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| 6 | +<head>
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| 8 | +<title>Eclipse Public License - Version 1.0</title>
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| 27 | +</head>
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| 28 | +
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| 29 | +<body lang="EN-US">
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| 30 | +
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| 31 | +<h2>Eclipse Public License - v 1.0</h2>
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| 32 | +
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| 33 | +<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
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| 34 | +PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
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| 35 | +DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
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| 36 | +AGREEMENT.</p>
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| 37 | +
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| 38 | +<p><b>1. DEFINITIONS</b></p>
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| 39 | +
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| 40 | +<p>"Contribution" means:</p>
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| 41 | +
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| 42 | +<p class="list">a) in the case of the initial Contributor, the initial
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| 43 | +code and documentation distributed under this Agreement, and</p>
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| 44 | +<p class="list">b) in the case of each subsequent Contributor:</p>
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| 45 | +<p class="list">i) changes to the Program, and</p>
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| 46 | +<p class="list">ii) additions to the Program;</p>
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| 47 | +<p class="list">where such changes and/or additions to the Program
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| 48 | +originate from and are distributed by that particular Contributor. A
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| 49 | +Contribution 'originates' from a Contributor if it was added to the
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| 50 | +Program by such Contributor itself or anyone acting on such
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| 51 | +Contributor's behalf. Contributions do not include additions to the
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| 52 | +Program which: (i) are separate modules of software distributed in
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| 53 | +conjunction with the Program under their own license agreement, and (ii)
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| 54 | +are not derivative works of the Program.</p>
|
| 55 | +
|
| 56 | +<p>"Contributor" means any person or entity that distributes
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| 57 | +the Program.</p>
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| 58 | +
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| 59 | +<p>"Licensed Patents" mean patent claims licensable by a
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| 60 | +Contributor which are necessarily infringed by the use or sale of its
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| 61 | +Contribution alone or when combined with the Program.</p>
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| 62 | +
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| 63 | +<p>"Program" means the Contributions distributed in accordance
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| 64 | +with this Agreement.</p>
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| 65 | +
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| 66 | +<p>"Recipient" means anyone who receives the Program under
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| 67 | +this Agreement, including all Contributors.</p>
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| 68 | +
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| 69 | +<p><b>2. GRANT OF RIGHTS</b></p>
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| 70 | +
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| 71 | +<p class="list">a) Subject to the terms of this Agreement, each
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| 72 | +Contributor hereby grants Recipient a non-exclusive, worldwide,
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| 73 | +royalty-free copyright license to reproduce, prepare derivative works
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| 74 | +of, publicly display, publicly perform, distribute and sublicense the
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| 75 | +Contribution of such Contributor, if any, and such derivative works, in
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| 76 | +source code and object code form.</p>
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| 77 | +
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| 78 | +<p class="list">b) Subject to the terms of this Agreement, each
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| 79 | +Contributor hereby grants Recipient a non-exclusive, worldwide,
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| 80 | +royalty-free patent license under Licensed Patents to make, use, sell,
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| 81 | +offer to sell, import and otherwise transfer the Contribution of such
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| 82 | +Contributor, if any, in source code and object code form. This patent
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| 83 | +license shall apply to the combination of the Contribution and the
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| 84 | +Program if, at the time the Contribution is added by the Contributor,
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| 85 | +such addition of the Contribution causes such combination to be covered
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| 86 | +by the Licensed Patents. The patent license shall not apply to any other
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| 87 | +combinations which include the Contribution. No hardware per se is
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| 88 | +licensed hereunder.</p>
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| 89 | +
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| 90 | +<p class="list">c) Recipient understands that although each Contributor
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| 91 | +grants the licenses to its Contributions set forth herein, no assurances
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| 92 | +are provided by any Contributor that the Program does not infringe the
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| 93 | +patent or other intellectual property rights of any other entity. Each
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| 94 | +Contributor disclaims any liability to Recipient for claims brought by
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| 95 | +any other entity based on infringement of intellectual property rights
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| 96 | +or otherwise. As a condition to exercising the rights and licenses
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| 97 | +granted hereunder, each Recipient hereby assumes sole responsibility to
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| 98 | +secure any other intellectual property rights needed, if any. For
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| 99 | +example, if a third party patent license is required to allow Recipient
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| 100 | +to distribute the Program, it is Recipient's responsibility to acquire
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| 101 | +that license before distributing the Program.</p>
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| 102 | +
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| 103 | +<p class="list">d) Each Contributor represents that to its knowledge it
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| 104 | +has sufficient copyright rights in its Contribution, if any, to grant
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| 105 | +the copyright license set forth in this Agreement.</p>
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| 106 | +
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| 107 | +<p><b>3. REQUIREMENTS</b></p>
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| 108 | +
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| 109 | +<p>A Contributor may choose to distribute the Program in object code
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| 110 | +form under its own license agreement, provided that:</p>
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| 111 | +
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| 112 | +<p class="list">a) it complies with the terms and conditions of this
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| 113 | +Agreement; and</p>
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| 114 | +
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| 115 | +<p class="list">b) its license agreement:</p>
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| 116 | +
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| 117 | +<p class="list">i) effectively disclaims on behalf of all Contributors
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| 118 | +all warranties and conditions, express and implied, including warranties
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| 119 | +or conditions of title and non-infringement, and implied warranties or
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| 120 | +conditions of merchantability and fitness for a particular purpose;</p>
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| 121 | +
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| 122 | +<p class="list">ii) effectively excludes on behalf of all Contributors
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| 123 | +all liability for damages, including direct, indirect, special,
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| 124 | +incidental and consequential damages, such as lost profits;</p>
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| 125 | +
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| 126 | +<p class="list">iii) states that any provisions which differ from this
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| 127 | +Agreement are offered by that Contributor alone and not by any other
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| 128 | +party; and</p>
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| 129 | +
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| 130 | +<p class="list">iv) states that source code for the Program is available
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| 131 | +from such Contributor, and informs licensees how to obtain it in a
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| 132 | +reasonable manner on or through a medium customarily used for software
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| 133 | +exchange.</p>
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| 134 | +
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| 135 | +<p>When the Program is made available in source code form:</p>
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| 136 | +
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| 137 | +<p class="list">a) it must be made available under this Agreement; and</p>
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| 138 | +
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| 139 | +<p class="list">b) a copy of this Agreement must be included with each
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| 140 | +copy of the Program.</p>
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| 141 | +
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| 142 | +<p>Contributors may not remove or alter any copyright notices contained
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| 143 | +within the Program.</p>
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| 144 | +
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| 145 | +<p>Each Contributor must identify itself as the originator of its
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| 146 | +Contribution, if any, in a manner that reasonably allows subsequent
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| 147 | +Recipients to identify the originator of the Contribution.</p>
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| 148 | +
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| 149 | +<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
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| 150 | +
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| 151 | +<p>Commercial distributors of software may accept certain
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| 152 | +responsibilities with respect to end users, business partners and the
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| 153 | +like. While this license is intended to facilitate the commercial use of
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| 154 | +the Program, the Contributor who includes the Program in a commercial
|
| 155 | +product offering should do so in a manner which does not create
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| 156 | +potential liability for other Contributors. Therefore, if a Contributor
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| 157 | +includes the Program in a commercial product offering, such Contributor
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| 158 | +("Commercial Contributor") hereby agrees to defend and
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| 159 | +indemnify every other Contributor ("Indemnified Contributor")
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| 160 | +against any losses, damages and costs (collectively "Losses")
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| 161 | +arising from claims, lawsuits and other legal actions brought by a third
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| 162 | +party against the Indemnified Contributor to the extent caused by the
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| 163 | +acts or omissions of such Commercial Contributor in connection with its
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| 164 | +distribution of the Program in a commercial product offering. The
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| 165 | +obligations in this section do not apply to any claims or Losses
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| 166 | +relating to any actual or alleged intellectual property infringement. In
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| 167 | +order to qualify, an Indemnified Contributor must: a) promptly notify
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| 168 | +the Commercial Contributor in writing of such claim, and b) allow the
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| 169 | +Commercial Contributor to control, and cooperate with the Commercial
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| 170 | +Contributor in, the defense and any related settlement negotiations. The
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| 171 | +Indemnified Contributor may participate in any such claim at its own
|
| 172 | +expense.</p>
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| 173 | +
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| 174 | +<p>For example, a Contributor might include the Program in a commercial
|
| 175 | +product offering, Product X. That Contributor is then a Commercial
|
| 176 | +Contributor. If that Commercial Contributor then makes performance
|
| 177 | +claims, or offers warranties related to Product X, those performance
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| 178 | +claims and warranties are such Commercial Contributor's responsibility
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| 179 | +alone. Under this section, the Commercial Contributor would have to
|
| 180 | +defend claims against the other Contributors related to those
|
| 181 | +performance claims and warranties, and if a court requires any other
|
| 182 | +Contributor to pay any damages as a result, the Commercial Contributor
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| 183 | +must pay those damages.</p>
|
| 184 | +
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| 185 | +<p><b>5. NO WARRANTY</b></p>
|
| 186 | +
|
| 187 | +<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
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| 188 | +PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
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| 189 | +OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
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| 190 | +ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
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| 191 | +OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
|
| 192 | +responsible for determining the appropriateness of using and
|
| 193 | +distributing the Program and assumes all risks associated with its
|
| 194 | +exercise of rights under this Agreement , including but not limited to
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| 195 | +the risks and costs of program errors, compliance with applicable laws,
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| 196 | +damage to or loss of data, programs or equipment, and unavailability or
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| 197 | +interruption of operations.</p>
|
| 198 | +
|
| 199 | +<p><b>6. DISCLAIMER OF LIABILITY</b></p>
|
| 200 | +
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| 201 | +<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
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| 202 | +NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
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| 203 | +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
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| 204 | +WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
|
| 205 | +LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
|
| 206 | +NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
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| 207 | +DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
|
| 208 | +HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
|
| 209 | +
|
| 210 | +<p><b>7. GENERAL</b></p>
|
| 211 | +
|
| 212 | +<p>If any provision of this Agreement is invalid or unenforceable under
|
| 213 | +applicable law, it shall not affect the validity or enforceability of
|
| 214 | +the remainder of the terms of this Agreement, and without further action
|
| 215 | +by the parties hereto, such provision shall be reformed to the minimum
|
| 216 | +extent necessary to make such provision valid and enforceable.</p>
|
| 217 | +
|
| 218 | +<p>If Recipient institutes patent litigation against any entity
|
| 219 | +(including a cross-claim or counterclaim in a lawsuit) alleging that the
|
| 220 | +Program itself (excluding combinations of the Program with other
|
| 221 | +software or hardware) infringes such Recipient's patent(s), then such
|
| 222 | +Recipient's rights granted under Section 2(b) shall terminate as of the
|
| 223 | +date such litigation is filed.</p>
|
| 224 | +
|
| 225 | +<p>All Recipient's rights under this Agreement shall terminate if it
|
| 226 | +fails to comply with any of the material terms or conditions of this
|
| 227 | +Agreement and does not cure such failure in a reasonable period of time
|
| 228 | +after becoming aware of such noncompliance. If all Recipient's rights
|
| 229 | +under this Agreement terminate, Recipient agrees to cease use and
|
| 230 | +distribution of the Program as soon as reasonably practicable. However,
|
| 231 | +Recipient's obligations under this Agreement and any licenses granted by
|
| 232 | +Recipient relating to the Program shall continue and survive.</p>
|
| 233 | +
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| 234 | +<p>Everyone is permitted to copy and distribute copies of this
|
| 235 | +Agreement, but in order to avoid inconsistency the Agreement is
|
| 236 | +copyrighted and may only be modified in the following manner. The
|
| 237 | +Agreement Steward reserves the right to publish new versions (including
|
| 238 | +revisions) of this Agreement from time to time. No one other than the
|
| 239 | +Agreement Steward has the right to modify this Agreement. The Eclipse
|
| 240 | +Foundation is the initial Agreement Steward. The Eclipse Foundation may
|
| 241 | +assign the responsibility to serve as the Agreement Steward to a
|
| 242 | +suitable separate entity. Each new version of the Agreement will be
|
| 243 | +given a distinguishing version number. The Program (including
|
| 244 | +Contributions) may always be distributed subject to the version of the
|
| 245 | +Agreement under which it was received. In addition, after a new version
|
| 246 | +of the Agreement is published, Contributor may elect to distribute the
|
| 247 | +Program (including its Contributions) under the new version. Except as
|
| 248 | +expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
|
| 249 | +rights or licenses to the intellectual property of any Contributor under
|
| 250 | +this Agreement, whether expressly, by implication, estoppel or
|
| 251 | +otherwise. All rights in the Program not expressly granted under this
|
| 252 | +Agreement are reserved.</p>
|
| 253 | +
|
| 254 | +<p>This Agreement is governed by the laws of the State of New York and
|
| 255 | +the intellectual property laws of the United States of America. No party
|
| 256 | +to this Agreement will bring a legal action under this Agreement more
|
| 257 | +than one year after the cause of action arose. Each party waives its
|
| 258 | +rights to a jury trial in any resulting litigation.</p>
|
| 259 | +
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| 260 | +</body>
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| 262 | +</html> |
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