forked from cea-hpc/NabLab
-
Notifications
You must be signed in to change notification settings - Fork 0
/
LICENSE
265 lines (219 loc) · 13.3 KB
/
LICENSE
1
This program and the accompanying materials are made available under theterms of the Eclipse Public License 2.0 which is available athttp://www.eclipse.org/legal/epl-2.0.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 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.1. DEFINITIONS"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 whichare necessarily infringed by the use or sale of its Contribution aloneor when combined with the Program."Program" means the Contributions Distributed in accordance with thisAgreement."Recipient" means anyone who receives the Program under this Agreementor any Secondary License (as applicable), including Contributors."Derivative Works" shall mean any work, whether in Source Code or otherform, that is based on (or derived from) the Program and for which theeditorial revisions, annotations, elaborations, or other modificationsrepresent, as a whole, an original work of authorship."Modified Works" shall mean any work in Source Code or other form thatresults from an addition to, deletion from, or modification of thecontents of the Program, including, for purposes of clarity any new filein Source Code form that contains any contents of the Program. ModifiedWorks shall not include works that contain only declarations,interfaces, types, classes, structures, or files of the Program solelyin each case in order to link to, bind by name, or subclass the Programor Modified Works thereof."Distribute" means the acts of a) distributing or b) making availablein any manner that enables the transfer of a copy."Source Code" means the form of a Program preferred for makingmodifications, 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 anyexceptions or additional permissions as identified by the initialContributor.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. 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. REQUIREMENTS3.1 If a Contributor Distributes the Program in any form, then: 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 b) the Contributor may Distribute the Program under a license different than this Agreement, provided that such license: 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; 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; iii) does not attempt to limit or alter the recipients' rights in the Source Code under section 3.2; and iv) requires any subsequent distribution of the Program by any party to be under a license that satisfies the requirements of this section 3.3.2 When the Program is Distributed as Source Code: 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 b) a copy of this Agreement must be included with each copy of the Program.3.3 Contributors may not remove or alter any copyright, patent,trademark, attribution notices, disclaimers of warranty, or limitationsof liability ("notices") contained within the Program from any copy ofthe Program which they Distribute, provided that Contributors may addtheir own appropriate notices.4. COMMERCIAL DISTRIBUTIONCommercial distributors of software may accept certain responsibilitieswith respect to end users, business partners and the like. While thislicense is intended to facilitate the commercial use of the Program,the Contributor who includes the Program in a commercial productoffering should do so in a manner which does not create potentialliability for other Contributors. Therefore, if a Contributor includesthe Program in a commercial product offering, such Contributor("Commercial Contributor") hereby agrees to defend and indemnify everyother Contributor ("Indemnified Contributor") against any losses,damages and costs (collectively "Losses") arising from claims, lawsuitsand other legal actions brought by a third party against the IndemnifiedContributor to the extent caused by the acts or omissions of suchCommercial Contributor in connection with its distribution of the Programin a commercial product offering. The obligations in this section do notapply to any claims or Losses relating to any actual or allegedintellectual property infringement. In order to qualify, an IndemnifiedContributor must: a) promptly notify the Commercial Contributor inwriting of such claim, and b) allow the Commercial Contributor to control,and cooperate with the Commercial Contributor in, the defense and anyrelated settlement negotiations. The Indemnified Contributor mayparticipate in any such claim at its own expense.For example, a Contributor might include the Program in a commercialproduct offering, Product X. That Contributor is then a CommercialContributor. If that Commercial Contributor then makes performanceclaims, or offers warranties related to Product X, those performanceclaims and warranties are such Commercial Contributor's responsibilityalone. Under this section, the Commercial Contributor would have todefend claims against the other Contributors related to those performanceclaims and warranties, and if a court requires any other Contributor topay any damages as a result, the Commercial Contributor must paythose damages.5. NO WARRANTYEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENTPERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS ORIMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OFTITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULARPURPOSE. Each Recipient is solely responsible for determining theappropriateness of using and distributing the Program and assumes allrisks 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, programsor equipment, and unavailability or interruption of operations.6. DISCLAIMER OF LIABILITYEXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENTPERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORSSHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSTPROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER INCONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THEEXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.7. GENERALIf any provision of this Agreement is invalid or unenforceable underapplicable law, it shall not affect the validity or enforceability ofthe remainder of the terms of this Agreement, and without furtheraction by the parties hereto, such provision shall be reformed to theminimum extent necessary to make such provision valid and enforceable.If Recipient institutes patent litigation against any entity(including a cross-claim or counterclaim in a lawsuit) alleging that theProgram itself (excluding combinations of the Program with other softwareor hardware) infringes such Recipient's patent(s), then such Recipient'srights granted under Section 2(b) shall terminate as of the date suchlitigation is filed.All Recipient's rights under this Agreement shall terminate if itfails to comply with any of the material terms or conditions of thisAgreement and does not cure such failure in a reasonable period oftime after becoming aware of such noncompliance. If all Recipient'srights under this Agreement terminate, Recipient agrees to cease useand distribution of the Program as soon as reasonably practicable.However, Recipient's obligations under this Agreement and any licensesgranted by Recipient relating to the Program shall continue and survive.Everyone is permitted to copy and distribute copies of this Agreement,but in order to avoid inconsistency the Agreement is copyrighted andmay only be modified in the following manner. The Agreement Stewardreserves the right to publish new versions (including revisions) ofthis Agreement from time to time. No one other than the AgreementSteward has the right to modify this Agreement. The Eclipse Foundationis the initial Agreement Steward. The Eclipse Foundation may assign theresponsibility to serve as the Agreement Steward to a suitable separateentity. Each new version of the Agreement will be given a distinguishingversion number. The Program (including Contributions) may always beDistributed subject to the version of the Agreement under which it wasreceived. In addition, after a new version of the Agreement is published,Contributor may elect to Distribute the Program (including itsContributions) under the new version.Except as expressly stated in Sections 2(a) and 2(b) above, Recipientreceives no rights or licenses to the intellectual property of anyContributor under this Agreement, whether expressly, by implication,estoppel or otherwise. All rights in the Program not expressly grantedunder this Agreement are reserved. Nothing in this Agreement is intendedto be enforceable by any entity that is not a Contributor or Recipient.No third-party beneficiary rights are created under this Agreement.