1Eclipse Public License - v 2.0 2 3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE 4 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION 5 OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 6 71. DEFINITIONS 8 9"Contribution" means: 10 11 a) in the case of the initial Contributor, the initial content 12 Distributed under this Agreement, and 13 14 b) in the case of each subsequent Contributor: 15 i) changes to the Program, and 16 ii) additions to the Program; 17 where such changes and/or additions to the Program originate from 18 and are Distributed by that particular Contributor. A Contribution 19 "originates" from a Contributor if it was added to the Program by 20 such Contributor itself or anyone acting on such Contributor's behalf. 21 Contributions do not include changes or additions to the Program that 22 are not Modified Works. 23 24"Contributor" means any person or entity that Distributes the Program. 25 26"Licensed Patents" mean patent claims licensable by a Contributor which 27are necessarily infringed by the use or sale of its Contribution alone 28or when combined with the Program. 29 30"Program" means the Contributions Distributed in accordance with this 31Agreement. 32 33"Recipient" means anyone who receives the Program under this Agreement 34or any Secondary License (as applicable), including Contributors. 35 36"Derivative Works" shall mean any work, whether in Source Code or other 37form, that is based on (or derived from) the Program and for which the 38editorial revisions, annotations, elaborations, or other modifications 39represent, as a whole, an original work of authorship. 40 41"Modified Works" shall mean any work in Source Code or other form that 42results from an addition to, deletion from, or modification of the 43contents of the Program, including, for purposes of clarity any new file 44in Source Code form that contains any contents of the Program. Modified 45Works shall not include works that contain only declarations, 46interfaces, types, classes, structures, or files of the Program solely 47in each case in order to link to, bind by name, or subclass the Program 48or Modified Works thereof. 49 50"Distribute" means the acts of a) distributing or b) making available 51in any manner that enables the transfer of a copy. 52 53"Source Code" means the form of a Program preferred for making 54modifications, including but not limited to software source code, 55documentation source, and configuration files. 56 57"Secondary License" means either the GNU General Public License, 58Version 2.0, or any later versions of that license, including any 59exceptions or additional permissions as identified by the initial 60Contributor. 61 622. GRANT OF RIGHTS 63 64 a) Subject to the terms of this Agreement, each Contributor hereby 65 grants Recipient a non-exclusive, worldwide, royalty-free copyright 66 license to reproduce, prepare Derivative Works of, publicly display, 67 publicly perform, Distribute and sublicense the Contribution of such 68 Contributor, if any, and such Derivative Works. 69 70 b) Subject to the terms of this Agreement, each Contributor hereby 71 grants Recipient a non-exclusive, worldwide, royalty-free patent 72 license under Licensed Patents to make, use, sell, offer to sell, 73 import and otherwise transfer the Contribution of such Contributor, 74 if any, in Source Code or other form. This patent license shall 75 apply to the combination of the Contribution and the Program if, at 76 the time the Contribution is added by the Contributor, such addition 77 of the Contribution causes such combination to be covered by the 78 Licensed Patents. The patent license shall not apply to any other 79 combinations which include the Contribution. No hardware per se is 80 licensed hereunder. 81 82 c) Recipient understands that although each Contributor grants the 83 licenses to its Contributions set forth herein, no assurances are 84 provided by any Contributor that the Program does not infringe the 85 patent or other intellectual property rights of any other entity. 86 Each Contributor disclaims any liability to Recipient for claims 87 brought by any other entity based on infringement of intellectual 88 property rights or otherwise. As a condition to exercising the 89 rights and licenses granted hereunder, each Recipient hereby 90 assumes sole responsibility to secure any other intellectual 91 property rights needed, if any. For example, if a third party 92 patent license is required to allow Recipient to Distribute the 93 Program, it is Recipient's responsibility to acquire that license 94 before distributing the Program. 95 96 d) Each Contributor represents that to its knowledge it has 97 sufficient copyright rights in its Contribution, if any, to grant 98 the copyright license set forth in this Agreement. 99 100 e) Notwithstanding the terms of any Secondary License, no 101 Contributor makes additional grants to any Recipient (other than 102 those set forth in this Agreement) as a result of such Recipient's 103 receipt of the Program under the terms of a Secondary License 104 (if permitted under the terms of Section 3). 105 1063. REQUIREMENTS 107 1083.1 If a Contributor Distributes the Program in any form, then: 109 110 a) the Program must also be made available as Source Code, in 111 accordance with section 3.2, and the Contributor must accompany 112 the Program with a statement that the Source Code for the Program 113 is available under this Agreement, and informs Recipients how to 114 obtain it in a reasonable manner on or through a medium customarily 115 used for software exchange; and 116 117 b) the Contributor may Distribute the Program under a license 118 different than this Agreement, provided that such license: 119 i) effectively disclaims on behalf of all other Contributors all 120 warranties and conditions, express and implied, including 121 warranties or conditions of title and non-infringement, and 122 implied warranties or conditions of merchantability and fitness 123 for a particular purpose; 124 125 ii) effectively excludes on behalf of all other Contributors all 126 liability for damages, including direct, indirect, special, 127 incidental and consequential damages, such as lost profits; 128 129 iii) does not attempt to limit or alter the recipients' rights 130 in the Source Code under section 3.2; and 131 132 iv) requires any subsequent distribution of the Program by any 133 party to be under a license that satisfies the requirements 134 of this section 3. 135 1363.2 When the Program is Distributed as Source Code: 137 138 a) it must be made available under this Agreement, or if the 139 Program (i) is combined with other material in a separate file or 140 files made available under a Secondary License, and (ii) the initial 141 Contributor attached to the Source Code the notice described in 142 Exhibit A of this Agreement, then the Program may be made available 143 under the terms of such Secondary Licenses, and 144 145 b) a copy of this Agreement must be included with each copy of 146 the Program. 147 1483.3 Contributors may not remove or alter any copyright, patent, 149trademark, attribution notices, disclaimers of warranty, or limitations 150of liability ("notices") contained within the Program from any copy of 151the Program which they Distribute, provided that Contributors may add 152their own appropriate notices. 153 1544. COMMERCIAL DISTRIBUTION 155 156Commercial distributors of software may accept certain responsibilities 157with respect to end users, business partners and the like. While this 158license is intended to facilitate the commercial use of the Program, 159the Contributor who includes the Program in a commercial product 160offering should do so in a manner which does not create potential 161liability for other Contributors. Therefore, if a Contributor includes 162the Program in a commercial product offering, such Contributor 163("Commercial Contributor") hereby agrees to defend and indemnify every 164other Contributor ("Indemnified Contributor") against any losses, 165damages and costs (collectively "Losses") arising from claims, lawsuits 166and other legal actions brought by a third party against the Indemnified 167Contributor to the extent caused by the acts or omissions of such 168Commercial Contributor in connection with its distribution of the Program 169in a commercial product offering. The obligations in this section do not 170apply to any claims or Losses relating to any actual or alleged 171intellectual property infringement. In order to qualify, an Indemnified 172Contributor must: a) promptly notify the Commercial Contributor in 173writing of such claim, and b) allow the Commercial Contributor to control, 174and cooperate with the Commercial Contributor in, the defense and any 175related settlement negotiations. The Indemnified Contributor may 176participate in any such claim at its own expense. 177 178For example, a Contributor might include the Program in a commercial 179product offering, Product X. That Contributor is then a Commercial 180Contributor. If that Commercial Contributor then makes performance 181claims, or offers warranties related to Product X, those performance 182claims and warranties are such Commercial Contributor's responsibility 183alone. Under this section, the Commercial Contributor would have to 184defend claims against the other Contributors related to those performance 185claims and warranties, and if a court requires any other Contributor to 186pay any damages as a result, the Commercial Contributor must pay 187those damages. 188 1895. NO WARRANTY 190 191EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT 192PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS" 193BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR 194IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF 195TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR 196PURPOSE. Each Recipient is solely responsible for determining the 197appropriateness of using and distributing the Program and assumes all 198risks associated with its exercise of rights under this Agreement, 199including but not limited to the risks and costs of program errors, 200compliance with applicable laws, damage to or loss of data, programs 201or equipment, and unavailability or interruption of operations. 202 2036. DISCLAIMER OF LIABILITY 204 205EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT 206PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS 207SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, 208EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST 209PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN 210CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) 211ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE 212EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE 213POSSIBILITY OF SUCH DAMAGES. 214 2157. GENERAL 216 217If any provision of this Agreement is invalid or unenforceable under 218applicable law, it shall not affect the validity or enforceability of 219the remainder of the terms of this Agreement, and without further 220action by the parties hereto, such provision shall be reformed to the 221minimum extent necessary to make such provision valid and enforceable. 222 223If Recipient institutes patent litigation against any entity 224(including a cross-claim or counterclaim in a lawsuit) alleging that the 225Program itself (excluding combinations of the Program with other software 226or hardware) infringes such Recipient's patent(s), then such Recipient's 227rights granted under Section 2(b) shall terminate as of the date such 228litigation is filed. 229 230All Recipient's rights under this Agreement shall terminate if it 231fails to comply with any of the material terms or conditions of this 232Agreement and does not cure such failure in a reasonable period of 233time after becoming aware of such noncompliance. If all Recipient's 234rights under this Agreement terminate, Recipient agrees to cease use 235and distribution of the Program as soon as reasonably practicable. 236However, Recipient's obligations under this Agreement and any licenses 237granted by Recipient relating to the Program shall continue and survive. 238 239Everyone is permitted to copy and distribute copies of this Agreement, 240but in order to avoid inconsistency the Agreement is copyrighted and 241may only be modified in the following manner. The Agreement Steward 242reserves the right to publish new versions (including revisions) of 243this Agreement from time to time. No one other than the Agreement 244Steward has the right to modify this Agreement. The Eclipse Foundation 245is the initial Agreement Steward. The Eclipse Foundation may assign the 246responsibility to serve as the Agreement Steward to a suitable separate 247entity. Each new version of the Agreement will be given a distinguishing 248version number. The Program (including Contributions) may always be 249Distributed subject to the version of the Agreement under which it was 250received. In addition, after a new version of the Agreement is published, 251Contributor may elect to Distribute the Program (including its 252Contributions) under the new version. 253 254Except as expressly stated in Sections 2(a) and 2(b) above, Recipient 255receives no rights or licenses to the intellectual property of any 256Contributor under this Agreement, whether expressly, by implication, 257estoppel or otherwise. All rights in the Program not expressly granted 258under this Agreement are reserved. Nothing in this Agreement is intended 259to be enforceable by any entity that is not a Contributor or Recipient. 260No third-party beneficiary rights are created under this Agreement. 261 262Exhibit A - Form of Secondary Licenses Notice 263 264"This Source Code may also be made available under the following 265Secondary Licenses when the conditions for such availability set forth 266in the Eclipse Public License, v. 2.0 are satisfied: {name license(s), 267version(s), and exceptions or additional permissions here}." 268 269 Simply including a copy of this Agreement, including this Exhibit A 270 is not sufficient to license the Source Code under Secondary Licenses. 271 272 If it is not possible or desirable to put the notice in a particular 273 file, then You may include the notice in a location (such as a LICENSE 274 file in a relevant directory) where a recipient would be likely to 275 look for such a notice. 276 277 You may add additional accurate notices of copyright ownership. 278