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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.
 
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