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