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. +
+“Contribution” means:
+“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. +
+3.1 If a Contributor Distributes the Program in any form, then:
+3.2 When the Program is Distributed as Source Code:
+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. +
+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. +
+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. +
+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. +
+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. +
+“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.
+