277 lines
14 KiB
Plaintext
277 lines
14 KiB
Plaintext
|
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.
|