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tkralphs committed Apr 6, 2022
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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

Expand All @@ -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
Expand All @@ -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

Expand Down Expand Up @@ -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.

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