source: trunk/epl-v10.txt @ 3939

Last change on this file since 3939 was 2502, checked in by bradbell, 7 years ago

Add new license files to repository in preparation for changing licenses.

epl_html2txt.py: script that created epl-v10.txt from epl-v10.html.
epl-v10.html: original epl license.
epl-v10.txt: replacement for cpl1.0.txt
gpl-3.0.txt: replacement for gpl2.txt

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1
2
3Eclipse Public License - v 1.0
4
5THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
6PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
7DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
8AGREEMENT.
9
101. DEFINITIONS
11
12"Contribution" means:
13
14        a) in the case of the initial Contributor, the initial
15        code and documentation distributed under this Agreement, and
16        b) in the case of each subsequent Contributor:
17        i) changes to the Program, and
18        ii) additions to the Program;
19        where such changes and/or additions to the Program
20        originate from and are distributed by that particular Contributor. A
21        Contribution 'originates' from a Contributor if it was added to the
22        Program by such Contributor itself or anyone acting on such
23        Contributor's behalf. Contributions do not include additions to the
24        Program which: (i) are separate modules of software distributed in
25        conjunction with the Program under their own license agreement, and (ii)
26        are not derivative works of the Program.
27
28"Contributor" means any person or entity that distributes
29the Program.
30
31"Licensed Patents" mean patent claims licensable by a
32Contributor which are necessarily infringed by the use or sale of its
33Contribution alone or when combined with the Program.
34
35"Program" means the Contributions distributed in accordance
36with this Agreement.
37
38"Recipient" means anyone who receives the Program under
39this Agreement, including all Contributors.
40
412. GRANT OF RIGHTS
42
43        a) Subject to the terms of this Agreement, each
44        Contributor hereby grants Recipient a non-exclusive, worldwide,
45        royalty-free copyright license to reproduce, prepare derivative works
46        of, publicly display, publicly perform, distribute and sublicense the
47        Contribution of such Contributor, if any, and such derivative works, in
48        source code and object code form.
49
50        b) Subject to the terms of this Agreement, each
51        Contributor hereby grants Recipient a non-exclusive, worldwide,
52        royalty-free patent license under Licensed Patents to make, use, sell,
53        offer to sell, import and otherwise transfer the Contribution of such
54        Contributor, if any, in source code and object code form. This patent
55        license shall apply to the combination of the Contribution and the
56        Program if, at the time the Contribution is added by the Contributor,
57        such addition of the Contribution causes such combination to be covered
58        by the Licensed Patents. The patent license shall not apply to any other
59        combinations which include the Contribution. No hardware per se is
60        licensed hereunder.
61
62        c) Recipient understands that although each Contributor
63        grants the licenses to its Contributions set forth herein, no assurances
64        are provided by any Contributor that the Program does not infringe the
65        patent or other intellectual property rights of any other entity. Each
66        Contributor disclaims any liability to Recipient for claims brought by
67        any other entity based on infringement of intellectual property rights
68        or otherwise. As a condition to exercising the rights and licenses
69        granted hereunder, each Recipient hereby assumes sole responsibility to
70        secure any other intellectual property rights needed, if any. For
71        example, if a third party patent license is required to allow Recipient
72        to distribute the Program, it is Recipient's responsibility to acquire
73        that license before distributing the Program.
74
75        d) Each Contributor represents that to its knowledge it
76        has sufficient copyright rights in its Contribution, if any, to grant
77        the copyright license set forth in this Agreement.
78
793. REQUIREMENTS
80
81A Contributor may choose to distribute the Program in object code
82form under its own license agreement, provided that:
83
84        a) it complies with the terms and conditions of this
85        Agreement; and
86
87        b) its license agreement:
88
89        i) effectively disclaims on behalf of all Contributors
90        all warranties and conditions, express and implied, including warranties
91        or conditions of title and non-infringement, and implied warranties or
92        conditions of merchantability and fitness for a particular purpose;
93
94        ii) effectively excludes on behalf of all Contributors
95        all liability for damages, including direct, indirect, special,
96        incidental and consequential damages, such as lost profits;
97
98        iii) states that any provisions which differ from this
99        Agreement are offered by that Contributor alone and not by any other
100        party; and
101
102        iv) states that source code for the Program is available
103        from such Contributor, and informs licensees how to obtain it in a
104        reasonable manner on or through a medium customarily used for software
105        exchange.
106
107When the Program is made available in source code form:
108
109        a) it must be made available under this Agreement; and
110
111        b) a copy of this Agreement must be included with each
112        copy of the Program.
113
114Contributors may not remove or alter any copyright notices contained
115within the Program.
116
117Each Contributor must identify itself as the originator of its
118Contribution, if any, in a manner that reasonably allows subsequent
119Recipients to identify the originator of the Contribution.
120
1214. COMMERCIAL DISTRIBUTION
122
123Commercial distributors of software may accept certain
124responsibilities with respect to end users, business partners and the
125like. While this license is intended to facilitate the commercial use of
126the Program, the Contributor who includes the Program in a commercial
127product offering should do so in a manner which does not create
128potential liability for other Contributors. Therefore, if a Contributor
129includes the Program in a commercial product offering, such Contributor
130("Commercial Contributor") hereby agrees to defend and
131indemnify every other Contributor ("Indemnified Contributor")
132against any losses, damages and costs (collectively "Losses")
133arising from claims, lawsuits and other legal actions brought by a third
134party against the Indemnified Contributor to the extent caused by the
135acts or omissions of such Commercial Contributor in connection with its
136distribution of the Program in a commercial product offering. The
137obligations in this section do not apply to any claims or Losses
138relating to any actual or alleged intellectual property infringement. In
139order to qualify, an Indemnified Contributor must: a) promptly notify
140the Commercial Contributor in writing of such claim, and b) allow the
141Commercial Contributor to control, and cooperate with the Commercial
142Contributor in, the defense and any related settlement negotiations. The
143Indemnified Contributor may participate in any such claim at its own
144expense.
145
146For example, a Contributor might include the Program in a commercial
147product offering, Product X. That Contributor is then a Commercial
148Contributor. If that Commercial Contributor then makes performance
149claims, or offers warranties related to Product X, those performance
150claims and warranties are such Commercial Contributor's responsibility
151alone. Under this section, the Commercial Contributor would have to
152defend claims against the other Contributors related to those
153performance claims and warranties, and if a court requires any other
154Contributor to pay any damages as a result, the Commercial Contributor
155must pay those damages.
156
1575. NO WARRANTY
158
159EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
160PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
161OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
162ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
163OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
164responsible for determining the appropriateness of using and
165distributing the Program and assumes all risks associated with its
166exercise of rights under this Agreement , including but not limited to
167the risks and costs of program errors, compliance with applicable laws,
168damage to or loss of data, programs or equipment, and unavailability or
169interruption of operations.
170
1716. DISCLAIMER OF LIABILITY
172
173EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
174NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
175INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
176WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
177LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
178NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
179DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
180HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
181
1827. GENERAL
183
184If any provision of this Agreement is invalid or unenforceable under
185applicable law, it shall not affect the validity or enforceability of
186the remainder of the terms of this Agreement, and without further action
187by the parties hereto, such provision shall be reformed to the minimum
188extent necessary to make such provision valid and enforceable.
189
190If Recipient institutes patent litigation against any entity
191(including a cross-claim or counterclaim in a lawsuit) alleging that the
192Program itself (excluding combinations of the Program with other
193software or hardware) infringes such Recipient's patent(s), then such
194Recipient's rights granted under Section 2(b) shall terminate as of the
195date such litigation is filed.
196
197All Recipient's rights under this Agreement shall terminate if it
198fails to comply with any of the material terms or conditions of this
199Agreement and does not cure such failure in a reasonable period of time
200after becoming aware of such noncompliance. If all Recipient's rights
201under this Agreement terminate, Recipient agrees to cease use and
202distribution of the Program as soon as reasonably practicable. However,
203Recipient's obligations under this Agreement and any licenses granted by
204Recipient relating to the Program shall continue and survive.
205
206Everyone is permitted to copy and distribute copies of this
207Agreement, but in order to avoid inconsistency the Agreement is
208copyrighted and may only be modified in the following manner. The
209Agreement Steward reserves the right to publish new versions (including
210revisions) of this Agreement from time to time. No one other than the
211Agreement Steward has the right to modify this Agreement. The Eclipse
212Foundation is the initial Agreement Steward. The Eclipse Foundation may
213assign the responsibility to serve as the Agreement Steward to a
214suitable separate entity. Each new version of the Agreement will be
215given a distinguishing version number. The Program (including
216Contributions) may always be distributed subject to the version of the
217Agreement under which it was received. In addition, after a new version
218of the Agreement is published, Contributor may elect to distribute the
219Program (including its Contributions) under the new version. Except as
220expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
221rights or licenses to the intellectual property of any Contributor under
222this Agreement, whether expressly, by implication, estoppel or
223otherwise. All rights in the Program not expressly granted under this
224Agreement are reserved.
225
226This Agreement is governed by the laws of the State of New York and
227the intellectual property laws of the United States of America. No party
228to this Agreement will bring a legal action under this Agreement more
229than one year after the cause of action arose. Each party waives its
230rights to a jury trial in any resulting litigation.
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