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Creative Commons Legal Code
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International
Public License
CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
LEGAL SERVICES. DISTRIBUTION OF THIS DOCUMENT DOES NOT CREATE AN
ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
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REGARDING THE USE OF THIS DOCUMENT OR THE INFORMATION OR WORKS
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THE USE OF THIS DOCUMENT OR THE INFORMATION OR WORKS PROVIDED
HEREUNDER.
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Section 1 -- Definitions.
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Rights that is derived from or based upon the Licensed Material
and in which the Licensed Material is translated, altered,
arranged, transformed, or otherwise modified in a manner requiring
permission under the Copyright and Similar Rights held by the
Licensor. For purposes of this Public License, where the Licensed
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Adapted Material is always produced where the Licensed Material is
synched in timed relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright
and Similar Rights in Your contributions to Adapted Material in
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c. BY-NC-SA Compatible License means a license listed at
creativecommons.org/compatiblelicenses, approved by Creative
Commons as essentially the equivalent of this Public License.
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closely related to copyright including, without limitation,
performance, broadcast, sound recording, and Sui Generis Database
Rights, without regard to how the rights are labeled or
categorized. For purposes of this Public License, the rights
specified in Section 2(b)(1)-(2) are not Copyright and Similar
Rights.
e. Effective Technological Measures means those measures that, in the
absence of proper authority, may not be circumvented under laws
fulfilling obligations under Article 11 of the WIPO Copyright
Treaty adopted on December 20, 1996, and/or similar international
agreements.
f. Exceptions and Limitations means fair use, fair dealing, and/or
any other exception or limitation to Copyright and Similar Rights
that applies to Your use of the Licensed Material.
g. License Elements means the license attributes listed in the name
of a Creative Commons Public License. The License Elements of this
Public License are Attribution, NonCommercial, and ShareAlike.
h. Licensed Material means the artistic or literary work, database,
or other material to which the Licensor applied this Public
License.
i. Licensed Rights means the rights granted to You subject to the
terms and conditions of this Public License, which are limited to
all Copyright and Similar Rights that apply to Your use of the
Licensed Material and that the Licensor has authority to license.
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under this Public License.
k. NonCommercial means not primarily intended for or directed towards
commercial advantage or monetary compensation. For purposes of
this Public License, the exchange of the Licensed Material for
other material subject to Copyright and Similar Rights by digital
file-sharing or similar means is NonCommercial provided there is
no payment of monetary compensation in connection with the
exchange.
l. Share means to provide material to the public by any means or
process that requires permission under the Licensed Rights, such
as reproduction, public display, public performance, distribution,
dissemination, communication, or importation, and to make material
available to the public including in ways that members of the
public may access the material from a place and at a time
individually chosen by them.
m. Sui Generis Database Rights means rights other than copyright
resulting from Directive 96/9/EC of the European Parliament and of
the Council of 11 March 1996 on the legal protection of databases,
as amended and/or succeeded, as well as other essentially
equivalent rights anywhere in the world.
n. You means the individual or entity exercising the Licensed Rights
under this Public License. Your has a corresponding meaning.
Section 2 -- Scope.
a. License grant.
1. Subject to the terms and conditions of this Public License,
the Licensor hereby grants You a worldwide, royalty-free,
non-sublicensable, non-exclusive, irrevocable license to
exercise the Licensed Rights in the Licensed Material to:
a. reproduce and Share the Licensed Material, in whole or
in part, for NonCommercial purposes only; and
b. produce, reproduce, and Share Adapted Material for
NonCommercial purposes only.
2. Exceptions and Limitations. For the avoidance of doubt, where
Exceptions and Limitations apply to Your use, this Public
License does not apply, and You do not need to comply with
its terms and conditions.
3. Term. The term of this Public License is specified in Section
6(a).
4. Media and formats; technical modifications allowed. The
Licensor authorizes You to exercise the Licensed Rights in
all media and formats whether now known or hereafter created,
and to make technical modifications necessary to do so. The
Licensor waives and/or agrees not to assert any right or
authority to forbid You from making technical modifications
necessary to exercise the Licensed Rights, including
technical modifications necessary to circumvent Effective
Technological Measures. For purposes of this Public License,
simply making modifications authorized by this Section 2(a)
(4) never produces Adapted Material.
5. Downstream recipients.
a. Offer from the Licensor -- Licensed Material. Every
recipient of the Licensed Material automatically
receives an offer from the Licensor to exercise the
Licensed Rights under the terms and conditions of this
Public License.
b. Additional offer from the Licensor -- Adapted Material.
Every recipient of Adapted Material from You
automatically receives an offer from the Licensor to
exercise the Licensed Rights in the Adapted Material
under the conditions of the Adapter's License You apply.
c. No downstream restrictions. You may not offer or impose
any additional or different terms or conditions on, or
apply any Effective Technological Measures to, the
Licensed Material if doing so restricts exercise of the
Licensed Rights by any recipient of the Licensed
Material.
6. No endorsement. Nothing in this Public License constitutes or
may be construed as permission to assert or imply that You
are, or that Your use of the Licensed Material is, connected
with, or sponsored, endorsed, or granted official status by,
the Licensor or others designated to receive attribution as
provided in Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not
licensed under this Public License, nor are publicity,
privacy, and/or other similar personality rights; however, to
the extent possible, the Licensor waives and/or agrees not to
assert any such rights held by the Licensor to the limited
extent necessary to allow You to exercise the Licensed
Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this
Public License.
3. To the extent possible, the Licensor waives any right to
collect royalties from You for the exercise of the Licensed
Rights, whether directly or through a collecting society
under any voluntary or waivable statutory or compulsory
licensing scheme. In all other cases the Licensor expressly
reserves any right to collect such royalties, including when
the Licensed Material is used other than for NonCommercial
purposes.
Section 3 -- License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the
following conditions.
a. Attribution.
1. If You Share the Licensed Material (including in modified
form), You must:
a. retain the following if it is supplied by the Licensor
with the Licensed Material:
i. identification of the creator(s) of the Licensed
Material and any others designated to receive
attribution, in any reasonable manner requested by
the Licensor (including by pseudonym if
designated);
ii. a copyright notice;
iii. a notice that refers to this Public License;
iv. a notice that refers to the disclaimer of
warranties;
v. a URI or hyperlink to the Licensed Material to the
extent reasonably practicable;
b. indicate if You modified the Licensed Material and
retain an indication of any previous modifications; and
c. indicate the Licensed Material is licensed under this
Public License, and include the text of, or the URI or
hyperlink to, this Public License.
2. You may satisfy the conditions in Section 3(a)(1) in any
reasonable manner based on the medium, means, and context in
which You Share the Licensed Material. For example, it may be
reasonable to satisfy the conditions by providing a URI or
hyperlink to a resource that includes the required
information.
3. If requested by the Licensor, You must remove any of the
information required by Section 3(a)(1)(A) to the extent
reasonably practicable.
b. ShareAlike.
In addition to the conditions in Section 3(a), if You Share
Adapted Material You produce, the following conditions also apply.
1. The Adapter's License You apply must be a Creative Commons
license with the same License Elements, this version or
later, or a BY-NC-SA Compatible License.
2. You must include the text of, or the URI or hyperlink to, the
Adapter's License You apply. You may satisfy this condition
in any reasonable manner based on the medium, means, and
context in which You Share Adapted Material.
3. You may not offer or impose any additional or different terms
or conditions on, or apply any Effective Technological
Measures to, Adapted Material that restrict exercise of the
rights granted under the Adapter's License You apply.
Section 4 -- Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that
apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right
to extract, reuse, reproduce, and Share all or a substantial
portion of the contents of the database for NonCommercial purposes
only;
b. if You include all or a substantial portion of the database
contents in a database in which You have Sui Generis Database
Rights, then the database in which You have Sui Generis Database
Rights (but not its individual contents) is Adapted Material,
including for purposes of Section 3(b); and
c. You must comply with the conditions in Section 3(a) if You Share
all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not
replace Your obligations under this Public License where the Licensed
Rights include other Copyright and Similar Rights.
Section 5 -- Disclaimer of Warranties and Limitation of Liability.
a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE
EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS
AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION,
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS,
ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT
KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT
ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU.
b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE
TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES,
COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENSE OR
USE OF THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR
DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR
IN PART, THIS LIMITATION MAY NOT APPLY TO YOU.
c. The disclaimer of warranties and limitation of liability provided
above shall be interpreted in a manner that, to the extent
possible, most closely approximates an absolute disclaimer and
waiver of all liability.
Section 6 -- Term and Termination.
a. This Public License applies for the term of the Copyright and
Similar Rights licensed here. However, if You fail to comply with
this Public License, then Your rights under this Public License
terminate automatically.
b. Where Your right to use the Licensed Material has terminated under
Section 6(a), it reinstates:
1. automatically as of the date the violation is cured, provided
it is cured within 30 days of Your discovery of the
violation; or
2. upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(b) does not affect any
right the Licensor may have to seek remedies for Your violations
of this Public License.
c. For the avoidance of doubt, the Licensor may also offer the
Licensed Material under separate terms or conditions or stop
distributing the Licensed Material at any time; however, doing so
will not terminate this Public License.
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public
License.
Section 7 -- Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different
terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the
Licensed Material not stated herein are separate from and
independent of the terms and conditions of this Public License.
Section 8 -- Interpretation.
a. For the avoidance of doubt, this Public License does not, and
shall not be interpreted to, reduce, limit, restrict, or impose
conditions on any use of the Licensed Material that could lawfully
be made without permission under this Public License.
b. To the extent possible, if any provision of this Public License is
deemed unenforceable, it shall be automatically reformed to the
minimum extent necessary to make it enforceable. If the provision
cannot be reformed, it shall be severed from this Public License
without affecting the enforceability of the remaining terms and
conditions.
c. No term or condition of this Public License will be waived and no
failure to comply consented to unless expressly agreed to by the
Licensor.
d. Nothing in this Public License constitutes or may be interpreted
as a limitation upon, or waiver of, any privileges and immunities
that apply to the Licensor or You, including from the legal
processes of any jurisdiction or authority.
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.