Eclipse Public License 2.0
false
Full name
Eclipse Public License 2.0
Short identifier
EPL-2.0
Other web pages for this license
true
Notes
Secondary Licenses declared via Exhibit A should be represented using the disjunctive OR operator (See: SPDX spec, section on SPDX License Expressions and https://www.eclipse.org/legal/epl-2.0/faq.php for more info).
Text
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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:
"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.
There is no standard license header for the license
<<beginOptional>>Eclipse Public License - v 2.0
<<endOptional>>
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.
<<var;name="bullet";original="1.";match=".{0,20}">> DEFINITIONS
"Contribution" means:
<<var;name="bullet";original="a)";match=".{0,20}">> in the case of the initial Contributor, the initial content Distributed under this Agreement, and
<<var;name="bullet";original="b)";match=".{0,20}">> in the case of each subsequent Contributor:
<<var;name="bullet";original="i)";match=".{0,20}">> changes to the Program, and
<<var;name="bullet";original="ii)";match=".{0,20}">> 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.
<<var;name="bullet";original="2.";match=".{0,20}">> GRANT OF RIGHTS
<<var;name="bullet";original="a)";match=".{0,20}">> 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.
<<var;name="bullet";original="b)";match=".{0,20}">> 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.
<<var;name="bullet";original="c)";match=".{0,20}">> 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.
<<var;name="bullet";original="d)";match=".{0,20}">> 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.
<<var;name="bullet";original="e)";match=".{0,20}">> 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).
<<var;name="bullet";original="3.";match=".{0,20}">> REQUIREMENTS
<<var;name="bullet";original="3.1";match=".{0,20}">> If a Contributor Distributes the Program in any form, then:
<<var;name="bullet";original="a)";match=".{0,20}">> 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
<<var;name="bullet";original="b)";match=".{0,20}">> the Contributor may Distribute the Program under a license different than this Agreement, provided that such license:
<<var;name="bullet";original="i)";match=".{0,20}">> 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;
<<var;name="bullet";original="ii)";match=".{0,20}">> effectively excludes on behalf of all other Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
<<var;name="bullet";original="iii)";match=".{0,20}">> does not attempt to limit or alter the recipients' rights in the Source Code under section 3.2; and
<<var;name="bullet";original="iv)";match=".{0,20}">> requires any subsequent distribution of the Program by any party to be under a license that satisfies the requirements of this section 3.
<<var;name="bullet";original="3.2";match=".{0,20}">> When the Program is Distributed as Source Code:
<<var;name="bullet";original="a)";match=".{0,20}">> 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
<<var;name="bullet";original="b)";match=".{0,20}">> a copy of this Agreement must be included with each copy of the Program.
<<var;name="bullet";original="3.3";match=".{0,20}">> 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.
<<var;name="bullet";original="4.";match=".{0,20}">> 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.
<<var;name="bullet";original="5.";match=".{0,20}">> 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.
<<var;name="bullet";original="6.";match=".{0,20}">> 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.
<<var;name="bullet";original="7.";match=".{0,20}">> 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.