3. |
| 136 | + |
| 137 | +3.2 When the Program is Distributed as Source Code: |
| 138 | + |
| 139 | + a) it must be made available under this Agreement, or if the |
| 140 | + Program (i) is combined with other material in a separate file or |
| 141 | + files made available under a Secondary License, and (ii) the initial |
| 142 | + Contributor attached to the Source Code the notice described in |
| 143 | + Exhibit A of this Agreement, then the Program may be made available |
| 144 | + under the terms of such Secondary Licenses, and |
| 145 | + |
| 146 | + b) a copy of this Agreement must be included with each copy of |
| 147 | + the Program. |
| 148 | + |
| 149 | +3.3 Contributors may not remove or alter any copyright, patent, |
| 150 | +trademark, attribution notices, disclaimers of warranty, or limitations |
| 151 | +of liability ("notices") contained within the Program from any copy of |
| 152 | +the Program which they Distribute, provided that Contributors may add |
| 153 | +their own appropriate notices. |
| 154 | + |
| 155 | +4. COMMERCIAL DISTRIBUTION |
| 156 | + |
| 157 | +Commercial distributors of software may accept certain responsibilities |
| 158 | +with respect to end users, business partners and the like. While this |
| 159 | +license is intended to facilitate the commercial use of the Program, |
| 160 | +the Contributor who includes the Program in a commercial product |
| 161 | +offering should do so in a manner which does not create potential |
| 162 | +liability for other Contributors. Therefore, if a Contributor includes |
| 163 | +the Program in a commercial product offering, such Contributor |
| 164 | +("Commercial Contributor") hereby agrees to defend and indemnify every |
| 165 | +other Contributor ("Indemnified Contributor") against any losses, |
| 166 | +damages and costs (collectively "Losses") arising from claims, lawsuits |
| 167 | +and other legal actions brought by a third party against the Indemnified |
| 168 | +Contributor to the extent caused by the acts or omissions of such |
| 169 | +Commercial Contributor in connection with its distribution of the Program |
| 170 | +in a commercial product offering. The obligations in this section do not |
| 171 | +apply to any claims or Losses relating to any actual or alleged |
| 172 | +intellectual property infringement. In order to qualify, an Indemnified |
| 173 | +Contributor must: a) promptly notify the Commercial Contributor in |
| 174 | +writing of such claim, and b) allow the Commercial Contributor to control, |
| 175 | +and cooperate with the Commercial Contributor in, the defense and any |
| 176 | +related settlement negotiations. The Indemnified Contributor may |
| 177 | +participate in any such claim at its own expense. |
| 178 | + |
| 179 | +For example, a Contributor might include the Program in a commercial |
| 180 | +product offering, Product X. That Contributor is then a Commercial |
| 181 | +Contributor. If that Commercial Contributor then makes performance |
| 182 | +claims, or offers warranties related to Product X, those performance |
| 183 | +claims and warranties are such Commercial Contributor's responsibility |
| 184 | +alone. Under this section, the Commercial Contributor would have to |
| 185 | +defend claims against the other Contributors related to those performance |
| 186 | +claims and warranties, and if a court requires any other Contributor to |
| 187 | +pay any damages as a result, the Commercial Contributor must pay |
| 188 | +those damages. |
| 189 | + |
| 190 | +5. NO WARRANTY |
| 191 | + |
| 192 | +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT |
| 193 | +PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS" |
| 194 | +BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
| 195 | +IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF |
| 196 | +TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR |
| 197 | +PURPOSE. Each Recipient is solely responsible for determining the |
| 198 | +appropriateness of using and distributing the Program and assumes all |
| 199 | +risks associated with its exercise of rights under this Agreement, |
| 200 | +including but not limited to the risks and costs of program errors, |
| 201 | +compliance with applicable laws, damage to or loss of data, programs |
| 202 | +or equipment, and unavailability or interruption of operations. |
| 203 | + |
| 204 | +6. DISCLAIMER OF LIABILITY |
| 205 | + |
| 206 | +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT |
| 207 | +PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS |
| 208 | +SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, |
| 209 | +EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
| 210 | +PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN |
| 211 | +CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
| 212 | +ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE |
| 213 | +EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE |
| 214 | +POSSIBILITY OF SUCH DAMAGES. |
| 215 | + |
| 216 | +7. GENERAL |
| 217 | + |
| 218 | +If any provision of this Agreement is invalid or unenforceable under |
| 219 | +applicable law, it shall not affect the validity or enforceability of |
| 220 | +the remainder of the terms of this Agreement, and without further |
| 221 | +action by the parties hereto, such provision shall be reformed to the |
| 222 | +minimum extent necessary to make such provision valid and enforceable. |
| 223 | + |
| 224 | +If Recipient institutes patent litigation against any entity |
| 225 | +(including a cross-claim or counterclaim in a lawsuit) alleging that the |
| 226 | +Program itself (excluding combinations of the Program with other software |
| 227 | +or hardware) infringes such Recipient's patent(s), then such Recipient's |
| 228 | +rights granted under Section 2(b) shall terminate as of the date such |
| 229 | +litigation is filed. |
| 230 | + |
| 231 | +All Recipient's rights under this Agreement shall terminate if it |
| 232 | +fails to comply with any of the material terms or conditions of this |
| 233 | +Agreement and does not cure such failure in a reasonable period of |
| 234 | +time after becoming aware of such noncompliance. If all Recipient's |
| 235 | +rights under this Agreement terminate, Recipient agrees to cease use |
| 236 | +and distribution of the Program as soon as reasonably practicable. |
| 237 | +However, Recipient's obligations under this Agreement and any licenses |
| 238 | +granted by Recipient relating to the Program shall continue and survive. |
| 239 | + |
| 240 | +Everyone is permitted to copy and distribute copies of this Agreement, |
| 241 | +but in order to avoid inconsistency the Agreement is copyrighted and |
| 242 | +may only be modified in the following manner. The Agreement Steward |
| 243 | +reserves the right to publish new versions (including revisions) of |
| 244 | +this Agreement from time to time. No one other than the Agreement |
| 245 | +Steward has the right to modify this Agreement. The Eclipse Foundation |
| 246 | +is the initial Agreement Steward. The Eclipse Foundation may assign the |
| 247 | +responsibility to serve as the Agreement Steward to a suitable separate |
| 248 | +entity. Each new version of the Agreement will be given a distinguishing |
| 249 | +version number. The Program (including Contributions) may always be |
| 250 | +Distributed subject to the version of the Agreement under which it was |
| 251 | +received. In addition, after a new version of the Agreement is published, |
| 252 | +Contributor may elect to Distribute the Program (including its |
| 253 | +Contributions) under the new version. |
| 254 | + |
| 255 | +Except as expressly stated in Sections 2(a) and 2(b) above, Recipient |
| 256 | +receives no rights or licenses to the intellectual property of any |
| 257 | +Contributor under this Agreement, whether expressly, by implication, |
| 258 | +estoppel or otherwise. All rights in the Program not expressly granted |
| 259 | +under this Agreement are reserved. Nothing in this Agreement is intended |
| 260 | +to be enforceable by any entity that is not a Contributor or Recipient. |
| 261 | +No third-party beneficiary rights are created under this Agreement. |
| 262 | + |
| 263 | +Exhibit A - Form of Secondary Licenses Notice |
| 264 | + |
| 265 | +"This Source Code may also be made available under the following |
| 266 | +Secondary Licenses when the conditions for such availability set forth |
| 267 | +in the Eclipse Public License, v. 2.0 are satisfied: {name license(s), |
| 268 | +version(s), and exceptions or additional permissions here}." |
| 269 | + |
| 270 | + Simply including a copy of this Agreement, including this Exhibit A |
| 271 | + is not sufficient to license the Source Code under Secondary Licenses. |
| 272 | + |
| 273 | + If it is not possible or desirable to put the notice in a particular |
| 274 | + file, then You may include the notice in a location (such as a LICENSE |
| 275 | + file in a relevant directory) where a recipient would be likely to |
| 276 | + look for such a notice. |
| 277 | + |
| 278 | + You may add additional accurate notices of copyright ownership. |
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