| 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. |