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<p>All,<br>
<br>
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.<br>
<br>
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.<br>
<br>
Previous discussions regarding these license revisions can be
found on the <a class="moz-txt-link-abbreviated"
href="mailto:epl-discuss@eclipse.org">epl-discuss@eclipse.org</a>
(<a href="https://dev.eclipse.org/mailman/listinfo/epl-discuss">archives</a>)
list.<br>
<br>
A plain text version of the license is below. Redlines relative to
EPL version 1.0 are attached in various formats. <br>
<br>
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.<br>
<br>
A non-exhaustive list of the changes made relative to EPLv1
include:<br>
</p>
<ul>
<li>replace "module" with "file" as the term of art</li>
<li>remove the choice of law provisions</li>
<li>make the license suitable for scripting languages such as
JavaScript</li>
<li>GPL compatibility (modeled after the approach taken by MPL
2.0)</li>
</ul>
<p>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.<br>
</p>
<ol>
<li>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.<br>
</li>
<li>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.<br>
</li>
</ol>
I look forward to all comments and feedback from this list. <br>
<br>
===========================================<br>
<br>
Eclipse Public License - v 2.0 <br>
<br>
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS <br>
ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR <br>
DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF <br>
THIS AGREEMENT. <br>
<br>
1. DEFINITIONS <br>
<br>
"Contribution" means: <br>
a) in the case of the initial Contributor, the initial
content Distributed <br>
under this Agreement , and<br>
b) in the case of each subsequent Contributor:<br>
i) changes to the Program, and<br>
ii) additions to the Program;<br>
where such changes and/or additions to the Program originate from
and are <br>
Distributed by that particular Contributor. A Contribution
'originates' from a <br>
Contributor if it was added to the Program by such Contributor
itself or anyone <br>
acting on such Contributor's behalf. Contributions do not include
changes or <br>
additions to the Program that are not Modified Works. <br>
"Contributor" means any person or entity that Distributes the
Program. <br>
"Licensed Patents " mean patent claims licensable by a Contributor
which are <br>
necessarily infringed by the use or sale of its Contribution alone
or when <br>
combined with the Program. <br>
"Program" means the Contributions Distributed in accordance with
this Agreement. <br>
"Recipient" means anyone who receives the Program under this
Agreement or any <br>
Secondary License (as applicable), including Contributors. <br>
"Derivative Works" shall mean any work, whether in Source Code or
other form, that<br>
is based on (or derived from) the Program and for which the
editorial revisions, <br>
annotations, elaborations, or other modifications represent, as a
whole, an original <br>
work of authorship.<br>
"Modified Works" shall mean any work in Source Code or other form
that results <br>
from an addition to, deletion from, or modification of the contents
of the Program, <br>
including, for purposes of clarity any new file in Source Code form
that contains any <br>
contents of the Program., Modified Works shall not include works
that contain only <br>
declarations, interfaces, types, classes, structures, or files of
the Program solely in <br>
each case in order to link to, bind by name, or subclass the Program
or Modified <br>
Works thereof.<br>
“Distribute” means the acts of a) distributing or b) making
available in any manner <br>
that enables the transfer of a copy. <br>
“Source Code” means the form of a Program preferred for making
modifications, <br>
including but not limited to software source code, documentation
source, and <br>
configuration files.<br>
“Secondary License” means either the GNU General Public License,
Version 2.0, or <br>
any later versions of that license, including any exceptions or
additional permissions <br>
as identified by the initial Contributor.<br>
<br>
2. GRANT OF RIGHTS <br>
a) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient <br>
a non-exclusive, worldwide, royalty-free copyright license to
reproduce, prepare <br>
Derivative Works of, publicly display, publicly perform, Distribute
and sublicense <br>
the Contribution of such Contributor, if any, and such Derivative
Works.<br>
<br>
b) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient <br>
a non-exclusive, worldwide, royalty-free patent license under
Licensed Patents <br>
to make, use, sell, offer to sell, import and otherwise transfer the
Contribution of <br>
such Contributor, if any, in Source Code or other form. This patent
license shall <br>
apply to the combination of the Contribution and the Program if, at
the time the <br>
Contribution is added by the Contributor, such addition of the
Contribution causes <br>
such combination to be covered by the Licensed Patents. The patent
license shall <br>
not apply to any other combinations which include the Contribution.
No hardware <br>
per se is licensed hereunder. <br>
<br>
c) Recipient understands that although each Contributor grants the
licenses to its <br>
Contributions set forth herein, no assurances are provided by any
Contributor that <br>
the Program does not infringe the patent or other intellectual
property rights of any <br>
other entity. Each Contributor disclaims any liability to Recipient
for claims brought by <br>
any other entity based on infringement of intellectual property
rights or otherwise. <br>
As a condition to exercising the rights and licenses granted
hereunder, each Recipient <br>
hereby assumes sole responsibility to secure any other intellectual
property rights <br>
needed, if any. For example, if a third party patent license is
required to allow Recipient <br>
to Distribute the Program, it is Recipient's responsibility to
acquire that license before <br>
distributing the Program.<br>
<br>
d) Each Contributor represents that to its knowledge it has
sufficient copyright rights <br>
in its Contribution, if any, to grant the copyright license set
forth in this Agreement. <br>
<br>
e) Notwithstanding the terms of any Secondary License, no
Contributor makes additional <br>
grants to any Recipient (other than those set forth in this
Agreement) as a result of such <br>
Recipient’s receipt of the Program under the terms of a Secondary
License (if permitted <br>
under the terms of Section 3).<br>
<br>
3. REQUIREMENTS <br>
3.1 If a Contributor Distributes the Program in any form, then:<br>
a) the Program must also be made available as Source Code,
in accordance with <br>
section 3.2, and the Contributor must accompany the
Program with a statement <br>
that the Source Code for the Program is available under
this Agreement, and informs <br>
Recipients how to obtain it in a reasonable manner on or
through a medium customarily <br>
used for software exchange; and<br>
b) the Contributor may Distribute the Program under a
license different than this Agreement, <br>
provided that such license:<br>
i) effectively disclaims on behalf of all other
Contributors all warranties and conditions, <br>
express and implied, including warranties or
conditions of title and non-infringement, <br>
and implied warranties or conditions of
merchantability and fitness for a particular <br>
purpose; <br>
ii) effectively excludes on behalf of all other
Contributors all liability for damages, <br>
including direct, indirect, special, incidental
and consequential damages, such as <br>
lost profits;<br>
iii) does not attempt to limit or alter the
recipients' rights in the Source Code under <br>
section 3.2; and <br>
iv) requires any subsequent distribution of the
Program by any party to be under a <br>
license that satisfies the requirements of this
section 3.<br>
<br>
3.2 When the Program is Distributed as Source Code: <br>
a) it must be made available under this Agreement, or if the
Program (i) is combined with <br>
other material in a separate file or files made
available under a Secondary License, and <br>
(ii) the initial Contributor attached to the Source Code
the notice described in Exhibit A <br>
of this Agreement, then the Program may be made
available under the terms of such <br>
Secondary Licenses, and <br>
b) a copy of this Agreement must be included with each copy
of the Program. <br>
<br>
3.3 Contributors may not remove or alter any copyright, patent,
trademark, attribution notices, <br>
disclaimers of warranty, or limitations of liability (‘notices’)
contained within the Program from <br>
any copy of the Program which they Distribute, provided that
Contributors may add their own <br>
appropriate notices. <br>
<br>
4. COMMERCIAL DISTRIBUTION <br>
Commercial distributors of software may accept certain
responsibilities with respect to end users, <br>
business partners and the like. While this license is intended to
facilitate the commercial use of the <br>
Program, the Contributor who includes the Program in a commercial
product offering should do so <br>
in a manner which does not create potential liability for other
Contributors. Therefore, if a Contributor <br>
includes the Program in a commercial product offering, such
Contributor ("Commercial Contributor") <br>
hereby agrees to defend and indemnify every other Contributor
("Indemnified Contributor") against <br>
any losses, damages and costs (collectively "Losses") arising from
claims, lawsuits and other legal actions <br>
brought by a third party against the Indemnified Contributor to the
extent caused by the acts or <br>
omissions of such Commercial Contributor in connection with its
distribution of the Program in a <br>
commercial product offering. The obligations in this section do not
apply to any claims or Losses <br>
relating to any actual or alleged intellectual property
infringement. In order to qualify, an Indemnified<br>
Contributor must: a) promptly notify the Commercial Contributor in
writing of such claim, and b) allow <br>
the Commercial Contributor to control, and cooperate with the
Commercial Contributor in, the defense <br>
and any related settlement negotiations. The Indemnified Contributor
may participate in any such claim <br>
at its own expense. <br>
<br>
For example, a Contributor might include the Program in a commercial
product offering, Product X. <br>
That Contributor is then a Commercial Contributor. If that
Commercial Contributor then makes performance <br>
claims, or offers warranties related to Product X, those performance
claims and warranties are such <br>
Commercial Contributor's responsibility alone. Under this section,
the Commercial Contributor would <br>
have to defend claims against the other Contributors related to
those performance claims and warranties, <br>
and if a court requires any other Contributor to pay any damages as
a result, the Commercial Contributor <br>
must pay those damages. <br>
<br>
5. NO WARRANTY <br>
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, <br>
THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, <br>
EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
WARRANTIES OR CONDITIONS OF TITLE, <br>
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Each Recipient is solely <br>
responsible for determining the appropriateness of using and
distributing the Program and assumes all risks <br>
associated with its exercise of rights under this Agreement,
including but not limited to the risks and costs <br>
of program errors, compliance with applicable laws, damage to or
loss of data, programs or equipment, <br>
and unavailability or interruption of operations. <br>
<br>
6. DISCLAIMER OF LIABILITY <br>
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
PERMITTED BY APPLICABLE <br>
LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY
FOR ANY DIRECT, <br>
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING WITHOUT <br>
LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, <br>
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE <br>
USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, <br>
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. <br>
<br>
7. GENERAL <br>
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect <br>
the validity or enforceability of the remainder of the terms of this
Agreement, and without further <br>
action by the parties hereto, such provision shall be reformed to
the minimum extent necessary to <br>
make such provision valid and enforceable. <br>
<br>
If Recipient institutes patent litigation against any entity
(including a cross-claim or counterclaim in <br>
a lawsuit) alleging that the Program itself (excluding combinations
of the Program with other software <br>
or hardware) infringes such Recipient's patent(s), then such
Recipient's rights granted under <br>
Section 2(b) shall terminate as of the date such litigation is
filed. <br>
<br>
All Recipient's rights under this Agreement shall terminate if it
fails to comply with any of the material <br>
terms or conditions of this Agreement and does not cure such failure
in a reasonable period of time <br>
after becoming aware of such noncompliance. If all Recipient's
rights under this Agreement terminate, <br>
Recipient agrees to cease use and distribution of the Program as
soon as reasonably practicable. However, <br>
Recipient's obligations under this Agreement and any licenses
granted by Recipient relating to the Program <br>
shall continue and survive. <br>
<br>
Everyone is permitted to copy and distribute copies of this
Agreement, but in order to avoid inconsistency <br>
the Agreement is copyrighted and may only be modified in the
following manner. The Agreement Steward <br>
reserves the right to publish new versions (including revisions) of
this Agreement from time to time. No <br>
one other than the Agreement Steward has the right to modify this
Agreement. The Eclipse Foundation <br>
is the initial Agreement Steward. The Eclipse Foundation may assign
the responsibility to serve as the <br>
Agreement Steward to a suitable separate entity. Each new version of
the Agreement will be given a <br>
distinguishing version number. The Program (including Contributions)
may always be Distributed subject <br>
to the version of the Agreement under which it was received. In
addition, after a new version of the <br>
Agreement is published, Contributor may elect to Distribute the
Program (including its Contributions) <br>
under the new version. <br>
<br>
Except as expressly stated in Sections 2(a) and 2(b) above,
Recipient receives no rights or licenses to <br>
the intellectual property of any Contributor under this Agreement,
whether expressly, by implication, <br>
estoppel or otherwise. All rights in the Program not expressly
granted under this Agreement are reserved.<br>
Nothing in this Agreement is intended to be enforceable by any
entity that is not a Contributor or Recipient. <br>
No third-party beneficiary rights are created under this Agreement.
<br>
<br>
<br>
Exhibit A – Form of Secondary Licenses Notice<br>
<br>
“This Source Code is also Distributed under one or more
Secondary Licenses, as those terms are <br>
defined by the Eclipse Public License, v. 2.0: {name
license(s),version(s), and exceptions or <br>
additional permissions here}.”<br>
<br>
Simply including a copy of this Agreement, including this Exhibit A
is not sufficient to license the <br>
Source Code under Secondary Licenses. <br>
<br>
If it is not possible or desirable to put the notice in a particular
file, then You may include the <br>
notice in a location (such as a LICENSE file in a relevant
directory) where a recipient would be <br>
likely to look for such a notice.<br>
<br>
You may add additional accurate notices of copyright ownership.
<pre class="moz-signature" cols="72">--
Mike Milinkovich
<a class="moz-txt-link-abbreviated" href="mailto:mike.milinkovich@eclipse-foundation.org">mike.milinkovich@eclipse-foundation.org</a>
(m) +1.613.220.3223
Please note the change to my email address.</pre>
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