[License-review] For Approval: Eclipse Public LIcense version 2.0
Mike Milinkovich
mike.milinkovich at eclipse-foundation.org
Thu Jun 15 19:50:51 UTC 2017
All,
On behalf of the Eclipse Foundation I would like to submit the Eclipse
Public License version 2.0 (EPLv2) for certification as an open source
license.
The Eclipse Foundation is the Agreement Steward of the Eclipse Public
License, and I am its Executive Director. In the interest of full
disclosure, I am also a Director of the Open Source Initiative.
Previous discussions regarding these license revisions can be found on
the epl-discuss at eclipse.org (archives
<https://dev.eclipse.org/mailman/listinfo/epl-discuss>) list.
A plain text version of the license is below. Redlines relative to EPL
version 1.0 are attached in various formats.
A great many people contributed to this, but I would like to acknowledge
the contributions of Jeff Neuburger, Richard Fontana, Jeff Thompson,
Paul Berg, Till Jaeger, Terry Carroll, Jim Wright, Andrew Katz, Luis
Villa, and Lisa Lasher. Thank you and all of the others who contributed
to this process.
A non-exhaustive list of the changes made relative to EPLv1 include:
* replace "module" with "file" as the term of art
* remove the choice of law provisions
* make the license suitable for scripting languages such as JavaScript
* GPL compatibility (modeled after the approach taken by MPL 2.0)
There are two features of this draft which have generated comments and
confusion in other forums. Here is a short explanation of them that will
hopefully help avoid any confusion.
1. There are definitions included for both "Derivative Works" and
"Modified Works". The "Derivative Works" definition largely mimics
the US Copyright Act and is intended to support the removal of a
choice of law provision. The "Modified Works" definition is used to
define the scope of the copyleft.
2. The copyleft requirements are handled without ever defining the
notion of executable code anywhere. After a lot of discussion about
how to handle copyleft with scripting languages, HTML, and the like
we eventually settled on this as the cleanest way to describe how we
wanted the copyleft to work.
I look forward to all comments and feedback from this list.
===========================================
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 is also Distributed under one or more
Secondary Licenses, as those terms are
defined by the Eclipse Public License, v. 2.0: {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.
--
Mike Milinkovich
mike.milinkovich at eclipse-foundation.org
(m) +1.613.220.3223
Please note the change to my email address.
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