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Creative Commons Legal Code
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Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International
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Public License
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CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE
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LEGAL SERVICES. DISTRIBUTION OF THIS DOCUMENT DOES NOT CREATE AN
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ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS
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INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES
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REGARDING THE USE OF THIS DOCUMENT OR THE INFORMATION OR WORKS
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PROVIDED HEREUNDER, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM
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THE USE OF THIS DOCUMENT OR THE INFORMATION OR WORKS PROVIDED
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HEREUNDER.
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Statement of Purpose
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The laws of most jurisdictions throughout the world automatically confer
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exclusive Copyright and Related Rights (defined below) upon the creator
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and subsequent owner(s) (each and all, an "owner") of an original work of
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authorship and/or a database (each, a "Work").
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Certain owners wish to permanently relinquish those rights to a Work for
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the purpose of contributing to a commons of creative, cultural and
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scientific works ("Commons") that the public can reliably and without fear
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of later claims of infringement build upon, modify, incorporate in other
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works, reuse and redistribute as freely as possible in any form whatsoever
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and for any purposes, including without limitation commercial purposes.
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These owners may contribute to the Commons to promote the ideal of a free
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For these and/or other purposes and motivations, and without any
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associating CC0 with a Work (the "Affirmer"), to the extent that he or she
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elects to apply CC0 to the Work and publicly distribute the Work under its
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Section 1 -- Definitions.
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a. Adapted Material means material subject to Copyright and Similar
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Rights that is derived from or based upon the Licensed Material
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and in which the Licensed Material is translated, altered,
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arranged, transformed, or otherwise modified in a manner requiring
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permission under the Copyright and Similar Rights held by the
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Licensor. For purposes of this Public License, where the Licensed
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Material is a musical work, performance, or sound recording,
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Adapted Material is always produced where the Licensed Material is
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synched in timed relation with a moving image.
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b. Adapter's License means the license You apply to Your Copyright
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and Similar Rights in Your contributions to Adapted Material in
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accordance with the terms and conditions of this Public License.
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c. BY-NC-SA Compatible License means a license listed at
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creativecommons.org/compatiblelicenses, approved by Creative
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Commons as essentially the equivalent of this Public License.
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d. Copyright and Similar Rights means copyright and/or similar rights
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closely related to copyright including, without limitation,
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performance, broadcast, sound recording, and Sui Generis Database
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Rights, without regard to how the rights are labeled or
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categorized. For purposes of this Public License, the rights
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specified in Section 2(b)(1)-(2) are not Copyright and Similar
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Rights.
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e. Effective Technological Measures means those measures that, in the
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absence of proper authority, may not be circumvented under laws
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fulfilling obligations under Article 11 of the WIPO Copyright
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Treaty adopted on December 20, 1996, and/or similar international
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agreements.
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f. Exceptions and Limitations means fair use, fair dealing, and/or
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any other exception or limitation to Copyright and Similar Rights
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that applies to Your use of the Licensed Material.
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g. License Elements means the license attributes listed in the name
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of a Creative Commons Public License. The License Elements of this
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Public License are Attribution, NonCommercial, and ShareAlike.
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h. Licensed Material means the artistic or literary work, database,
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or other material to which the Licensor applied this Public
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License.
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i. Licensed Rights means the rights granted to You subject to the
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terms and conditions of this Public License, which are limited to
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all Copyright and Similar Rights that apply to Your use of the
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Licensed Material and that the Licensor has authority to license.
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j. Licensor means the individual(s) or entity(ies) granting rights
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under this Public License.
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k. NonCommercial means not primarily intended for or directed towards
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commercial advantage or monetary compensation. For purposes of
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this Public License, the exchange of the Licensed Material for
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other material subject to Copyright and Similar Rights by digital
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file-sharing or similar means is NonCommercial provided there is
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no payment of monetary compensation in connection with the
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exchange.
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l. Share means to provide material to the public by any means or
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process that requires permission under the Licensed Rights, such
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as reproduction, public display, public performance, distribution,
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dissemination, communication, or importation, and to make material
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available to the public including in ways that members of the
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public may access the material from a place and at a time
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individually chosen by them.
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m. Sui Generis Database Rights means rights other than copyright
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resulting from Directive 96/9/EC of the European Parliament and of
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the Council of 11 March 1996 on the legal protection of databases,
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as amended and/or succeeded, as well as other essentially
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equivalent rights anywhere in the world.
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n. You means the individual or entity exercising the Licensed Rights
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under this Public License. Your has a corresponding meaning.
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Section 2 -- Scope.
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a. License grant.
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1. Subject to the terms and conditions of this Public License,
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the Licensor hereby grants You a worldwide, royalty-free,
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non-sublicensable, non-exclusive, irrevocable license to
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exercise the Licensed Rights in the Licensed Material to:
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a. reproduce and Share the Licensed Material, in whole or
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in part, for NonCommercial purposes only; and
|
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|
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b. produce, reproduce, and Share Adapted Material for
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NonCommercial purposes only.
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|
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2. Exceptions and Limitations. For the avoidance of doubt, where
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Exceptions and Limitations apply to Your use, this Public
|
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License does not apply, and You do not need to comply with
|
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its terms and conditions.
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|
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3. Term. The term of this Public License is specified in Section
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6(a).
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4. Media and formats; technical modifications allowed. The
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Licensor authorizes You to exercise the Licensed Rights in
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all media and formats whether now known or hereafter created,
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and to make technical modifications necessary to do so. The
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Licensor waives and/or agrees not to assert any right or
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authority to forbid You from making technical modifications
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necessary to exercise the Licensed Rights, including
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technical modifications necessary to circumvent Effective
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Technological Measures. For purposes of this Public License,
|
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simply making modifications authorized by this Section 2(a)
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(4) never produces Adapted Material.
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5. Downstream recipients.
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|
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a. Offer from the Licensor -- Licensed Material. Every
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recipient of the Licensed Material automatically
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receives an offer from the Licensor to exercise the
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Licensed Rights under the terms and conditions of this
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Public License.
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|
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b. Additional offer from the Licensor -- Adapted Material.
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Every recipient of Adapted Material from You
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automatically receives an offer from the Licensor to
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exercise the Licensed Rights in the Adapted Material
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under the conditions of the Adapter's License You apply.
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|
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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
|
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Licensed Material if doing so restricts exercise of the
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Licensed Rights by any recipient of the Licensed
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Material.
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6. No endorsement. Nothing in this Public License constitutes or
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may be construed as permission to assert or imply that You
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are, or that Your use of the Licensed Material is, connected
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with, or sponsored, endorsed, or granted official status by,
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the Licensor or others designated to receive attribution as
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provided in Section 3(a)(1)(A)(i).
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|
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b. Other rights.
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1. Moral rights, such as the right of integrity, are not
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licensed under this Public License, nor are publicity,
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privacy, and/or other similar personality rights; however, to
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the extent possible, the Licensor waives and/or agrees not to
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assert any such rights held by the Licensor to the limited
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extent necessary to allow You to exercise the Licensed
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Rights, but not otherwise.
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2. Patent and trademark rights are not licensed under this
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Public License.
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3. To the extent possible, the Licensor waives any right to
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collect royalties from You for the exercise of the Licensed
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Rights, whether directly or through a collecting society
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under any voluntary or waivable statutory or compulsory
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licensing scheme. In all other cases the Licensor expressly
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reserves any right to collect such royalties, including when
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the Licensed Material is used other than for NonCommercial
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purposes.
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|
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Section 3 -- License Conditions.
|
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|
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Your exercise of the Licensed Rights is expressly made subject to the
|
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following conditions.
|
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|
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a. Attribution.
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|
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1. If You Share the Licensed Material (including in modified
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form), You must:
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|
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a. retain the following if it is supplied by the Licensor
|
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with the Licensed Material:
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|
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i. identification of the creator(s) of the Licensed
|
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Material and any others designated to receive
|
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attribution, in any reasonable manner requested by
|
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the Licensor (including by pseudonym if
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designated);
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|
||||
ii. a copyright notice;
|
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|
||||
iii. a notice that refers to this Public License;
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|
||||
iv. a notice that refers to the disclaimer of
|
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warranties;
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|
||||
v. a URI or hyperlink to the Licensed Material to the
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extent reasonably practicable;
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||||
|
||||
b. indicate if You modified the Licensed Material and
|
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retain an indication of any previous modifications; and
|
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|
||||
c. indicate the Licensed Material is licensed under this
|
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Public License, and include the text of, or the URI or
|
||||
hyperlink to, this Public License.
|
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|
||||
2. You may satisfy the conditions in Section 3(a)(1) in any
|
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reasonable manner based on the medium, means, and context in
|
||||
which You Share the Licensed Material. For example, it may be
|
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reasonable to satisfy the conditions by providing a URI or
|
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hyperlink to a resource that includes the required
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information.
|
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3. If requested by the Licensor, You must remove any of the
|
||||
information required by Section 3(a)(1)(A) to the extent
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reasonably practicable.
|
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|
||||
b. ShareAlike.
|
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|
||||
In addition to the conditions in Section 3(a), if You Share
|
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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
|
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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,
|
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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.
|
||||
|
||||
Reference in New Issue
Block a user