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