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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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