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