Buderus EM100 Instructions D'installation page 80

9.3 EPL-1.0 License
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE
TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT").
ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PRO-
GRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AG-
REEMENT.
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 origi-
nate from and are distributed by that particular Contribu-
tor. 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.
"Licensed Patents" mean patent claims licensable by a Con-
tributor 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 accor-
dance with this Agreement.
"Recipient" means anyone who receives the Program under
this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor
hereby grants Recipient a non-exclusive, worldwide, royal-
ty-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, royal-
ty-free patent license under Licensed Patents to make, use,
sell, offer to sell, import and otherwise transfer the Contri-
bution of such Contributor, if any, insource code and object
code form. This patent license shall apply to the combinati-
on 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
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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 Pro-
gram does not infringe the patent or other intellectual pro-
perty rights of any other entity. Each Contributor disclaims
any liability to Recipient for claims brought by any other en-
tity based on infringement of intellectual property rights or
otherwise. As a condition to exercising the rights and licen-
ses 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 li-
cense is required to allow Recipient to distribute the Pro-
gram, 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.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in ob-
ject code form under its own license agreement, provided
that:
a) it complies with the terms and conditions of this Agree-
ment; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all war-
ranties and conditions, express and implied, including war-
ranties or conditions of title and non-infringement, and
implied warranties or conditions of merchantability and fit-
ness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liabi-
lity fordamages, including direct, indirect, special, inciden-
tal and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agree-
ment 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 Con-
tribution.
EM100 – 6721804147 (2019/10)