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20  <a href="../index.html" class="el_report">JaCoCo</a> &gt;
21  <span class="el_source">Eclipse Public License - Version 2.0</span>
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24
25<h1>Eclipse Public License - v 2.0</h1>
26
27<pre>
28    THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
29    PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
30    OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
31
321. DEFINITIONS
33
34"Contribution" means:
35
36  a) in the case of the initial Contributor, the initial content
37     Distributed under this Agreement, and
38
39  b) in the case of each subsequent Contributor:
40     i) changes to the Program, and
41     ii) additions to the Program;
42  where such changes and/or additions to the Program originate from
43  and are Distributed by that particular Contributor. A Contribution
44  "originates" from a Contributor if it was added to the Program by
45  such Contributor itself or anyone acting on such Contributor's behalf.
46  Contributions do not include changes or additions to the Program that
47  are not Modified Works.
48
49"Contributor" means any person or entity that Distributes the Program.
50
51"Licensed Patents" mean patent claims licensable by a Contributor which
52are necessarily infringed by the use or sale of its Contribution alone
53or when combined with the Program.
54
55"Program" means the Contributions Distributed in accordance with this
56Agreement.
57
58"Recipient" means anyone who receives the Program under this Agreement
59or any Secondary License (as applicable), including Contributors.
60
61"Derivative Works" shall mean any work, whether in Source Code or other
62form, that is based on (or derived from) the Program and for which the
63editorial revisions, annotations, elaborations, or other modifications
64represent, as a whole, an original work of authorship.
65
66"Modified Works" shall mean any work in Source Code or other form that
67results from an addition to, deletion from, or modification of the
68contents of the Program, including, for purposes of clarity any new file
69in Source Code form that contains any contents of the Program. Modified
70Works shall not include works that contain only declarations,
71interfaces, types, classes, structures, or files of the Program solely
72in each case in order to link to, bind by name, or subclass the Program
73or Modified Works thereof.
74
75"Distribute" means the acts of a) distributing or b) making available
76in any manner that enables the transfer of a copy.
77
78"Source Code" means the form of a Program preferred for making
79modifications, including but not limited to software source code,
80documentation source, and configuration files.
81
82"Secondary License" means either the GNU General Public License,
83Version 2.0, or any later versions of that license, including any
84exceptions or additional permissions as identified by the initial
85Contributor.
86
872. GRANT OF RIGHTS
88
89  a) Subject to the terms of this Agreement, each Contributor hereby
90  grants Recipient a non-exclusive, worldwide, royalty-free copyright
91  license to reproduce, prepare Derivative Works of, publicly display,
92  publicly perform, Distribute and sublicense the Contribution of such
93  Contributor, if any, and such Derivative Works.
94
95  b) Subject to the terms of this Agreement, each Contributor hereby
96  grants Recipient a non-exclusive, worldwide, royalty-free patent
97  license under Licensed Patents to make, use, sell, offer to sell,
98  import and otherwise transfer the Contribution of such Contributor,
99  if any, in Source Code or other form. This patent license shall
100  apply to the combination of the Contribution and the Program if, at
101  the time the Contribution is added by the Contributor, such addition
102  of the Contribution causes such combination to be covered by the
103  Licensed Patents. The patent license shall not apply to any other
104  combinations which include the Contribution. No hardware per se is
105  licensed hereunder.
106
107  c) Recipient understands that although each Contributor grants the
108  licenses to its Contributions set forth herein, no assurances are
109  provided by any Contributor that the Program does not infringe the
110  patent or other intellectual property rights of any other entity.
111  Each Contributor disclaims any liability to Recipient for claims
112  brought by any other entity based on infringement of intellectual
113  property rights or otherwise. As a condition to exercising the
114  rights and licenses granted hereunder, each Recipient hereby
115  assumes sole responsibility to secure any other intellectual
116  property rights needed, if any. For example, if a third party
117  patent license is required to allow Recipient to Distribute the
118  Program, it is Recipient's responsibility to acquire that license
119  before distributing the Program.
120
121  d) Each Contributor represents that to its knowledge it has
122  sufficient copyright rights in its Contribution, if any, to grant
123  the copyright license set forth in this Agreement.
124
125  e) Notwithstanding the terms of any Secondary License, no
126  Contributor makes additional grants to any Recipient (other than
127  those set forth in this Agreement) as a result of such Recipient's
128  receipt of the Program under the terms of a Secondary License
129  (if permitted under the terms of Section 3).
130
1313. REQUIREMENTS
132
1333.1 If a Contributor Distributes the Program in any form, then:
134
135  a) the Program must also be made available as Source Code, in
136  accordance with section 3.2, and the Contributor must accompany
137  the Program with a statement that the Source Code for the Program
138  is available under this Agreement, and informs Recipients how to
139  obtain it in a reasonable manner on or through a medium customarily
140  used for software exchange; and
141
142  b) the Contributor may Distribute the Program under a license
143  different than this Agreement, provided that such license:
144     i) effectively disclaims on behalf of all other Contributors all
145     warranties and conditions, express and implied, including
146     warranties or conditions of title and non-infringement, and
147     implied warranties or conditions of merchantability and fitness
148     for a particular purpose;
149
150     ii) effectively excludes on behalf of all other Contributors all
151     liability for damages, including direct, indirect, special,
152     incidental and consequential damages, such as lost profits;
153
154     iii) does not attempt to limit or alter the recipients' rights
155     in the Source Code under section 3.2; and
156
157     iv) requires any subsequent distribution of the Program by any
158     party to be under a license that satisfies the requirements
159     of this section 3.
160
1613.2 When the Program is Distributed as Source Code:
162
163  a) it must be made available under this Agreement, or if the
164  Program (i) is combined with other material in a separate file or
165  files made available under a Secondary License, and (ii) the initial
166  Contributor attached to the Source Code the notice described in
167  Exhibit A of this Agreement, then the Program may be made available
168  under the terms of such Secondary Licenses, and
169
170  b) a copy of this Agreement must be included with each copy of
171  the Program.
172
1733.3 Contributors may not remove or alter any copyright, patent,
174trademark, attribution notices, disclaimers of warranty, or limitations
175of liability ("notices") contained within the Program from any copy of
176the Program which they Distribute, provided that Contributors may add
177their own appropriate notices.
178
1794. COMMERCIAL DISTRIBUTION
180
181Commercial distributors of software may accept certain responsibilities
182with respect to end users, business partners and the like. While this
183license is intended to facilitate the commercial use of the Program,
184the Contributor who includes the Program in a commercial product
185offering should do so in a manner which does not create potential
186liability for other Contributors. Therefore, if a Contributor includes
187the Program in a commercial product offering, such Contributor
188("Commercial Contributor") hereby agrees to defend and indemnify every
189other Contributor ("Indemnified Contributor") against any losses,
190damages and costs (collectively "Losses") arising from claims, lawsuits
191and other legal actions brought by a third party against the Indemnified
192Contributor to the extent caused by the acts or omissions of such
193Commercial Contributor in connection with its distribution of the Program
194in a commercial product offering. The obligations in this section do not
195apply to any claims or Losses relating to any actual or alleged
196intellectual property infringement. In order to qualify, an Indemnified
197Contributor must: a) promptly notify the Commercial Contributor in
198writing of such claim, and b) allow the Commercial Contributor to control,
199and cooperate with the Commercial Contributor in, the defense and any
200related settlement negotiations. The Indemnified Contributor may
201participate in any such claim at its own expense.
202
203For example, a Contributor might include the Program in a commercial
204product offering, Product X. That Contributor is then a Commercial
205Contributor. If that Commercial Contributor then makes performance
206claims, or offers warranties related to Product X, those performance
207claims and warranties are such Commercial Contributor's responsibility
208alone. Under this section, the Commercial Contributor would have to
209defend claims against the other Contributors related to those performance
210claims and warranties, and if a court requires any other Contributor to
211pay any damages as a result, the Commercial Contributor must pay
212those damages.
213
2145. NO WARRANTY
215
216EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
217PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"
218BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
219IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
220TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
221PURPOSE. Each Recipient is solely responsible for determining the
222appropriateness of using and distributing the Program and assumes all
223risks associated with its exercise of rights under this Agreement,
224including but not limited to the risks and costs of program errors,
225compliance with applicable laws, damage to or loss of data, programs
226or equipment, and unavailability or interruption of operations.
227
2286. DISCLAIMER OF LIABILITY
229
230EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
231PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
232SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
233EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
234PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
235CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
236ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
237EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
238POSSIBILITY OF SUCH DAMAGES.
239
2407. GENERAL
241
242If any provision of this Agreement is invalid or unenforceable under
243applicable law, it shall not affect the validity or enforceability of
244the remainder of the terms of this Agreement, and without further
245action by the parties hereto, such provision shall be reformed to the
246minimum extent necessary to make such provision valid and enforceable.
247
248If Recipient institutes patent litigation against any entity
249(including a cross-claim or counterclaim in a lawsuit) alleging that the
250Program itself (excluding combinations of the Program with other software
251or hardware) infringes such Recipient's patent(s), then such Recipient's
252rights granted under Section 2(b) shall terminate as of the date such
253litigation is filed.
254
255All Recipient's rights under this Agreement shall terminate if it
256fails to comply with any of the material terms or conditions of this
257Agreement and does not cure such failure in a reasonable period of
258time after becoming aware of such noncompliance. If all Recipient's
259rights under this Agreement terminate, Recipient agrees to cease use
260and distribution of the Program as soon as reasonably practicable.
261However, Recipient's obligations under this Agreement and any licenses
262granted by Recipient relating to the Program shall continue and survive.
263
264Everyone is permitted to copy and distribute copies of this Agreement,
265but in order to avoid inconsistency the Agreement is copyrighted and
266may only be modified in the following manner. The Agreement Steward
267reserves the right to publish new versions (including revisions) of
268this Agreement from time to time. No one other than the Agreement
269Steward has the right to modify this Agreement. The Eclipse Foundation
270is the initial Agreement Steward. The Eclipse Foundation may assign the
271responsibility to serve as the Agreement Steward to a suitable separate
272entity. Each new version of the Agreement will be given a distinguishing
273version number. The Program (including Contributions) may always be
274Distributed subject to the version of the Agreement under which it was
275received. In addition, after a new version of the Agreement is published,
276Contributor may elect to Distribute the Program (including its
277Contributions) under the new version.
278
279Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
280receives no rights or licenses to the intellectual property of any
281Contributor under this Agreement, whether expressly, by implication,
282estoppel or otherwise. All rights in the Program not expressly granted
283under this Agreement are reserved. Nothing in this Agreement is intended
284to be enforceable by any entity that is not a Contributor or Recipient.
285No third-party beneficiary rights are created under this Agreement.
286</pre>
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