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}.”