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gitea-fork-majority-judgment/options/license/EPL-2.0

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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 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.
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
3.1 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 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
Commercial distributors of software may accept certain responsibilities with
respect to end users, business partners and the like. While this license is
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 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 product
offering. The obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement. In order
to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
Contributor in writing of such claim, and b) allow the Commercial Contributor
to control, and cooperate with the Commercial Contributor in, the defense
and any related settlement negotiations. The Indemnified Contributor may participate
in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product
offering, Product X. That Contributor is then a Commercial Contributor. If
that Commercial Contributor then makes performance claims, or offers warranties
related to Product X, those performance claims and warranties are such Commercial
Contributor's responsibility alone. Under this section, the Commercial Contributor
would have to defend claims against the other Contributors related to those
performance claims and warranties, and if a court requires any other Contributor
to pay any damages as a result, the Commercial Contributor must pay those
damages.
5. NO WARRANTY
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, 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
If any provision of this Agreement is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of
the terms of this Agreement, and without further action by the parties hereto,
such provision shall be reformed to the minimum 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 the Program itself
(excluding combinations of the Program with other software or hardware) infringes
such Recipient's patent(s), then such Recipient's rights granted under Section
2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and
does not cure such failure in a reasonable period of time after becoming aware
of such noncompliance. If all Recipient's rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as reasonably
practicable. However, Recipient's obligations under this Agreement and any
licenses granted 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 and may only
be modified in the following manner. The Agreement Steward reserves the right
to publish new versions (including revisions) of this Agreement from time
to time. No one other than the Agreement Steward has the right to modify this
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 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.
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.
Exhibit A - Form of Secondary Licenses Notice
"This Source Code may also be made available under the following Secondary
Licenses when the conditions for such availability set forth in the Eclipse
Public License, v. 2.0 are satisfied: {name license(s), version(s), and exceptions
or additional permissions here}."
Simply including a copy of this Agreement, including this Exhibit A is not
sufficient to license the Source Code under Secondary Licenses.
If it is not possible or desirable to put the notice in a particular file,
then You may include the notice in a location (such as a LICENSE file in a
relevant directory) where a recipient would be likely to look for such a notice.
You may add additional accurate notices of copyright ownership.