github.com/shravanasati/hydra@v1.0.1-0.20240122045627-1082d2ed50d2/src/licenses/EPL (about)

     1  Eclipse Public License - v 2.0
     2  
     3  THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ( 
     4  “AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S 
     5  ACCEPTANCE OF THIS AGREEMENT.
     6  
     7  1. DEFINITIONS
     8  “Contribution” means:
     9  
    10  a) in the case of the initial Contributor, the initial content Distributed under this Agreement, and
    11  b) in the case of each subsequent Contributor:
    12  i) changes to the Program, and
    13  ii) additions to the Program;
    14  where such changes and/or additions to the Program originate from and are Distributed by 
    15  that particular Contributor. A Contribution “originates” from a Contributor if it was added 
    16  to the Program by such Contributor itself or anyone acting on such Contributor's behalf. 
    17  Contributions do not include changes or additions to the Program that are not Modified 
    18  Works.
    19  “Contributor” means any person or entity that Distributes the Program.
    20  
    21  “Licensed Patents” mean patent claims licensable by a Contributor which are necessarily 
    22  infringed by the use or sale of its Contribution alone or when combined with the Program.
    23  
    24  “Program” means the Contributions Distributed in accordance with this Agreement.
    25  
    26  “Recipient” means anyone who receives the Program under this Agreement or any Secondary 
    27  License (as applicable), including Contributors.
    28  
    29  “Derivative Works” shall mean any work, whether in Source Code or other form, that is based
    30  on (or derived from) the Program and for which the editorial revisions, annotations, 
    31  elaborations, or other modifications represent, as a whole, an original work of authorship.
    32  
    33  “Modified Works” shall mean any work in Source Code or other form that results from an 
    34  addition to, deletion from, or modification of the contents of the Program, including, for 
    35  purposes of clarity any new file in Source Code form that contains any contents of the 
    36  Program. Modified Works shall not include works that contain only declarations, interfaces, 
    37  types, classes, structures, or files of the Program solely in each case in order to link 
    38  to, bind by name, or subclass the Program or Modified Works thereof.
    39  
    40  “Distribute” means the acts of a) distributing or b) making available in any manner that 
    41  enables the transfer of a copy.
    42  
    43  “Source Code” means the form of a Program preferred for making modifications, including but
    44  not limited to software source code, documentation source, and configuration files.
    45  
    46  “Secondary License” means either the GNU General Public License, Version 2.0, or any later 
    47  versions of that license, including any exceptions or additional permissions as identified 
    48  by the initial Contributor.
    49  
    50  2. GRANT OF RIGHTS
    51  a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a 
    52  non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare Derivative 
    53  Works of, publicly display, publicly perform, Distribute and sublicense the Contribution of 
    54  such Contributor, if any, and such Derivative Works.
    55  b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a 
    56  non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, 
    57  sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if 
    58  any, in Source Code or other form. This patent license shall apply to the combination of 
    59  the Contribution and the Program if, at the time the Contribution is added by the 
    60  Contributor, such addition of the Contribution causes such combination to be covered by the 
    61  Licensed Patents. The patent license shall not apply to any other combinations which 
    62  include the Contribution. No hardware per se is licensed hereunder.
    63  c) Recipient understands that although each Contributor grants the licenses to its 
    64  Contributions set forth herein, no assurances are provided by any Contributor that the 
    65  Program does not infringe the patent or other intellectual property rights of any other 
    66  entity. Each Contributor disclaims any liability to Recipient for claims brought by any 
    67  other entity based on infringement of intellectual property rights or otherwise. As a 
    68  condition to exercising the rights and licenses granted hereunder, each Recipient hereby 
    69  assumes sole responsibility to secure any other intellectual property rights needed, if 
    70  any. For example, if a third party patent license is required to allow Recipient to 
    71  Distribute the Program, it is Recipient's responsibility to acquire that license before 
    72  distributing the Program.
    73  d) Each Contributor represents that to its knowledge it has sufficient copyright rights in 
    74  its Contribution, if any, to grant the copyright license set forth in this Agreement.
    75  e) Notwithstanding the terms of any Secondary License, no Contributor makes additional 
    76  grants to any Recipient (other than those set forth in this Agreement) as a result of such 
    77  Recipient's receipt of the Program under the terms of a Secondary License (if permitted 
    78  under the terms of Section 3).
    79  3. REQUIREMENTS
    80  3.1 If a Contributor Distributes the Program in any form, then:
    81  
    82  a) the Program must also be made available as Source Code, in accordance with section 3.2, 
    83  and the Contributor must accompany the Program with a statement that the Source Code for 
    84  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
    85  b) the Contributor may Distribute the Program under a license different than this 
    86  Agreement, provided that such license:
    87  i) effectively disclaims on behalf of all other Contributors all warranties and conditions, 
    88  express and implied, including warranties or conditions of title and non-infringement, and 
    89  implied warranties or conditions of merchantability and fitness for a particular purpose;
    90  ii) effectively excludes on behalf of all other Contributors all liability for damages, 
    91  including direct, indirect, special, incidental and consequential damages, such as lost 
    92  profits;
    93  iii) does not attempt to limit or alter the recipients' rights in the Source Code under 
    94  section 3.2; and
    95  iv) requires any subsequent distribution of the Program by any party to be under a license
    96  that satisfies the requirements of this section 3.
    97  3.2 When the Program is Distributed as Source Code:
    98  
    99  a) it must be made available under this Agreement, or if the Program (i) is combined with 
   100  other material in a separate file or files made available under a Secondary License, and 
   101  (ii) the initial Contributor attached to the Source Code the notice described in Exhibit A 
   102  of this Agreement, then the Program may be made available under the terms of such Secondary
   103  Licenses, and
   104  b) a copy of this Agreement must be included with each copy of the Program.
   105  3.3 Contributors may not remove or alter any copyright, patent, trademark, attribution 
   106  notices, disclaimers of warranty, or limitations of liability (‘notices’) contained within 
   107  the Program from any copy of the Program which they Distribute, provided that Contributors 
   108  may add their own appropriate notices.
   109  
   110  4. COMMERCIAL DISTRIBUTION
   111  Commercial distributors of software may accept certain responsibilities with respect to end 
   112  users, business partners and the like. While this license is intended to facilitate the 
   113  commercial use of the Program, the Contributor who includes the Program in a commercial 
   114  product offering should do so in a manner which does not create potential liability for 
   115  other Contributors. Therefore, if a Contributor includes the Program in a commercial 
   116  product offering, such Contributor (“Commercial Contributor”) hereby agrees to defend and 
   117  indemnify every other Contributor (“Indemnified Contributor”) against any losses, damages 
   118  and costs (collectively “Losses”) arising from claims, lawsuits and other legal actions 
   119  brought by a third party against the Indemnified Contributor to the extent caused by the 
   120  acts or omissions of such Commercial Contributor in connection with its distribution of the 
   121  Program in a commercial product offering. The obligations in this section do not apply to 
   122  any claims or Losses relating to any actual or alleged intellectual property infringement. 
   123  In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial 
   124  Contributor in writing of such claim, and b) allow the Commercial Contributor to control, 
   125  and cooperate with the Commercial Contributor in, the defense and any related settlement 
   126  negotiations. The Indemnified Contributor may participate in any such claim at its own 
   127  expense.
   128  
   129  For example, a Contributor might include the Program in a commercial product offering, 
   130  Product X. That Contributor is then a Commercial Contributor. If that Commercial 
   131  Contributor then makes performance claims, or offers warranties related to Product X, those 
   132  performance claims and warranties are such Commercial Contributor's responsibility alone. 
   133  Under this section, the Commercial Contributor would have to defend claims against the 
   134  other Contributors related to those performance claims and warranties, and if a court 
   135  requires any other Contributor to pay any damages as a result, the Commercial Contributor 
   136  must pay those damages.
   137  
   138  5. NO WARRANTY
   139  EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE 
   140  LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY 
   141  KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS 
   142  OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each 
   143  Recipient is solely responsible for determining the appropriateness of using and 
   144  distributing the Program and assumes all risks associated with its exercise of rights under 
   145  this Agreement, including but not limited to the risks and costs of program errors, 
   146  compliance with applicable laws, damage to or loss of data, programs or equipment, and 
   147  unavailability or interruption of operations.
   148  
   149  6. DISCLAIMER OF LIABILITY
   150  EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE 
   151  LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, 
   152  INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT 
   153  LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN 
   154  CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY 
   155  OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 
   156  HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   157  
   158  7. GENERAL
   159  If any provision of this Agreement is invalid or unenforceable under applicable law, it 
   160  shall not affect the validity or enforceability of the remainder of the terms of this 
   161  Agreement, and without further action by the parties hereto, such provision shall be 
   162  reformed to the minimum extent necessary to make such provision valid and enforceable.
   163  
   164  If Recipient institutes patent litigation against any entity (including a cross-claim or 
   165  counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the 
   166  Program with other software or hardware) infringes such Recipient's patent(s), then such 
   167  Recipient's rights granted under Section 2(b) shall terminate as of the date such 
   168  litigation is filed.
   169  
   170  All Recipient's rights under this Agreement shall terminate if it fails to comply with any 
   171  of the material terms or conditions of this Agreement and does not cure such failure in a 
   172  reasonable period of time after becoming aware of such noncompliance. If all Recipient's 
   173  rights under this Agreement terminate, Recipient agrees to cease use and distribution of 
   174  the Program as soon as reasonably practicable. However, Recipient's obligations under this 
   175  Agreement and any licenses granted by Recipient relating to the Program shall continue and 
   176  survive.
   177  
   178  Everyone is permitted to copy and distribute copies of this Agreement, but in order to 
   179  avoid inconsistency the Agreement is copyrighted and may only be modified in the following 
   180  manner. The Agreement Steward reserves the right to publish new versions (including 
   181  revisions) of this Agreement from time to time. No one other than the Agreement Steward has 
   182  the right to modify this Agreement. The Eclipse Foundation is the initial Agreement 
   183  Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement 
   184  Steward to a suitable separate entity. Each new version of the Agreement will be given a 
   185  distinguishing version number. The Program (including Contributions) may always be 
   186  Distributed subject to the version of the Agreement under which it was received. In 
   187  addition, after a new version of the Agreement is published, Contributor may elect to 
   188  Distribute the Program (including its Contributions) under the new version.
   189  
   190  
   191  Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or 
   192  licenses to the intellectual property of any Contributor under this Agreement, whether 
   193  expressly, by implication, estoppel or otherwise. All rights in the Program not expressly 
   194  granted under this Agreement are reserved. Nothing in this Agreement is intended to be 
   195  enforceable by any entity that is not a Contributor or Recipient. No third-party 
   196  beneficiary rights are created under this Agreement.
   197  
   198  Exhibit A – Form of Secondary Licenses Notice
   199  “This Source Code may also be made available under the following Secondary Licenses when 
   200  the conditions for such availability set forth in the Eclipse Public License, v. 2.0 are 
   201  satisfied: {name license(s), version(s), and exceptions or additional permissions here}.”