diff options
author | Alexander Kriegisch <Alexander@Kriegisch.name> | 2021-06-04 07:58:52 +0700 |
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committer | Alexander Kriegisch <Alexander@Kriegisch.name> | 2021-06-04 07:58:52 +0700 |
commit | 49cb924f5402c9d24379ae1af62def6fa5892649 (patch) | |
tree | 69844405209043e2e18aa9eef0f01f287bc1ae52 /LICENSE | |
parent | 82df3f0fc9842758f15f12299c9113e48f1ccb5c (diff) | |
download | aspectj-49cb924f5402c9d24379ae1af62def6fa5892649.tar.gz aspectj-49cb924f5402c9d24379ae1af62def6fa5892649.zip |
Upgrade license from CPLv1/EPLv1 to EPLv2
This was required by the Eclipse team as one precondition for the next
release.
Signed-off-by: Alexander Kriegisch <Alexander@Kriegisch.name>
Diffstat (limited to 'LICENSE')
-rw-r--r-- | LICENSE | 418 |
1 files changed, 249 insertions, 169 deletions
@@ -1,199 +1,279 @@ -Per: https://www.eclipse.org/legal/epl-v10.html +Per: https://www.eclipse.org/org/documents/epl-2.0/EPL-2.0.txt -Eclipse Public License - v 1.0 +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. + 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. + a) in the case of the initial Contributor, the initial content + Distributed under this Agreement, and -"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. + 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. -"Program" means the Contributions distributed in accordance with this Agreement. +"Contributor" means any person or entity that Distributes the Program. -"Recipient" means anyone who receives the Program under this Agreement, including all Contributors. +"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, 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. + 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 -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. +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 +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. +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. +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, 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 +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. - -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. +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. |