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| <H1>Eclipse Public License - v 2.0</H1> | |
| <P>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. </P> | |
| <H2 id="definitions">1. DEFINITIONS</H2> | |
| <P>“Contribution” means:</P> | |
| <UL> | |
| <LI>a) in the case of the initial Contributor, the initial content | |
| Distributed under this Agreement, and </LI> | |
| <LI> b) in the case of each subsequent Contributor: | |
| <UL> | |
| <LI>i) changes to the Program, and</LI> | |
| <LI>ii) additions to the Program;</LI></UL> 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 | |
| changes or additions to the Program that are not Modified Works. | |
| </LI></UL> | |
| <P>“Contributor” means any person or entity that Distributes the Program.</P> | |
| <P>“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. </P> | |
| <P>“Program” means the Contributions Distributed in accordance with this | |
| Agreement. </P> | |
| <P>“Recipient” means anyone who receives the Program under this Agreement | |
| or any Secondary License (as applicable), including Contributors. </P> | |
| <P>“Derivative Works” shall mean any work, whether in Source Code or other | |
| form, that is based on (or derived from) the Program and for which the | |
| editorial revisions, annotations, elaborations, or other modifications | |
| represent, as a whole, an original work of authorship. </P> | |
| <P>“Modified Works” shall mean any work in Source Code or other form that | |
| results from an addition to, deletion from, or modification of the contents | |
| of the Program, including, for purposes of clarity any new file in Source | |
| Code form that contains any contents of the Program. Modified Works shall | |
| not include works that contain only declarations, interfaces, types, | |
| classes, structures, or files of the Program solely in each case in order | |
| to link to, bind by name, or subclass the Program or Modified Works | |
| thereof. </P> | |
| <P>“Distribute” means the acts of a) distributing or b) making available in | |
| any manner that enables the transfer of a copy. </P> | |
| <P>“Source Code” means the form of a Program preferred for making | |
| modifications, including but not limited to software source code, | |
| documentation source, and configuration files. </P> | |
| <P>“Secondary License” means either the GNU General Public License, Version | |
| 2.0, or any later versions of that license, including any exceptions or | |
| additional permissions as identified by the initial Contributor. </P> | |
| <H2 id="grant-of-rights">2. GRANT OF RIGHTS</H2> | |
| <UL> | |
| <LI>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. </LI> | |
| <LI>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 or other 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. </LI> | |
| <LI>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. </LI> | |
| <LI>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. </LI> | |
| <LI>e) Notwithstanding the terms of any Secondary License, no Contributor | |
| makes additional grants to any Recipient (other than those set forth | |
| in this Agreement) as a result of such Recipient's receipt of the | |
| Program under the terms of a Secondary License (if permitted under the | |
| terms of Section 3). </LI></UL> | |
| <H2 id="requirements">3. REQUIREMENTS</H2> | |
| <P>3.1 If a Contributor Distributes the Program in any form, then:</P> | |
| <UL> | |
| <LI>a) the Program must also be made available as Source Code, in | |
| accordance with section 3.2, and the Contributor must accompany the | |
| Program with a statement that the Source Code for the Program is | |
| available under this Agreement, and informs Recipients how to obtain it | |
| in a reasonable manner on or through a medium customarily used for | |
| software exchange; and </LI> | |
| <LI> b) the Contributor may Distribute the Program under a license | |
| different than this Agreement, provided that such license: | |
| <UL> | |
| <LI>i) effectively disclaims on behalf of all other 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; </LI> | |
| <LI>ii) effectively excludes on behalf of all other Contributors all | |
| liability for damages, including direct, indirect, special, incidental | |
| and consequential damages, such as lost profits; </LI> | |
| <LI>iii) does not attempt to limit or alter the recipients' rights in the | |
| Source Code under section 3.2; and </LI> | |
| <LI>iv) requires any subsequent distribution of the Program by any party | |
| to be under a license that satisfies the requirements of this section | |
| 3. </LI></UL></LI></UL> | |
| <P>3.2 When the Program is Distributed as Source Code:</P> | |
| <UL> | |
| <LI>a) it must be made available under this Agreement, or if the Program (i) | |
| is combined with other material in a separate file or files made | |
| available under a Secondary License, and (ii) the initial Contributor | |
| attached to the Source Code the notice described in Exhibit A of this | |
| Agreement, then the Program may be made available under the terms of | |
| such Secondary Licenses, and </LI> | |
| <LI>b) a copy of this Agreement must be included with each copy of the | |
| Program.</LI></UL> | |
| <P>3.3 Contributors may not remove or alter any copyright, patent, trademark, | |
| attribution notices, disclaimers of warranty, or limitations of liability | |
| (‘notices’) contained within the Program from any copy of the Program which | |
| they Distribute, provided that Contributors may add their own appropriate | |
| notices. </P> | |
| <H2 id="commercial-distribution">4. COMMERCIAL DISTRIBUTION</H2> | |
| <P>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. </P> | |
| <P>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. </P> | |
| <H2 id="warranty">5. NO WARRANTY</H2> | |
| <P>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED | |
| BY APPLICABLE LAW, 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. </P> | |
| <H2 id="disclaimer">6. DISCLAIMER OF LIABILITY</H2> | |
| <P>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED | |
| BY APPLICABLE LAW, 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. </P> | |
| <H2 id="general">7. GENERAL</H2> | |
| <P>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. </P> | |
| <P>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. | |
| </P> | |
| <P>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. </P> | |
| <P>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. </P> | |
| <P>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. Nothing in this Agreement is intended to | |
| be enforceable by any entity that is not a Contributor or Recipient. No | |
| third-party beneficiary rights are created under this Agreement. </P> | |
| <H2 id="exhibit-a">Exhibit A – Form of Secondary Licenses Notice</H2> | |
| <P>“This Source Code may also be made available under the following | |
| Secondary Licenses when the conditions for such availability set forth in | |
| the Eclipse Public License, v. 2.0 are satisfied: {name license(s), | |
| version(s), and exceptions or additional permissions here}.” </P> | |
| <BLOCKQUOTE> | |
| <P>Simply including a copy of this Agreement, including this Exhibit A | |
| is not sufficient to license the Source Code under Secondary Licenses. | |
| </P> | |
| <P>If it is not possible or desirable to put the notice in a particular file, | |
| then You may include the notice in a location (such as a LICENSE file in | |
| a relevant directory) where a recipient would be likely to look for | |
| such a notice. </P> | |
| <P>You may add additional accurate notices of copyright | |
| ownership.</P></BLOCKQUOTE></BODY></HTML> |