vendor/choosealicense.com/_licenses/epl-1.0.txt in licensee-9.6.0 vs vendor/choosealicense.com/_licenses/epl-1.0.txt in licensee-9.7.0

- old
+ new

@@ -1,11 +1,10 @@ --- title: Eclipse Public License 1.0 spdx-id: EPL-1.0 -redirect_from: /licenses/eclipse/ source: https://www.eclipse.org/legal/epl-v10.html -hidden: false +hidden: true description: This commercially-friendly copyleft license provides the ability to commercially license binaries; a modern royalty-free patent license grant; and the ability for linked works to use other licenses, including commercial ones. how: Create a text file (typically named LICENSE or LICENSE.txt) in the root of your source code and copy the text of the license into the file. @@ -39,25 +38,23 @@ 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; -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. - +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. @@ -67,75 +64,81 @@ "Recipient" means anyone who receives the Program under this Agreement, including all Contributors. 2. GRANT OF RIGHTS - a) Subject to the terms of this Agreement, each Contributor hereby grants + + 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 + + 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 + + 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 + + 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. 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 - b) its license agreement: - 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; - ii) effectively excludes on behalf of all Contributors all liability for - damages, including direct, indirect, special, incidental and - consequential damages, such as lost profits; - iii) states that any provisions which differ from this Agreement are - offered by that Contributor alone and not by any other party; and - 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. + a) it complies with the terms and conditions of this Agreement; and + b) its license agreement: + 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; + ii) effectively excludes on behalf of all Contributors all liability + for damages, including direct, indirect, special, incidental and + consequential damages, such as lost profits; + iii) states that any provisions which differ from this Agreement are + offered by that Contributor alone and not by any other party; and + 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. + When the Program is made available in source code form: - a) it must be made available under this Agreement; and - b) a copy of this Agreement must be included with each copy of the Program. - Contributors may not remove or alter any copyright notices contained - within the Program. + a) it must be made available under this Agreement; and + b) a copy of this Agreement must be included with each copy of the + Program. +Contributors may not remove or alter any copyright notices contained within +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. +if any, in a manner that reasonably allows subsequent Recipients to identify +the originator of the Contribution. 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, @@ -146,16 +149,15 @@ 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. +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 @@ -164,11 +166,10 @@ 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, 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 @@ -177,11 +178,10 @@ 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) @@ -231,7 +231,7 @@ 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. +after the cause of action arose. Each party waives its rights to a jury trial +in any resulting litigation.