mirror of
https://codeberg.org/forgejo/forgejo.git
synced 2024-11-27 09:45:45 +03:00
258 lines
14 KiB
Text
258 lines
14 KiB
Text
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.
|