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epl-v20.html
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epl-v20.html
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<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd">
<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en">
<head>
<meta http-equiv="Content-Type" content="text/html; charset=utf-8" />
<title>Eclipse Public License - Version 2.0</title>
<style type="text/css">
body {
margin: 1.5em 3em;
}
h1{
font-size:1.5em;
}
h2{
font-size:1em;
margin-bottom:0.5em;
margin-top:1em;
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margin-top: 0.5em;
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ul, ol{
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</head>
<body>
<h1>Eclipse Public License - v 2.0</h1>
<p>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.
</p>
<h2 id="definitions">1. DEFINITIONS</h2>
<p>“Contribution” means:</p>
<ul>
<li>a) in the case of the initial Contributor, the initial content
Distributed under this Agreement, and
</li>
<li>
b) in the case of each subsequent Contributor:
<ul>
<li>i) changes to the Program, and</li>
<li>ii) additions to the Program;</li>
</ul>
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.
</li>
</ul>
<p>“Contributor” means any person or entity that Distributes the Program.</p>
<p>“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.
</p>
<p>“Program” means the Contributions Distributed in accordance with this
Agreement.
</p>
<p>“Recipient” means anyone who receives the Program under this Agreement
or any Secondary License (as applicable), including Contributors.
</p>
<p>“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.
</p>
<p>“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.
</p>
<p>“Distribute” means the acts of a) distributing or b) making available
in any manner that enables the transfer of a copy.
</p>
<p>“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.
</p>
<p>“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.
</p>
<h2 id="grant-of-rights">2. GRANT OF RIGHTS</h2>
<ul>
<li>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.
</li>
<li>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.
</li>
<li>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.
</li>
<li>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.
</li>
<li>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).
</li>
</ul>
<h2 id="requirements">3. REQUIREMENTS</h2>
<p>3.1 If a Contributor Distributes the Program in any form, then:</p>
<ul>
<li>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
</li>
<li>
b) the Contributor may Distribute the Program under a license
different than this Agreement, provided that such license:
<ul>
<li>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;
</li>
<li>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;
</li>
<li>iii) does not attempt to limit or alter the recipients' rights in the
Source Code under section 3.2; and
</li>
<li>iv) requires any subsequent distribution of the Program by any party
to be under a license that satisfies the requirements of this section 3.
</li>
</ul>
</li>
</ul>
<p>3.2 When the Program is Distributed as Source Code:</p>
<ul>
<li>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
</li>
<li>b) a copy of this Agreement must be included with each copy of the Program.</li>
</ul>
<p>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.
</p>
<h2 id="commercial-distribution">4. COMMERCIAL DISTRIBUTION</h2>
<p>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.
</p>
<p>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.
</p>
<h2 id="warranty">5. NO WARRANTY</h2>
<p>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.
</p>
<h2 id="disclaimer">6. DISCLAIMER OF LIABILITY</h2>
<p>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.
</p>
<h2 id="general">7. GENERAL</h2>
<p>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.
</p>
<p>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.
</p>
<p>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.
</p>
<p>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.
</p>
<p>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.
</p>
<h2 id="exhibit-a">Exhibit A – Form of Secondary Licenses Notice</h2>
<p>“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}.”
</p>
<blockquote>
<p>Simply including a copy of this Agreement, including this Exhibit A
is not sufficient to license the Source Code under Secondary Licenses.
</p>
<p>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.
</p>
<p>You may add additional accurate notices of copyright ownership.</p>
</blockquote>
</body>
</html>