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H2 is dual licensed and available under the MPL 2.0 (Mozilla Public License
Version 2.0) or under the EPL 1.0 (Eclipse Public License).
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Mozilla Public License, version 2.0
1. Definitions
1.1. “Contributor”
means each individual or legal entity that creates, contributes to the
creation of, or owns Covered Software.
1.2. “Contributor Version”
means the combination of the Contributions of others (if any) used by a
Contributor and that particular Contributor’s Contribution.
1.3. “Contribution”
means Covered Software of a particular Contributor.
1.4. “Covered Software”
means Source Code Form to which the initial Contributor has attached the
notice in Exhibit A, the Executable Form of such Source Code Form,
and Modifications of such Source Code Form, in each case
including portions thereof.
1.5. “Incompatible With Secondary Licenses”
means
a. that the initial Contributor has attached the notice described
in Exhibit B to the Covered Software; or
b. that the Covered Software was made available under the terms of
version 1.1 or earlier of the License, but not also under the terms
of a Secondary License.
1.6. “Executable Form”
means any form of the work other than Source Code Form.
1.7. “Larger Work”
means a work that combines Covered Software with other material,
in a separate file or files, that is not Covered Software.
1.8. “License”
means this document.
1.9. “Licensable”
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently,
any and all of the rights conveyed by this License.
1.10. “Modifications”
means any of the following:
a. any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of Covered Software; or
b. any new file in Source Code Form that contains any Covered Software.
1.11. “Patent Claims” of a Contributor
means any patent claim(s), including without limitation, method, process,
and apparatus claims, in any patent Licensable by such Contributor that
would be infringed, but for the grant of the License, by the making,
using, selling, offering for sale, having made, import, or transfer of
either its Contributions or its Contributor Version.
1.12. “Secondary License”
means either the GNU General Public License, Version 2.0, the
GNU Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those licenses.
1.13. “Source Code Form”
means the form of the work preferred for making modifications.
1.14. “You” (or “Your”)
means an individual or a legal entity exercising rights under this License.
For legal entities, “You” includes any entity that controls,
is controlled by, or is under common control with You. For purposes of
this definition, “control” means (a) the power, direct or indirect,
to cause the direction or management of such entity, whether by contract
or otherwise, or (b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2. License Grants and Conditions
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
a. under intellectual property rights (other than patent or trademark)
Licensable by such Contributor to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications,
or as part of a Larger Work; and
b. under Patent Claims of such Contributor to make, use, sell,
offer for sale, have made, import, and otherwise transfer either
its Contributions or its Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor
first distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted
under this License. No additional rights or licenses will be implied
from the distribution or licensing of Covered Software under this License.
Notwithstanding Section 2.1(b) above, no patent license is granted
by a Contributor:
a. for any code that a Contributor has removed from
Covered Software; or
b. for infringements caused by: (i) Your and any other third party’s
modifications of Covered Software, or (ii) the combination of its
Contributions with other software (except as part of its
Contributor Version); or
c. under Patent Claims infringed by Covered Software in the
absence of its Contributions.
This License does not grant any rights in the trademarks, service marks,
or logos of any Contributor (except as may be necessary to comply with
the notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary License
(if permitted under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing,
or other equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the
licenses granted in Section 2.1.
3. Responsibilities
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including
any Modifications that You create or to which You contribute, must be
under the terms of this License. You must inform recipients that the
Source Code Form of the Covered Software is governed by the terms
of this License, and how they can obtain a copy of this License.
You may not attempt to alter or restrict the recipients’ rights
in the Source Code Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
a. such Covered Software must also be made available in Source Code
Form, as described in Section 3.1, and You must inform recipients of
the Executable Form how they can obtain a copy of such Source Code
Form by reasonable means in a timely manner, at a charge no more than
the cost of distribution to the recipient; and
b. You may distribute such Executable Form under the terms of this
License, or sublicense it under different terms, provided that the
license for the Executable Form does not attempt to limit or alter
the recipients’ rights in the Source Code Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for
the Covered Software. If the Larger Work is a combination of
Covered Software with a work governed by one or more Secondary Licenses,
and the Covered Software is not Incompatible With Secondary Licenses,
this License permits You to additionally distribute such Covered Software
under the terms of such Secondary License(s), so that the recipient of
the Larger Work may, at their option, further distribute the
Covered Software under the terms of either this License or such
Secondary License(s).
3.4. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Software, except that You may alter any license notices to
the extent required to remedy known factual inaccuracies.
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of
Covered Software. However, You may do so only on Your own behalf,
and not on behalf of any Contributor. You must make it absolutely clear
that any such warranty, support, indemnity, or liability obligation is
offered by You alone, and You hereby agree to indemnify every Contributor
for any liability incurred by such Contributor as a result of warranty,
support, indemnity or liability terms You offer. You may include
additional disclaimers of warranty and limitations of liability
specific to any jurisdiction.
4. Inability to Comply Due to Statute or Regulation
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Software due to statute,
judicial order, or regulation then You must: (a) comply with the terms of
this License to the maximum extent possible; and (b) describe the limitations
and the code they affect. Such description must be placed in a text file
included with all distributions of the Covered Software under this License.
Except to the extent prohibited by statute or regulation, such description
must be sufficiently detailed for a recipient of ordinary skill
to be able to understand it.
5. Termination
5.1. The rights granted under this License will terminate automatically
if You fail to comply with any of its terms. However, if You become
compliant, then the rights granted under this License from a particular
Contributor are reinstated (a) provisionally, unless and until such
Contributor explicitly and finally terminates Your grants, and (b) on an
ongoing basis, if such Contributor fails to notify You of the
non-compliance by some reasonable means prior to 60 days after You have
come back into compliance. Moreover, Your grants from a particular
Contributor are reinstated on an ongoing basis if such Contributor
notifies You of the non-compliance by some reasonable means,
this is the first time You have received notice of non-compliance with
this License from such Contributor, and You become compliant prior to
30 days after Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted
to You by any and all Contributors for the Covered Software under
Section 2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
prior to termination shall survive termination.
6. Disclaimer of Warranty
Covered Software is provided under this License on an “as is” basis, without
warranty of any kind, either expressed, implied, or statutory, including,
without limitation, warranties that the Covered Software is free of defects,
merchantable, fit for a particular purpose or non-infringing. The entire risk
as to the quality and performance of the Covered Software is with You.
Should any Covered Software prove defective in any respect, You
(not any Contributor) assume the cost of any necessary servicing, repair,
or correction. This disclaimer of warranty constitutes an essential part of
this License. No use of any Covered Software is authorized under this
License except under this disclaimer.
7. Limitation of Liability
Under no circumstances and under no legal theory, whether tort
(including negligence), contract, or otherwise, shall any Contributor, or
anyone who distributes Covered Software as permitted above, be liable to
You for any direct, indirect, special, incidental, or consequential damages
of any character including, without limitation, damages for lost profits,
loss of goodwill, work stoppage, computer failure or malfunction, or any and
all other commercial damages or losses, even if such party shall have been
informed of the possibility of such damages. This limitation of liability
shall not apply to liability for death or personal injury resulting from
such party’s negligence to the extent applicable law prohibits such
limitation. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so this exclusion and limitation may
not apply to You.
8. Litigation
Any litigation relating to this License may be brought only in the courts of
a jurisdiction where the defendant maintains its principal place of business
and such litigation shall be governed by laws of that jurisdiction, without
reference to its conflict-of-law provisions. Nothing in this Section shall
prevent a party’s ability to bring cross-claims or counter-claims.
9. Miscellaneous
This License represents the complete agreement concerning the subject matter
hereof. If any provision of this License is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not be used to construe
this License against a Contributor.
10. Versions of the License
10.1. New Versions
Mozilla Foundation is the license steward. Except as provided in
Section 10.3, no one other than the license steward has the right to
modify or publish new versions of this License. Each version will be
given a distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version
of the License under which You originally received the Covered Software,
or under the terms of any subsequent version published
by the license steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to
create a new license for such software, you may create and use a modified
version of this License if you rename the license and remove any
references to the name of the license steward (except to note that such
modified license differs from this License).
10.4. Distributing Source Code Form that is
Incompatible With Secondary Licenses
If You choose to distribute Source Code Form that is
Incompatible With Secondary Licenses under the terms of this version of
the License, the notice described in Exhibit B of this
License must be attached.
Exhibit A - Source Code Form License Notice
This Source Code Form is subject to the terms of the
Mozilla Public License, v. 2.0. If a copy of the MPL was not distributed
with this file, You can obtain one at http://mozilla.org/MPL/2.0/.
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.
Exhibit B - “Incompatible With Secondary Licenses” Notice
This Source Code Form is “Incompatible With Secondary Licenses”,
as defined by the Mozilla Public License, v. 2.0.
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Eclipse Public License, Version 1.0 (EPL-1.0)
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 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.
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.
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.
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.
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.
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, 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.
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.
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.