| 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 |
| b) in the case of each subsequent Contributor: |
| i) changes to the Program, and |
| ii) additions to the Program; |
| 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. |
| 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. |
| 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. |
| 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 |
| b) its license agreement: |
| 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; |
| ii) effectively excludes on behalf of all Contributors all liability for damages, including |
| direct, indirect, special, incidental and consequential damages, such as lost profits; |
| iii) states that any provisions which differ from this Agreement are offered by that Contributor |
| alone and not by any other party; and |
| 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 |
| 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. |
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