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| <title>Eclipse Public License - Version 1.0</title> |
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| |
| <div class=Section1> |
| |
| <p align=center style='text-align: center'> |
| <b>Eclipse Public License - v 1.0</b> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>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.</span> |
| </p> |
| |
| <p> |
| <b><span style='font-size: 10.0pt'>1. DEFINITIONS</span></b> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>"Contribution" |
| means:</span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>a) in the case of the initial |
| Contributor, the initial code and documentation distributed under |
| this Agreement, and<br clear=left> b) in the case of each |
| subsequent Contributor: |
| </span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>i) changes to the Program, and</span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>ii) additions to the Program;</span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>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. </span> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>"Contributor" means |
| any person or entity that distributes the Program.</span> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>"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. </span> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>"Program" means the |
| Contributions distributed in accordance with this Agreement.</span> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>"Recipient" means |
| anyone who receives the Program under this Agreement, including all |
| Contributors.</span> |
| </p> |
| |
| <p> |
| <b><span style='font-size: 10.0pt'>2. GRANT OF RIGHTS</span></b> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>a) Subject to the terms of |
| this Agreement, each Contributor hereby grants Recipient a |
| non-exclusive, worldwide, royalty-free copyright license to<span |
| style='color: red'> </span>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. |
| </span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>b) Subject to the terms of |
| this Agreement, each Contributor hereby grants Recipient a |
| non-exclusive, worldwide,<span style='color: green'> </span>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. |
| </span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>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.</span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>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. </span> |
| </p> |
| |
| <p> |
| <b><span style='font-size: 10.0pt'>3. REQUIREMENTS</span></b> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>A Contributor may choose to |
| distribute the Program in object code form under its own license |
| agreement, provided that:</span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>a) it complies with the terms |
| and conditions of this Agreement; and</span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>b) its license agreement:</span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>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; </span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>ii) effectively excludes on |
| behalf of all Contributors all liability for damages, including |
| direct, indirect, special, incidental and consequential damages, |
| such as lost profits; </span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>iii) states that any |
| provisions which differ from this Agreement are offered by that |
| Contributor alone and not by any other party; and</span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>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.<span |
| style='color: blue'> </span> |
| </span> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>When the Program is made |
| available in source code form:</span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>a) it must be made available |
| under this Agreement; and </span> |
| </p> |
| |
| <p class=MsoNormal style='margin-left: .5in'> |
| <span style='font-size: 10.0pt'>b) a copy of this Agreement |
| must be included with each copy of the Program. </span> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>Contributors may not remove or |
| alter any copyright notices contained within the Program. </span> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>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. </span> |
| </p> |
| |
| <p> |
| <b><span style='font-size: 10.0pt'>4. COMMERCIAL |
| DISTRIBUTION</span></b> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>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.</span> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>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.</span> |
| </p> |
| |
| <p> |
| <b><span style='font-size: 10.0pt'>5. NO WARRANTY</span></b> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>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. </span> |
| </p> |
| |
| <p> |
| <b><span style='font-size: 10.0pt'>6. DISCLAIMER OF |
| LIABILITY</span></b> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>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.</span> |
| </p> |
| |
| <p> |
| <b><span style='font-size: 10.0pt'>7. GENERAL</span></b> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>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.</span> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>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. </span> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>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. </span> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>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.</span> |
| </p> |
| |
| <p> |
| <span style='font-size: 10.0pt'>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.</span> |
| </p> |
| |
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