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- <h2>Eclipse Public License - v 1.0</h2>
- <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>
- <p><b>1. DEFINITIONS</b></p>
- <p>"Contribution" means:</p>
- <p class="list">a) in the case of the initial Contributor, the initial
- code and documentation distributed under this Agreement, and</p>
- <p class="list">b) in the case of each subsequent Contributor:</p>
- <p class="list">i) changes to the Program, and</p>
- <p class="list">ii) additions to the Program;</p>
- <p class="list">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.</p>
- <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, including all Contributors.</p>
- <p><b>2. GRANT OF RIGHTS</b></p>
- <p class="list">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.</p>
- <p class="list">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.</p>
- <p class="list">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.</p>
- <p class="list">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.</p>
- <p><b>3. REQUIREMENTS</b></p>
- <p>A Contributor may choose to distribute the Program in object code
- form under its own license agreement, provided that:</p>
- <p class="list">a) it complies with the terms and conditions of this
- Agreement; and</p>
- <p class="list">b) its license agreement:</p>
- <p class="list">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;</p>
- <p class="list">ii) effectively excludes on behalf of all Contributors
- all liability for damages, including direct, indirect, special,
- incidental and consequential damages, such as lost profits;</p>
- <p class="list">iii) states that any provisions which differ from this
- Agreement are offered by that Contributor alone and not by any other
- party; and</p>
- <p class="list">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.</p>
- <p>When the Program is made available in source code form:</p>
- <p class="list">a) it must be made available under this Agreement; and</p>
- <p class="list">b) a copy of this Agreement must be included with each
- copy of the Program.</p>
- <p>Contributors may not remove or alter any copyright notices contained
- within the Program.</p>
- <p>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.</p>
- <p><b>4. COMMERCIAL DISTRIBUTION</b></p>
- <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>
- <p><b>5. NO WARRANTY</b></p>
- <p>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.</p>
- <p><b>6. DISCLAIMER OF LIABILITY</b></p>
- <p>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.</p>
- <p><b>7. GENERAL</b></p>
- <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. 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.</p>
- <p>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.</p>
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