diff --git a/LICENSE b/LICENSE index 09093e3e..0a8206ba 100644 --- a/LICENSE +++ b/LICENSE @@ -1,113 +1,146 @@ -Eclipse Public License -v 1.0 +Eclipse Public License - v 2.0 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC -LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM +LICENSE (“AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 1. DEFINITIONS - -"Contribution" means: - -a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and - -b) in the case of each subsequent Contributor: - -i) changes to the Program, and - -ii) additions to the Program; - -where such changes and/or additions to the Program originate from and are -distributed by that particular Contributor. A Contribution 'originates' from a -Contributor if it was added to the Program by such Contributor itself or -anyone acting on such Contributor's behalf. Contributions do not include -additions to the Program which: (i) are separate modules of software -distributed in conjunction with the Program under their own license agreement, -and (ii) are not derivative works of the Program. - -"Contributor" means any person or entity that distributes the Program. - -"Licensed Patents " mean patent claims licensable by a Contributor which are -necessarily infringed by the use or sale of its Contribution alone or when -combined with the Program. - -"Program" means the Contributions distributed in accordance with this -Agreement. - -"Recipient" means anyone who receives the Program under this Agreement, -including all Contributors. + “Contribution” means: + + a) in the case of the initial Contributor, the initial content Distributed + under this Agreement, and + b) in the case of each subsequent Contributor: + i) changes to the Program, and + ii) additions to the Program; + where such changes and/or additions to the Program originate from and + are Distributed by that particular Contributor. A Contribution + “originates” from a Contributor if it was added to the Program by such + Contributor itself or anyone acting on such Contributor's behalf. + Contributions do not include changes or additions to the Program that + are not Modified Works. “Contributor” means any person or entity that + Distributes the Program. + + “Licensed Patents” mean patent claims licensable by a Contributor which are + necessarily infringed by the use or sale of its Contribution alone or when + combined with the Program. + + “Program” means the Contributions Distributed in accordance with this + Agreement. + + “Recipient” means anyone who receives the Program under this Agreement or + any Secondary License (as applicable), including Contributors. + + “Derivative Works” shall mean any work, whether in Source Code or other + form, that is based on (or derived from) the Program and for which the + editorial revisions, annotations, elaborations, or other modifications + represent, as a whole, an original work of authorship. + + “Modified Works” shall mean any work in Source Code or other form that + results from an addition to, deletion from, or modification of the contents + of the Program, including, for purposes of clarity any new file in Source + Code form that contains any contents of the Program. Modified Works shall + not include works that contain only declarations, interfaces, types, + classes, structures, or files of the Program solely in each case in order + to link to, bind by name, or subclass the Program or Modified Works + thereof. + + “Distribute” means the acts of a) distributing or b) making available in + any manner that enables the transfer of a copy. + + “Source Code” means the form of a Program preferred for making + modifications, including but not limited to software source code, + documentation source, and configuration files. + + “Secondary License” means either the GNU General Public License, Version + 2.0, or any later versions of that license, including any exceptions or + additional permissions as identified by the initial Contributor. 2. GRANT OF RIGHTS -a) Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free copyright license to -reproduce, prepare derivative works of, publicly display, publicly perform, -distribute and sublicense the Contribution of such Contributor, if any, and -such derivative works, in source code and object code form. - -b) Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free patent license under -Licensed Patents to make, use, sell, offer to sell, import and otherwise -transfer the Contribution of such Contributor, if any, in source code and -object code 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 Licensed Patents. The patent license shall not apply to any -other combinations which include the Contribution. No hardware per se is -licensed hereunder. - -c) Recipient understands that although each Contributor grants the licenses to -its Contributions set forth herein, no assurances are provided by any -Contributor that the Program does not infringe the patent or other -intellectual property rights of any other entity. Each Contributor disclaims -any liability to Recipient for claims brought by any other entity based on -infringement of intellectual property rights or otherwise. As a condition to -exercising the rights and licenses granted hereunder, each Recipient hereby -assumes sole responsibility to secure any other intellectual property rights -needed, if any. For example, if a third party patent license is required to -allow Recipient to distribute the Program, it is Recipient's responsibility to -acquire that license before distributing the Program. - -d) Each Contributor represents that to its knowledge it has sufficient -copyright rights in its Contribution, if any, to grant the copyright license -set forth in this Agreement. + a) Subject to the terms of this Agreement, each Contributor hereby grants + Recipient a non-exclusive, worldwide, royalty-free copyright license to + reproduce, prepare Derivative Works of, publicly display, publicly perform, + Distribute and sublicense the Contribution of such Contributor, if any, and + such Derivative Works. + + b) Subject to the terms of this Agreement, each Contributor hereby grants + Recipient a non-exclusive, worldwide, royalty-free patent license under + Licensed Patents to make, use, sell, offer to sell, 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 Licensed Patents. The patent license shall not apply + to any other combinations which include the Contribution. No hardware per + se is licensed hereunder. + + c) Recipient understands that although each Contributor grants the licenses + to its Contributions set forth herein, no assurances are provided by any + Contributor that the Program does not infringe the patent or other + intellectual property rights of any other entity. Each Contributor + disclaims any liability to Recipient for claims brought by any other entity + based on infringement of intellectual property rights or otherwise. As a + condition to exercising the rights and licenses granted hereunder, each + Recipient hereby assumes sole responsibility to secure any other + intellectual property rights needed, if any. For example, if a third party + patent license is required to allow Recipient to Distribute the Program, it + is Recipient's responsibility to acquire that license before distributing + the Program. + + d) Each Contributor represents that to its knowledge it has sufficient + copyright rights in its Contribution, if any, to grant the copyright + license set forth in this Agreement. + + e) Notwithstanding the terms of any Secondary License, no Contributor makes + additional grants to any Recipient (other than those set forth in this + Agreement) as a result of such Recipient's receipt of the Program under the + terms of a Secondary License (if permitted under the terms of Section 3). 3. REQUIREMENTS -A Contributor may choose to distribute the Program in object code form under -its own license agreement, provided that: - -a) it complies with the terms and conditions of this Agreement; and +3.1 If a Contributor Distributes the Program in any form, then: -b) its license agreement: + a) the Program must also be made available as Source Code, in accordance + with section 3.2, and the Contributor must accompany the Program with a + statement that the Source Code for 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 -i) effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose; + b) the Contributor may Distribute the Program under a license different + than this Agreement, provided that such license: -ii) effectively excludes on behalf of all Contributors all liability for -damages, including direct, indirect, special, incidental and consequential -damages, such as lost profits; + i) effectively disclaims on behalf of all other Contributors all + warranties and conditions, express and implied, including warranties or + conditions of title and non-infringement, and implied warranties or + conditions of merchantability and fitness for a particular purpose; -iii) states that any provisions which differ from this Agreement are offered -by that Contributor alone and not by any other party; and + ii) effectively excludes on behalf of all other Contributors all + liability for damages, including direct, indirect, special, incidental + and consequential damages, such as lost profits; -iv) states that source code for the Program is available from such -Contributor, and informs licensees how to obtain it in a reasonable manner on -or through a medium customarily used for software exchange. + iii) does not attempt to limit or alter the recipients' rights in the + Source Code under section 3.2; and -When the Program is made available in source code form: + iv) requires any subsequent distribution of the Program by any party to + be under a license that satisfies the requirements of this section 3. -a) it must be made available under this Agreement; and +3.2 When the Program is Distributed as Source Code: -b) a copy of this Agreement must be included with each copy of the Program. + a) it must be made available under this Agreement, or if the Program (i) + is combined with other material in a separate file or files made available + under a Secondary License, and (ii) the initial Contributor attached to + the Source Code the notice described in Exhibit A of this Agreement, then + the Program may be made available under the terms of such Secondary + Licenses, and -Contributors may not remove or alter any copyright notices contained within -the Program. + b) a copy of this Agreement must be included with each copy of the + Program. -Each Contributor must identify itself as the originator of its Contribution, -if any, in a manner that reasonably allows subsequent Recipients to identify -the originator of the Contribution. +3.3 Contributors may not remove or alter any copyright, patent, trademark, +attribution notices, disclaimers of warranty, or limitations 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 @@ -117,9 +150,9 @@ 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 liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such -Contributor ("Commercial Contributor") hereby agrees to defend and indemnify -every other Contributor ("Indemnified Contributor") against any losses, -damages and costs (collectively "Losses") arising from claims, lawsuits and +Contributor (“Commercial Contributor”) hereby agrees to defend and indemnify +every other Contributor (“Indemnified Contributor”) against any losses, +damages and costs (collectively “Losses”) arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial @@ -143,27 +176,27 @@ Commercial Contributor must pay those damages. 5. NO WARRANTY -EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN -"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR -IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, -NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR 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. +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED +BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT +WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, +WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, +MERCHANTABILITY OR FITNESS FOR A PARTICULAR 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 -EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY -CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, -SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION -LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN -CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) -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 POSSIBILITY -OF SUCH DAMAGES. +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED +BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY +LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR +CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER +CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, +OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) 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 POSSIBILITY OF SUCH DAMAGES. 7. GENERAL @@ -197,18 +230,16 @@ Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including -Contributions) may always be distributed subject to the version of the +Contributions) may always be Distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the -Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. 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. - -This Agreement is governed by the laws of the State of New York and the -intellectual property laws of the United States of America. No party to this -Agreement will bring a legal action under this Agreement more than one year -after the cause of action arose. Each party waives its rights to a jury trial -in any resulting litigation. +Agreement is published, Contributor may elect to Distribute the Program +(including its Contributions) under the new version. + +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 to be enforceable by any entity that is +not a Contributor or Recipient. No third-party beneficiary rights are created +under this Agreement.