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			232 lines
		
	
	
		
			14 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
| Eclipse Public License - v 2.0
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| THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
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| LICENSE (“AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
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| CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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| 
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| 1. DEFINITIONS
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| “Contribution” means:
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| 
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| a) in the case of the initial Contributor, the initial content Distributed
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| 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
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| Distributed by that particular Contributor. A Contribution “originates” from
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| a Contributor if it was added to the Program by such Contributor itself or
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| anyone acting on such Contributor's behalf. Contributions do not include changes
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| or additions to the Program that are not Modified Works.
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| “Contributor” means any person or entity that Distributes the Program.
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| 
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| “Licensed Patents” mean patent claims licensable by a Contributor which are
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| necessarily infringed by the use or sale of its Contribution alone or when
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| combined with the Program.
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| 
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| “Program” means the Contributions Distributed in accordance with this Agreement.
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| 
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| “Recipient” means anyone who receives the Program under this Agreement or
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| any Secondary License (as applicable), including Contributors.
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| 
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| “Derivative Works” shall mean any work, whether in Source Code or other form,
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| that is based on (or derived from) the Program and for which the editorial
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| revisions, annotations, elaborations, or other modifications represent, as
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| a whole, an original work of authorship.
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| 
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| “Modified Works” shall mean any work in Source Code or other form that results
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| from an addition to, deletion from, or modification of the contents of the
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| Program, including, for purposes of clarity any new file in Source Code form
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| that contains any contents of the Program. Modified Works shall not include
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| works that contain only declarations, interfaces, types, classes, structures,
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| or files of the Program solely in each case in order to link to, bind by name,
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| or subclass the Program or Modified Works thereof.
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| 
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| “Distribute” means the acts of a) distributing or b) making available in any
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| manner that enables the transfer of a copy.
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| 
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| “Source Code” means the form of a Program preferred for making modifications,
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| including but not limited to software source code, documentation source, and
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| configuration files.
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| 
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| “Secondary License” means either the GNU General Public License, Version 2.0,
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| or any later versions of that license, including any exceptions or additional
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| permissions as identified by the initial Contributor.
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| 
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| 2. GRANT OF RIGHTS
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| a) Subject to the terms of this Agreement, each Contributor hereby grants
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| Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce,
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| prepare Derivative Works of, publicly display, publicly perform, Distribute
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| and sublicense the Contribution of such Contributor, if any, and such Derivative
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| Works.
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| b) Subject to the terms of this Agreement, each Contributor hereby grants
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| Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
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| Patents to make, use, sell, offer to sell, import and otherwise transfer the
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| Contribution of such Contributor, if any, in Source Code or other form. This
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| patent license shall apply to the combination of the Contribution and the
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| Program if, at the time the Contribution is added by the Contributor, such
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| addition of the Contribution causes such combination to be covered by the
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| Licensed Patents. The patent license shall not apply to any other combinations
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| 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
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| to its Contributions set forth herein, no assurances are provided by any Contributor
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| that the Program does not infringe the patent or other intellectual property
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| rights of any other entity. Each Contributor disclaims any liability to Recipient
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| for claims brought by any other entity based on infringement of intellectual
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| property rights or otherwise. As a condition to exercising the rights and
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| licenses granted hereunder, each Recipient hereby assumes sole responsibility
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| to secure any other intellectual property rights needed, if any. For example,
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| if a third party patent license is required to allow Recipient to Distribute
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| the Program, it is Recipient's responsibility to acquire that license before
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| distributing the Program.
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| d) Each Contributor represents that to its knowledge it has sufficient copyright
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| rights in its Contribution, if any, to grant the copyright license set forth
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| in this Agreement.
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| e) Notwithstanding the terms of any Secondary License, no Contributor makes
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| additional grants to any Recipient (other than those set forth in this Agreement)
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| as a result of such Recipient's receipt of the Program under the terms of
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| a Secondary License (if permitted under the terms of Section 3).
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| 3. REQUIREMENTS
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| 3.1 If a Contributor Distributes the Program in any form, then:
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| 
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| a) the Program must also be made available as Source Code, in accordance with
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| section 3.2, and the Contributor must accompany the Program with a statement
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| that the Source Code for the Program is available under this Agreement, and
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| informs Recipients how to obtain it in a reasonable manner on or through a
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| medium customarily used for software exchange; and
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| b) the Contributor may Distribute the Program under a license different than
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| this Agreement, provided that such license:
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| i) effectively disclaims on behalf of all other Contributors all warranties
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| and conditions, express and implied, including warranties or conditions of
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| title and non-infringement, and implied warranties or conditions of merchantability
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| and fitness for a particular purpose;
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| ii) effectively excludes on behalf of all other Contributors all liability
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| for damages, including direct, indirect, special, incidental and consequential
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| damages, such as lost profits;
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| iii) does not attempt to limit or alter the recipients' rights in the Source
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| Code under section 3.2; and
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| iv) requires any subsequent distribution of the Program by any party to be
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| under a license that satisfies the requirements of this section 3.
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| 3.2 When the Program is Distributed as Source Code:
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| 
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| a) it must be made available under this Agreement, or if the Program (i) is
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| combined with other material in a separate file or files made available under
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| a Secondary License, and (ii) the initial Contributor attached to the Source
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| Code the notice described in Exhibit A of this Agreement, then the Program
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| may be made available under the terms of such Secondary Licenses, and
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| b) a copy of this Agreement must be included with each copy of the Program.
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| 3.3 Contributors may not remove or alter any copyright, patent, trademark,
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| attribution notices, disclaimers of warranty, or limitations of liability
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| (‘notices’) contained within the Program from any copy of the Program which
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| they Distribute, provided that Contributors may add their own appropriate
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| notices.
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| 
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| 4. COMMERCIAL DISTRIBUTION
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| Commercial distributors of software may accept certain responsibilities with
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| respect to end users, business partners and the like. While this license is
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| intended to facilitate the commercial use of the Program, the Contributor
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| who includes the Program in a commercial product offering should do so in
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| a manner which does not create potential liability for other Contributors.
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| Therefore, if a Contributor includes the Program in a commercial product offering,
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| such Contributor (“Commercial Contributor”) hereby agrees to defend and indemnify
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| every other Contributor (“Indemnified Contributor”) against any losses, damages
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| and costs (collectively “Losses”) arising from claims, lawsuits and other
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| legal actions brought by a third party against the Indemnified Contributor
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| to the extent caused by the acts or omissions of such Commercial Contributor
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| in connection with its distribution of the Program in a commercial product
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| offering. The obligations in this section do not apply to any claims or Losses
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| relating to any actual or alleged intellectual property infringement. In order
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| to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
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| Contributor in writing of such claim, and b) allow the Commercial Contributor
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| to control, and cooperate with the Commercial Contributor in, the defense
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| and any related settlement negotiations. The Indemnified Contributor may participate
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| in any such claim at its own expense.
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| 
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| For example, a Contributor might include the Program in a commercial product
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| offering, Product X. That Contributor is then a Commercial Contributor. If
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| that Commercial Contributor then makes performance claims, or offers warranties
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| related to Product X, those performance claims and warranties are such Commercial
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| Contributor's responsibility alone. Under this section, the Commercial Contributor
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| would have to defend claims against the other Contributors related to those
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| performance claims and warranties, and if a court requires any other Contributor
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| to pay any damages as a result, the Commercial Contributor must pay those
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| damages.
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| 
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| 5. NO WARRANTY
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| EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED
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| BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES
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| OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
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| ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR
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| FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for
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| determining the appropriateness of using and distributing the Program and
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| assumes all risks associated with its exercise of rights under this Agreement,
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| including but not limited to the risks and costs of program errors, compliance
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| with applicable laws, damage to or loss of data, programs or equipment, and
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| unavailability or interruption of operations.
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| 
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| 6. DISCLAIMER OF LIABILITY
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| EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED
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| BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY
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| FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
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| DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
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| ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
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| NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION
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| OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED
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| OF THE POSSIBILITY OF SUCH DAMAGES.
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| 
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| 7. GENERAL
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| If any provision of this Agreement is invalid or unenforceable under applicable
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| law, it shall not affect the validity or enforceability of the remainder of
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| the terms of this Agreement, and without further action by the parties hereto,
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| such provision shall be reformed to the minimum extent necessary to make such
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| provision valid and enforceable.
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| 
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| If Recipient institutes patent litigation against any entity (including a
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| cross-claim or counterclaim in a lawsuit) alleging that the Program itself
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| (excluding combinations of the Program with other software or hardware) infringes
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| such Recipient's patent(s), then such Recipient's rights granted under Section
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| 2(b) shall terminate as of the date such litigation is filed.
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| 
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| All Recipient's rights under this Agreement shall terminate if it fails to
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| comply with any of the material terms or conditions of this Agreement and
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| does not cure such failure in a reasonable period of time after becoming aware
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| of such noncompliance. If all Recipient's rights under this Agreement terminate,
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| Recipient agrees to cease use and distribution of the Program as soon as reasonably
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| practicable. However, Recipient's obligations under this Agreement and any
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| licenses granted by Recipient relating to the Program shall continue and survive.
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| 
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| Everyone is permitted to copy and distribute copies of this Agreement, but
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| in order to avoid inconsistency the Agreement is copyrighted and may only
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| be modified in the following manner. The Agreement Steward reserves the right
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| to publish new versions (including revisions) of this Agreement from time
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| to time. No one other than the Agreement Steward has the right to modify this
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| Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse
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| Foundation may assign the responsibility to serve as the Agreement Steward
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| to a suitable separate entity. Each new version of the Agreement will be given
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| a distinguishing version number. The Program (including Contributions) may
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| always be Distributed subject to the version of the Agreement under which
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| it was received. In addition, after a new version of the Agreement is published,
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| Contributor may elect to Distribute the Program (including its Contributions)
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| under the new version.
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| 
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| Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives
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| no rights or licenses to the intellectual property of any Contributor under
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| this Agreement, whether expressly, by implication, estoppel or otherwise.
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| All rights in the Program not expressly granted under this Agreement are reserved.
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| Nothing in this Agreement is intended to be enforceable by any entity that
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| is not a Contributor or Recipient. No third-party beneficiary rights are created
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| under this Agreement.
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| 
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| Exhibit A – Form of Secondary Licenses Notice
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| “This Source Code may also be made available under the following Secondary
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| Licenses when the conditions for such availability set forth in the Eclipse
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| Public License, v. 2.0 are satisfied: {name license(s), version(s), and exceptions
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| or additional permissions here}.”
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| 
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| Simply including a copy of this Agreement, including this Exhibit A is not
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| sufficient to license the Source Code under Secondary Licenses.
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| 
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| If it is not possible or desirable to put the notice in a particular file,
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| then You may include the notice in a location (such as a LICENSE file in a
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| relevant directory) where a recipient would be likely to look for such a notice.
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| 
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| You may add additional accurate notices of copyright ownership.
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