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| 7 | <title>Eclipse Public License - Version 1.0</title>
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| 27 |
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| 28 | <body lang="EN-US">
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| 29 |
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| 30 | <p align=center><b>Eclipse Public License - v 1.0</b></p>
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| 31 |
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| 32 | <p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
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| 33 | PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
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| 34 | DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
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| 35 | AGREEMENT.</p>
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| 36 |
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| 37 | <p><b>1. DEFINITIONS</b></p>
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| 38 |
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| 39 | <p>"Contribution" means:</p>
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| 40 |
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| 41 | <p class="list">a) in the case of the initial Contributor, the initial
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| 42 | code and documentation distributed under this Agreement, and</p>
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| 43 | <p class="list">b) in the case of each subsequent Contributor:</p>
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| 44 | <p class="list">i) changes to the Program, and</p>
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| 45 | <p class="list">ii) additions to the Program;</p>
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| 46 | <p class="list">where such changes and/or additions to the Program
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| 47 | originate from and are distributed by that particular Contributor. A
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| 48 | Contribution 'originates' from a Contributor if it was added to the
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| 49 | Program by such Contributor itself or anyone acting on such
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| 50 | Contributor's behalf. Contributions do not include additions to the
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| 51 | Program which: (i) are separate modules of software distributed in
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| 52 | conjunction with the Program under their own license agreement, and (ii)
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| 53 | are not derivative works of the Program.</p>
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| 54 |
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| 55 | <p>"Contributor" means any person or entity that distributes
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| 56 | the Program.</p>
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| 57 |
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| 58 | <p>"Licensed Patents" mean patent claims licensable by a
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| 59 | Contributor which are necessarily infringed by the use or sale of its
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| 60 | Contribution alone or when combined with the Program.</p>
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| 61 |
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| 62 | <p>"Program" means the Contributions distributed in accordance
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| 63 | with this Agreement.</p>
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| 64 |
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| 65 | <p>"Recipient" means anyone who receives the Program under
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| 66 | this Agreement, including all Contributors.</p>
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| 67 |
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| 68 | <p><b>2. GRANT OF RIGHTS</b></p>
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| 69 |
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| 70 | <p class="list">a) Subject to the terms of this Agreement, each
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| 71 | Contributor hereby grants Recipient a non-exclusive, worldwide,
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| 72 | royalty-free copyright license to reproduce, prepare derivative works
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| 73 | of, publicly display, publicly perform, distribute and sublicense the
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| 74 | Contribution of such Contributor, if any, and such derivative works, in
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| 75 | source code and object code form.</p>
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| 76 |
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| 77 | <p class="list">b) Subject to the terms of this Agreement, each
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| 78 | Contributor hereby grants Recipient a non-exclusive, worldwide,
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| 79 | royalty-free patent license under Licensed Patents to make, use, sell,
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| 80 | offer to sell, import and otherwise transfer the Contribution of such
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| 81 | Contributor, if any, in source code and object code form. This patent
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| 82 | license shall apply to the combination of the Contribution and the
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| 83 | Program if, at the time the Contribution is added by the Contributor,
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| 84 | such addition of the Contribution causes such combination to be covered
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| 85 | by the Licensed Patents. The patent license shall not apply to any other
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| 86 | combinations which include the Contribution. No hardware per se is
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| 87 | licensed hereunder.</p>
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| 88 |
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| 89 | <p class="list">c) Recipient understands that although each Contributor
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| 90 | grants the licenses to its Contributions set forth herein, no assurances
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| 91 | are provided by any Contributor that the Program does not infringe the
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| 92 | patent or other intellectual property rights of any other entity. Each
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| 93 | Contributor disclaims any liability to Recipient for claims brought by
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| 94 | any other entity based on infringement of intellectual property rights
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| 95 | or otherwise. As a condition to exercising the rights and licenses
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| 96 | granted hereunder, each Recipient hereby assumes sole responsibility to
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| 97 | secure any other intellectual property rights needed, if any. For
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| 98 | example, if a third party patent license is required to allow Recipient
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| 99 | to distribute the Program, it is Recipient's responsibility to acquire
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| 100 | that license before distributing the Program.</p>
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| 101 |
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| 102 | <p class="list">d) Each Contributor represents that to its knowledge it
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| 103 | has sufficient copyright rights in its Contribution, if any, to grant
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| 104 | the copyright license set forth in this Agreement.</p>
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| 105 |
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| 106 | <p><b>3. REQUIREMENTS</b></p>
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| 107 |
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| 108 | <p>A Contributor may choose to distribute the Program in object code
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| 109 | form under its own license agreement, provided that:</p>
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| 110 |
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| 111 | <p class="list">a) it complies with the terms and conditions of this
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| 112 | Agreement; and</p>
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| 113 |
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| 114 | <p class="list">b) its license agreement:</p>
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| 115 |
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| 116 | <p class="list">i) effectively disclaims on behalf of all Contributors
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| 117 | all warranties and conditions, express and implied, including warranties
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| 118 | or conditions of title and non-infringement, and implied warranties or
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| 119 | conditions of merchantability and fitness for a particular purpose;</p>
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| 120 |
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| 121 | <p class="list">ii) effectively excludes on behalf of all Contributors
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| 122 | all liability for damages, including direct, indirect, special,
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| 123 | incidental and consequential damages, such as lost profits;</p>
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| 124 |
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| 125 | <p class="list">iii) states that any provisions which differ from this
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| 126 | Agreement are offered by that Contributor alone and not by any other
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| 127 | party; and</p>
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| 128 |
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| 129 | <p class="list">iv) states that source code for the Program is available
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| 130 | from such Contributor, and informs licensees how to obtain it in a
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| 131 | reasonable manner on or through a medium customarily used for software
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| 132 | exchange.</p>
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| 133 |
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| 134 | <p>When the Program is made available in source code form:</p>
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| 135 |
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| 136 | <p class="list">a) it must be made available under this Agreement; and</p>
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| 137 |
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| 138 | <p class="list">b) a copy of this Agreement must be included with each
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| 139 | copy of the Program.</p>
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| 140 |
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| 141 | <p>Contributors may not remove or alter any copyright notices contained
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| 142 | within the Program.</p>
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| 143 |
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| 144 | <p>Each Contributor must identify itself as the originator of its
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| 145 | Contribution, if any, in a manner that reasonably allows subsequent
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| 146 | Recipients to identify the originator of the Contribution.</p>
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| 147 |
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| 148 | <p><b>4. COMMERCIAL DISTRIBUTION</b></p>
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| 149 |
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| 150 | <p>Commercial distributors of software may accept certain
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| 151 | responsibilities with respect to end users, business partners and the
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| 152 | like. While this license is intended to facilitate the commercial use of
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| 153 | the Program, the Contributor who includes the Program in a commercial
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| 154 | product offering should do so in a manner which does not create
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| 155 | potential liability for other Contributors. Therefore, if a Contributor
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| 156 | includes the Program in a commercial product offering, such Contributor
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| 157 | ("Commercial Contributor") hereby agrees to defend and
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| 158 | indemnify every other Contributor ("Indemnified Contributor")
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| 159 | against any losses, damages and costs (collectively "Losses")
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| 160 | arising from claims, lawsuits and other legal actions brought by a third
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| 161 | party against the Indemnified Contributor to the extent caused by the
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| 162 | acts or omissions of such Commercial Contributor in connection with its
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| 163 | distribution of the Program in a commercial product offering. The
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| 164 | obligations in this section do not apply to any claims or Losses
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| 165 | relating to any actual or alleged intellectual property infringement. In
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| 166 | order to qualify, an Indemnified Contributor must: a) promptly notify
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| 167 | the Commercial Contributor in writing of such claim, and b) allow the
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| 168 | Commercial Contributor to control, and cooperate with the Commercial
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| 169 | Contributor in, the defense and any related settlement negotiations. The
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| 170 | Indemnified Contributor may participate in any such claim at its own
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| 171 | expense.</p>
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| 172 |
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| 173 | <p>For example, a Contributor might include the Program in a commercial
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| 174 | product offering, Product X. That Contributor is then a Commercial
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| 175 | Contributor. If that Commercial Contributor then makes performance
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| 176 | claims, or offers warranties related to Product X, those performance
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| 177 | claims and warranties are such Commercial Contributor's responsibility
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| 178 | alone. Under this section, the Commercial Contributor would have to
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| 179 | defend claims against the other Contributors related to those
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| 180 | performance claims and warranties, and if a court requires any other
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| 181 | Contributor to pay any damages as a result, the Commercial Contributor
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| 182 | must pay those damages.</p>
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| 183 |
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| 184 | <p><b>5. NO WARRANTY</b></p>
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| 185 |
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| 186 | <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
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| 187 | PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
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| 188 | OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
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| 189 | ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
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| 190 | OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
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| 191 | responsible for determining the appropriateness of using and
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| 192 | distributing the Program and assumes all risks associated with its
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| 193 | exercise of rights under this Agreement , including but not limited to
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| 194 | the risks and costs of program errors, compliance with applicable laws,
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| 195 | damage to or loss of data, programs or equipment, and unavailability or
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| 196 | interruption of operations.</p>
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| 197 |
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| 198 | <p><b>6. DISCLAIMER OF LIABILITY</b></p>
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| 199 |
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| 200 | <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
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| 201 | NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
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| 202 | INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
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| 203 | WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
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| 204 | LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
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| 205 | NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
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| 206 | DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
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| 207 | HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
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| 208 |
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| 209 | <p><b>7. GENERAL</b></p>
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| 210 |
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| 211 | <p>If any provision of this Agreement is invalid or unenforceable under
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| 212 | applicable law, it shall not affect the validity or enforceability of
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| 213 | the remainder of the terms of this Agreement, and without further action
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| 214 | by the parties hereto, such provision shall be reformed to the minimum
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| 215 | extent necessary to make such provision valid and enforceable.</p>
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| 216 |
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| 217 | <p>If Recipient institutes patent litigation against any entity
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| 218 | (including a cross-claim or counterclaim in a lawsuit) alleging that the
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| 219 | Program itself (excluding combinations of the Program with other
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| 220 | software or hardware) infringes such Recipient's patent(s), then such
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| 221 | Recipient's rights granted under Section 2(b) shall terminate as of the
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| 222 | date such litigation is filed.</p>
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| 223 |
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| 224 | <p>All Recipient's rights under this Agreement shall terminate if it
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| 225 | fails to comply with any of the material terms or conditions of this
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| 226 | Agreement and does not cure such failure in a reasonable period of time
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| 227 | after becoming aware of such noncompliance. If all Recipient's rights
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| 228 | under this Agreement terminate, Recipient agrees to cease use and
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| 229 | distribution of the Program as soon as reasonably practicable. However,
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| 230 | Recipient's obligations under this Agreement and any licenses granted by
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| 231 | Recipient relating to the Program shall continue and survive.</p>
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| 232 |
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| 233 | <p>Everyone is permitted to copy and distribute copies of this
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| 234 | Agreement, but in order to avoid inconsistency the Agreement is
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| 235 | copyrighted and may only be modified in the following manner. The
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| 236 | Agreement Steward reserves the right to publish new versions (including
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| 237 | revisions) of this Agreement from time to time. No one other than the
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| 238 | Agreement Steward has the right to modify this Agreement. The Eclipse
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| 239 | Foundation is the initial Agreement Steward. The Eclipse Foundation may
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| 240 | assign the responsibility to serve as the Agreement Steward to a
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| 241 | suitable separate entity. Each new version of the Agreement will be
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| 242 | given a distinguishing version number. The Program (including
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| 243 | Contributions) may always be distributed subject to the version of the
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| 244 | Agreement under which it was received. In addition, after a new version
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| 245 | of the Agreement is published, Contributor may elect to distribute the
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| 246 | Program (including its Contributions) under the new version. Except as
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| 247 | expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
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| 248 | rights or licenses to the intellectual property of any Contributor under
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| 249 | this Agreement, whether expressly, by implication, estoppel or
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| 250 | otherwise. All rights in the Program not expressly granted under this
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| 251 | Agreement are reserved.</p>
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| 252 |
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| 253 | <p>This Agreement is governed by the laws of the State of New York and
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| 254 | the intellectual property laws of the United States of America. No party
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| 255 | to this Agreement will bring a legal action under this Agreement more
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| 256 | than one year after the cause of action arose. Each party waives its
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| 257 | rights to a jury trial in any resulting litigation.</p>
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| 258 |
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| 259 | </body>
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| 260 |
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| 261 | </html>
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