1Eclipse Public License - v 2.023 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE4 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION5 OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.671. DEFINITIONS89"Contribution" means:1011 a) in the case of the initial Contributor, the initial content12 Distributed under this Agreement, and1314 b) in the case of each subsequent Contributor:15 i) changes to the Program, and16 ii) additions to the Program;17 where such changes and/or additions to the Program originate from18 and are Distributed by that particular Contributor. A Contribution19 "originates" from a Contributor if it was added to the Program by20 such Contributor itself or anyone acting on such Contributor's behalf.21 Contributions do not include changes or additions to the Program that22 are not Modified Works.2324"Contributor" means any person or entity that Distributes the Program.2526"Licensed Patents" mean patent claims licensable by a Contributor which27are necessarily infringed by the use or sale of its Contribution alone28or when combined with the Program.2930"Program" means the Contributions Distributed in accordance with this31Agreement.3233"Recipient" means anyone who receives the Program under this Agreement34or any Secondary License (as applicable), including Contributors.3536"Derivative Works" shall mean any work, whether in Source Code or other37form, that is based on (or derived from) the Program and for which the38editorial revisions, annotations, elaborations, or other modifications39represent, as a whole, an original work of authorship.4041"Modified Works" shall mean any work in Source Code or other form that42results from an addition to, deletion from, or modification of the43contents of the Program, including, for purposes of clarity any new file44in Source Code form that contains any contents of the Program. Modified45Works shall not include works that contain only declarations,46interfaces, types, classes, structures, or files of the Program solely47in each case in order to link to, bind by name, or subclass the Program48or Modified Works thereof.4950"Distribute" means the acts of a) distributing or b) making available51in any manner that enables the transfer of a copy.5253"Source Code" means the form of a Program preferred for making54modifications, including but not limited to software source code,55documentation source, and configuration files.5657"Secondary License" means either the GNU General Public License,58Version 2.0, or any later versions of that license, including any59exceptions or additional permissions as identified by the initial60Contributor.61622. GRANT OF RIGHTS6364 a) Subject to the terms of this Agreement, each Contributor hereby65 grants Recipient a non-exclusive, worldwide, royalty-free copyright66 license to reproduce, prepare Derivative Works of, publicly display,67 publicly perform, Distribute and sublicense the Contribution of such68 Contributor, if any, and such Derivative Works.6970 b) Subject to the terms of this Agreement, each Contributor hereby71 grants Recipient a non-exclusive, worldwide, royalty-free patent72 license under Licensed Patents to make, use, sell, offer to sell,73 import and otherwise transfer the Contribution of such Contributor,74 if any, in Source Code or other form. This patent license shall75 apply to the combination of the Contribution and the Program if, at76 the time the Contribution is added by the Contributor, such addition77 of the Contribution causes such combination to be covered by the78 Licensed Patents. The patent license shall not apply to any other79 combinations which include the Contribution. No hardware per se is80 licensed hereunder.8182 c) Recipient understands that although each Contributor grants the83 licenses to its Contributions set forth herein, no assurances are84 provided by any Contributor that the Program does not infringe the85 patent or other intellectual property rights of any other entity.86 Each Contributor disclaims any liability to Recipient for claims87 brought by any other entity based on infringement of intellectual88 property rights or otherwise. As a condition to exercising the89 rights and licenses granted hereunder, each Recipient hereby90 assumes sole responsibility to secure any other intellectual91 property rights needed, if any. For example, if a third party92 patent license is required to allow Recipient to Distribute the93 Program, it is Recipient's responsibility to acquire that license94 before distributing the Program.9596 d) Each Contributor represents that to its knowledge it has97 sufficient copyright rights in its Contribution, if any, to grant98 the copyright license set forth in this Agreement.99100 e) Notwithstanding the terms of any Secondary License, no101 Contributor makes additional grants to any Recipient (other than102 those set forth in this Agreement) as a result of such Recipient's103 receipt of the Program under the terms of a Secondary License104 (if permitted under the terms of Section 3).1051063. REQUIREMENTS1071083.1 If a Contributor Distributes the Program in any form, then:109110 a) the Program must also be made available as Source Code, in111 accordance with section 3.2, and the Contributor must accompany112 the Program with a statement that the Source Code for the Program113 is available under this Agreement, and informs Recipients how to114 obtain it in a reasonable manner on or through a medium customarily115 used for software exchange; and116117 b) the Contributor may Distribute the Program under a license118 different than this Agreement, provided that such license:119 i) effectively disclaims on behalf of all other Contributors all120 warranties and conditions, express and implied, including121 warranties or conditions of title and non-infringement, and122 implied warranties or conditions of merchantability and fitness123 for a particular purpose;124125 ii) effectively excludes on behalf of all other Contributors all126 liability for damages, including direct, indirect, special,127 incidental and consequential damages, such as lost profits;128129 iii) does not attempt to limit or alter the recipients' rights130 in the Source Code under section 3.2; and131132 iv) requires any subsequent distribution of the Program by any133 party to be under a license that satisfies the requirements134 of this section 3.1351363.2 When the Program is Distributed as Source Code:137138 a) it must be made available under this Agreement, or if the139 Program (i) is combined with other material in a separate file or140 files made available under a Secondary License, and (ii) the initial141 Contributor attached to the Source Code the notice described in142 Exhibit A of this Agreement, then the Program may be made available143 under the terms of such Secondary Licenses, and144145 b) a copy of this Agreement must be included with each copy of146 the Program.1471483.3 Contributors may not remove or alter any copyright, patent,149trademark, attribution notices, disclaimers of warranty, or limitations150of liability ("notices") contained within the Program from any copy of151the Program which they Distribute, provided that Contributors may add152their own appropriate notices.1531544. COMMERCIAL DISTRIBUTION155156Commercial distributors of software may accept certain responsibilities157with respect to end users, business partners and the like. While this158license is intended to facilitate the commercial use of the Program,159the Contributor who includes the Program in a commercial product160offering should do so in a manner which does not create potential161liability for other Contributors. Therefore, if a Contributor includes162the Program in a commercial product offering, such Contributor163("Commercial Contributor") hereby agrees to defend and indemnify every164other Contributor ("Indemnified Contributor") against any losses,165damages and costs (collectively "Losses") arising from claims, lawsuits166and other legal actions brought by a third party against the Indemnified167Contributor to the extent caused by the acts or omissions of such168Commercial Contributor in connection with its distribution of the Program169in a commercial product offering. The obligations in this section do not170apply to any claims or Losses relating to any actual or alleged171intellectual property infringement. In order to qualify, an Indemnified172Contributor must: a) promptly notify the Commercial Contributor in173writing of such claim, and b) allow the Commercial Contributor to control,174and cooperate with the Commercial Contributor in, the defense and any175related settlement negotiations. The Indemnified Contributor may176participate in any such claim at its own expense.177178For example, a Contributor might include the Program in a commercial179product offering, Product X. That Contributor is then a Commercial180Contributor. If that Commercial Contributor then makes performance181claims, or offers warranties related to Product X, those performance182claims and warranties are such Commercial Contributor's responsibility183alone. Under this section, the Commercial Contributor would have to184defend claims against the other Contributors related to those performance185claims and warranties, and if a court requires any other Contributor to186pay any damages as a result, the Commercial Contributor must pay187those damages.1881895. NO WARRANTY190191EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT192PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"193BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR194IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF195TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR196PURPOSE. Each Recipient is solely responsible for determining the197appropriateness of using and distributing the Program and assumes all198risks associated with its exercise of rights under this Agreement,199including but not limited to the risks and costs of program errors,200compliance with applicable laws, damage to or loss of data, programs201or equipment, and unavailability or interruption of operations.2022036. DISCLAIMER OF LIABILITY204205EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT206PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS207SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,208EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST209PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN210CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)211ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE212EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE213POSSIBILITY OF SUCH DAMAGES.2142157. GENERAL216217If any provision of this Agreement is invalid or unenforceable under218applicable law, it shall not affect the validity or enforceability of219the remainder of the terms of this Agreement, and without further220action by the parties hereto, such provision shall be reformed to the221minimum extent necessary to make such provision valid and enforceable.222223If Recipient institutes patent litigation against any entity224(including a cross-claim or counterclaim in a lawsuit) alleging that the225Program itself (excluding combinations of the Program with other software226or hardware) infringes such Recipient's patent(s), then such Recipient's227rights granted under Section 2(b) shall terminate as of the date such228litigation is filed.229230All Recipient's rights under this Agreement shall terminate if it231fails to comply with any of the material terms or conditions of this232Agreement and does not cure such failure in a reasonable period of233time after becoming aware of such noncompliance. If all Recipient's234rights under this Agreement terminate, Recipient agrees to cease use235and distribution of the Program as soon as reasonably practicable.236However, Recipient's obligations under this Agreement and any licenses237granted by Recipient relating to the Program shall continue and survive.238239Everyone is permitted to copy and distribute copies of this Agreement,240but in order to avoid inconsistency the Agreement is copyrighted and241may only be modified in the following manner. The Agreement Steward242reserves the right to publish new versions (including revisions) of243this Agreement from time to time. No one other than the Agreement244Steward has the right to modify this Agreement. The Eclipse Foundation245is the initial Agreement Steward. The Eclipse Foundation may assign the246responsibility to serve as the Agreement Steward to a suitable separate247entity. Each new version of the Agreement will be given a distinguishing248version number. The Program (including Contributions) may always be249Distributed subject to the version of the Agreement under which it was250received. In addition, after a new version of the Agreement is published,251Contributor may elect to Distribute the Program (including its252Contributions) under the new version.253254Except as expressly stated in Sections 2(a) and 2(b) above, Recipient255receives no rights or licenses to the intellectual property of any256Contributor under this Agreement, whether expressly, by implication,257estoppel or otherwise. All rights in the Program not expressly granted258under this Agreement are reserved. Nothing in this Agreement is intended259to be enforceable by any entity that is not a Contributor or Recipient.260No third-party beneficiary rights are created under this Agreement.261262Exhibit A - Form of Secondary Licenses Notice263264"This Source Code may also be made available under the following 265Secondary Licenses when the conditions for such availability set forth 266in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),267version(s), and exceptions or additional permissions here}."268269 Simply including a copy of this Agreement, including this Exhibit A270 is not sufficient to license the Source Code under Secondary Licenses.271272 If it is not possible or desirable to put the notice in a particular273 file, then You may include the notice in a location (such as a LICENSE274 file in a relevant directory) where a recipient would be likely to275 look for such a notice.276277 You may add additional accurate notices of copyright ownership.