| Eclipse Public License - v 1.0 |
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| 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. |
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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 code and documentation |
| 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 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 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. |
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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 are |
| necessarily infringed by the use or sale of its Contribution alone or when |
| combined with the Program. |
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| "Program" means the Contributions distributed in accordance with this Agreement. |
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| "Recipient" means anyone who receives the Program under this Agreement, including |
| all Contributors. |
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| 2. GRANT OF RIGHTS |
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| 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, in source code and object code form. |
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| 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 and object code 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. |
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| 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. |
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| 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. |
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| 3. REQUIREMENTS |
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| A Contributor may choose to distribute the Program in object code form under |
| its own license agreement, provided that: |
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| a) it complies with the terms and conditions of this Agreement; and |
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| b) its license agreement: |
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| i) effectively disclaims on behalf of all 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; |
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| ii) effectively excludes on behalf of all Contributors all liability for damages, |
| including direct, indirect, special, incidental and consequential damages, |
| such as lost profits; |
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| iii) states that any provisions which differ from this Agreement are offered |
| by that Contributor alone and not by any other party; and |
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| 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. |
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| When the Program is made available in source code form: |
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| a) it must be made available under this Agreement; and |
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| b) a copy of this Agreement must be included with each copy of the Program. |
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| Contributors may not remove or alter any copyright notices contained within |
| the Program. |
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| 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 Contribution. |
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| 4. COMMERCIAL DISTRIBUTION |
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| 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. |
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| 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. |
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| 5. NO WARRANTY |
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| EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, 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. |
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| 6. DISCLAIMER OF LIABILITY |
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| EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, 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. |
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| 7. GENERAL |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| This Agreement is governed by the laws of the State of New York and the intellectual |
| property laws of the United States of America. No party to this Agreement |
| will bring a legal action under this Agreement more than one year after the |
| cause of action arose. Each party waives its rights to a jury trial in any |
| resulting litigation. |