b612/EPL-2.0.html at master · polarsys/b612

Repository navigation

History

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216

217

218

219

220

221

222

223

224

225

226

227

228

229

230

231

232

233

234

235

236

237

238

239

240

241

242

243

244

245

246

247

248

249

250

251

252

253

254

255

256

257

258

259

260

261

262

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd">

<head>

<title>Eclipse Public License - Version 2.0</title>

body {

margin: 1.5em 3em;

}

h1{

font-size:1.5em;

}

h2{

font-size:1em;

margin-bottom:0.5em;

margin-top:1em;

}

p {

margin-top: 0.5em;

margin-bottom: 0.5em;

}

ul, ol{

list-style-type:none;

}

</style>

</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

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>

<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>

FilesExpand file tree

EPL-2.0.html

Latest commit

History

EPL-2.0.html

File metadata and controls