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Eclipse Public License - v 2.0 Attribution-NonCommercial-ShareAlike 4.0 International
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.
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"Licensed Patents" mean patent claims licensable by a Contributor which =======================================================================
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"Program" means the Contributions Distributed in accordance with this Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International
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2. GRANT OF RIGHTS d. Copyright and Similar Rights means copyright and/or similar rights
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.
a) Subject to the terms of this Agreement, each Contributor hereby e. Effective Technological Measures means those measures that, in the
grants Recipient a non-exclusive, worldwide, royalty-free copyright absence of proper authority, may not be circumvented under laws
license to reproduce, prepare Derivative Works of, publicly display, fulfilling obligations under Article 11 of the WIPO Copyright
publicly perform, Distribute and sublicense the Contribution of such Treaty adopted on December 20, 1996, and/or similar international
Contributor, if any, and such Derivative Works. agreements.
b) Subject to the terms of this Agreement, each Contributor hereby f. Exceptions and Limitations means fair use, fair dealing, and/or
grants Recipient a non-exclusive, worldwide, royalty-free patent any other exception or limitation to Copyright and Similar Rights
license under Licensed Patents to make, use, sell, offer to sell, that applies to Your use of the Licensed Material.
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
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sufficient copyright rights in its Contribution, if any, to grant or other material to which the Licensor applied this Public
the copyright license set forth in this Agreement. License.
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receipt of the Program under the terms of a Secondary License Licensed Material and that the Licensor has authority to license.
(if permitted under the terms of Section 3).
3. REQUIREMENTS j. Licensor means the individual(s) or entity(ies) granting rights
under this Public License.
3.1 If a Contributor Distributes the Program in any form, then: 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.
a) the Program must also be made available as Source Code, in l. Share means to provide material to the public by any means or
accordance with section 3.2, and the Contributor must accompany process that requires permission under the Licensed Rights, such
the Program with a statement that the Source Code for the Program as reproduction, public display, public performance, distribution,
is available under this Agreement, and informs Recipients how to dissemination, communication, or importation, and to make material
obtain it in a reasonable manner on or through a medium customarily available to the public including in ways that members of the
used for software exchange; and public may access the material from a place and at a time
individually chosen by them.
b) the Contributor may Distribute the Program under a license m. Sui Generis Database Rights means rights other than copyright
different than this Agreement, provided that such license: resulting from Directive 96/9/EC of the European Parliament and of
i) effectively disclaims on behalf of all other Contributors all the Council of 11 March 1996 on the legal protection of databases,
warranties and conditions, express and implied, including as amended and/or succeeded, as well as other essentially
warranties or conditions of title and non-infringement, and equivalent rights anywhere in the world.
implied warranties or conditions of merchantability and fitness
for a particular purpose;
ii) effectively excludes on behalf of all other Contributors all n. You means the individual or entity exercising the Licensed Rights
liability for damages, including direct, indirect, special, under this Public License. Your has a corresponding meaning.
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 Section 2 -- Scope.
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. License grant.
a) it must be made available under this Agreement, or if the 1. Subject to the terms and conditions of this Public License,
Program (i) is combined with other material in a separate file or the Licensor hereby grants You a worldwide, royalty-free,
files made available under a Secondary License, and (ii) the initial non-sublicensable, non-exclusive, irrevocable license to
Contributor attached to the Source Code the notice described in exercise the Licensed Rights in the Licensed Material to:
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 a. reproduce and Share the Licensed Material, in whole or
the Program. in part, for NonCommercial purposes only; and
3.3 Contributors may not remove or alter any copyright, patent, b. produce, reproduce, and Share Adapted Material for
trademark, attribution notices, disclaimers of warranty, or limitations NonCommercial purposes only.
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 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.
Commercial distributors of software may accept certain responsibilities 3. Term. The term of this Public License is specified in Section
with respect to end users, business partners and the like. While this 6(a).
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
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apply to any claims or Losses relating to any actual or alleged
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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 4. Media and formats; technical modifications allowed. The
product offering, Product X. That Contributor is then a Commercial Licensor authorizes You to exercise the Licensed Rights in
Contributor. If that Commercial Contributor then makes performance all media and formats whether now known or hereafter created,
claims, or offers warranties related to Product X, those performance and to make technical modifications necessary to do so. The
claims and warranties are such Commercial Contributor's responsibility Licensor waives and/or agrees not to assert any right or
alone. Under this section, the Commercial Contributor would have to authority to forbid You from making technical modifications
defend claims against the other Contributors related to those performance necessary to exercise the Licensed Rights, including
claims and warranties, and if a court requires any other Contributor to technical modifications necessary to circumvent Effective
pay any damages as a result, the Commercial Contributor must pay Technological Measures. For purposes of this Public License,
those damages. simply making modifications authorized by this Section 2(a)
(4) never produces Adapted Material.
5. NO WARRANTY 5. Downstream recipients.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT a. Offer from the Licensor -- Licensed Material. Every
PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS" recipient of the Licensed Material automatically
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR receives an offer from the Licensor to exercise the
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF Licensed Rights under the terms and conditions of this
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR Public License.
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 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.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT c. No downstream restrictions. You may not offer or impose
PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS any additional or different terms or conditions on, or
SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, apply any Effective Technological Measures to, the
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST Licensed Material if doing so restricts exercise of the
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN Licensed Rights by any recipient of the Licensed
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) Material.
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
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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).
If any provision of this Agreement is invalid or unenforceable under b. Other rights.
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further
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minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity 1. Moral rights, such as the right of integrity, are not
(including a cross-claim or counterclaim in a lawsuit) alleging that the licensed under this Public License, nor are publicity,
Program itself (excluding combinations of the Program with other software privacy, and/or other similar personality rights; however, to
or hardware) infringes such Recipient's patent(s), then such Recipient's the extent possible, the Licensor waives and/or agrees not to
rights granted under Section 2(b) shall terminate as of the date such assert any such rights held by the Licensor to the limited
litigation is filed. extent necessary to allow You to exercise the Licensed
Rights, but not otherwise.
All Recipient's rights under this Agreement shall terminate if it 2. Patent and trademark rights are not licensed under this
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time after becoming aware of such noncompliance. If all Recipient's
rights under this Agreement terminate, Recipient agrees to cease use
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However, Recipient's obligations under this Agreement and any licenses
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Everyone is permitted to copy and distribute copies of this Agreement, 3. To the extent possible, the Licensor waives any right to
but in order to avoid inconsistency the Agreement is copyrighted and collect royalties from You for the exercise of the Licensed
may only be modified in the following manner. The Agreement Steward Rights, whether directly or through a collecting society
reserves the right to publish new versions (including revisions) of under any voluntary or waivable statutory or compulsory
this Agreement from time to time. No one other than the Agreement licensing scheme. In all other cases the Licensor expressly
Steward has the right to modify this Agreement. The Eclipse Foundation reserves any right to collect such royalties, including when
is the initial Agreement Steward. The Eclipse Foundation may assign the the Licensed Material is used other than for NonCommercial
responsibility to serve as the Agreement Steward to a suitable separate purposes.
entity. Each new version of the Agreement will be given a distinguishing
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Distributed subject to the version of the Agreement under which it was
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Contributor may elect to Distribute the Program (including its
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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
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No third-party beneficiary rights are created under this Agreement.
Exhibit A - Form of Secondary Licenses Notice Section 3 -- License Conditions.
"This Source Code may also be made available under the following Your exercise of the Licensed Rights is expressly made subject to the
Secondary Licenses when the conditions for such availability set forth following conditions.
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 a. Attribution.
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 1. If You Share the Licensed Material (including in modified
file, then You may include the notice in a location (such as a LICENSE form), You must:
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. 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.
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Licensed Material not stated herein are separate from and
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Section 8 -- Interpretation.
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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
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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.
=======================================================================
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