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+ < head >
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+ < meta http-equiv ="Content-Type " content ="text/html; charset=ISO-8859-1 " />
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+ < title > Eclipse Public License - Version 1.0</ title >
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+ </ style >
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+ </ head >
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+
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+ < body lang ="EN-US ">
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+
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+ < h2 > Eclipse Public License - v 1.0</ h2 >
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+
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+ < p > THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
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+ PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
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+ DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
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+ AGREEMENT.</ p >
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+
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+ < p > < b > 1. DEFINITIONS</ b > </ p >
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+
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+ < p > "Contribution" means:</ p >
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+
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+ < p class ="list "> a) in the case of the initial Contributor, the initial
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+ code and documentation distributed under this Agreement, and</ p >
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+ < p class ="list "> b) in the case of each subsequent Contributor:</ p >
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+ < p class ="list "> i) changes to the Program, and</ p >
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+ < p class ="list "> ii) additions to the Program;</ p >
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+ < p class ="list "> where such changes and/or additions to the Program
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+ originate from and are distributed by that particular Contributor. A
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+ Contribution 'originates' from a Contributor if it was added to the
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+ Program by such Contributor itself or anyone acting on such
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+ Contributor's behalf. Contributions do not include additions to the
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+ Program which: (i) are separate modules of software distributed in
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+ conjunction with the Program under their own license agreement, and (ii)
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+ are not derivative works of the Program.</ p >
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+
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+ < p > "Contributor" means any person or entity that distributes
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+ the Program.</ p >
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+
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+ < p > "Licensed Patents" mean patent claims licensable by a
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+ Contributor which are necessarily infringed by the use or sale of its
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+ Contribution alone or when combined with the Program.</ p >
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+
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+ < p > "Program" means the Contributions distributed in accordance
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+ with this Agreement.</ p >
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+
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+ < p > "Recipient" means anyone who receives the Program under
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+ this Agreement, including all Contributors.</ p >
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+
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+ < p > < b > 2. GRANT OF RIGHTS</ b > </ p >
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+
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+ < p class ="list "> a) Subject to the terms of this Agreement, each
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+ Contributor hereby grants Recipient a non-exclusive, worldwide,
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+ royalty-free copyright license to reproduce, prepare derivative works
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+ of, publicly display, publicly perform, distribute and sublicense the
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+ Contribution of such Contributor, if any, and such derivative works, in
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+ source code and object code form.</ p >
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+
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+ < p class ="list "> b) Subject to the terms of this Agreement, each
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+ Contributor hereby grants Recipient a non-exclusive, worldwide,
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+ royalty-free patent license under Licensed Patents to make, use, sell,
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+ offer to sell, import and otherwise transfer the Contribution of such
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+ Contributor, if any, in source code and object code form. This patent
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+ 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,
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+ such addition of the Contribution causes such combination to be covered
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+ by the Licensed Patents. The patent license shall not apply to any other
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+ combinations which include the Contribution. No hardware per se is
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+ licensed hereunder.</ p >
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+
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+ < p class ="list "> c) Recipient understands that although each Contributor
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+ grants the licenses to its Contributions set forth herein, no assurances
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+ are provided by any Contributor that the Program does not infringe the
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+ patent or other intellectual property rights of any other entity. Each
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+ Contributor disclaims any liability to Recipient for claims brought by
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+ any other entity based on infringement of intellectual property rights
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+ or otherwise. As a condition to exercising the rights and licenses
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+ granted hereunder, each Recipient hereby assumes sole responsibility to
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+ secure any other intellectual property rights needed, if any. For
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+ example, if a third party patent license is required to allow Recipient
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+ to distribute the Program, it is Recipient's responsibility to acquire
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+ that license before distributing the Program.</ p >
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+
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+ < p class ="list "> d) Each Contributor represents that to its knowledge it
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+ has sufficient copyright rights in its Contribution, if any, to grant
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+ the copyright license set forth in this Agreement.</ p >
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+
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+ < p > < b > 3. REQUIREMENTS</ b > </ p >
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+
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+ < p > A Contributor may choose to distribute the Program in object code
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+ form under its own license agreement, provided that:</ p >
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+
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+ < p class ="list "> a) it complies with the terms and conditions of this
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+ Agreement; and</ p >
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+
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+ < p class ="list "> b) its license agreement:</ p >
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+
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+ < p class ="list "> i) effectively disclaims on behalf of all Contributors
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+ all warranties and conditions, express and implied, including warranties
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+ or conditions of title and non-infringement, and implied warranties or
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+ conditions of merchantability and fitness for a particular purpose;</ p >
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+
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+ < p class ="list "> ii) effectively excludes on behalf of all Contributors
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+ all liability for damages, including direct, indirect, special,
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+ incidental and consequential damages, such as lost profits;</ p >
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+
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+ < p class ="list "> iii) states that any provisions which differ from this
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+ Agreement are offered by that Contributor alone and not by any other
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+ party; and</ p >
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+
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+ < p class ="list "> iv) states that source code for the Program is available
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+ from such Contributor, and informs licensees how to obtain it in a
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+ reasonable manner on or through a medium customarily used for software
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+ exchange.</ p >
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+
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+ < p > When the Program is made available in source code form:</ p >
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+
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+ < p class ="list "> a) it must be made available under this Agreement; and</ p >
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+
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+ < p class ="list "> b) a copy of this Agreement must be included with each
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+ copy of the Program.</ p >
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+
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+ < p > Contributors may not remove or alter any copyright notices contained
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+ within the Program.</ p >
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+
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+ < p > Each Contributor must identify itself as the originator of its
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+ Contribution, if any, in a manner that reasonably allows subsequent
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+ Recipients to identify the originator of the Contribution.</ p >
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+
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+ < p > < b > 4. COMMERCIAL DISTRIBUTION</ b > </ p >
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+
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+ < p > Commercial distributors of software may accept certain
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+ responsibilities with respect to end users, business partners and the
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+ like. While this license is intended to facilitate the commercial use of
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+ the Program, the Contributor who includes the Program in a commercial
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+ product offering should do so in a manner which does not create
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+ potential liability for other Contributors. Therefore, if a Contributor
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+ includes the Program in a commercial product offering, such Contributor
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+ ("Commercial Contributor") hereby agrees to defend and
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+ indemnify every other Contributor ("Indemnified Contributor")
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+ against any losses, damages and costs (collectively "Losses")
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+ arising from claims, lawsuits and other legal actions brought by a third
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+ party against the Indemnified Contributor to the extent caused by the
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+ acts or omissions of such Commercial Contributor in connection with its
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+ distribution of the Program in a commercial product offering. The
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+ 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
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+ order to qualify, an Indemnified Contributor must: a) promptly notify
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+ the Commercial Contributor in writing of such claim, and b) allow the
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+ Commercial Contributor to control, and cooperate with the Commercial
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+ Contributor in, the defense and any related settlement negotiations. The
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+ Indemnified Contributor may participate in any such claim at its own
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+ expense.</ p >
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+
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+ < p > For example, a Contributor might include the Program in a commercial
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+ product offering, Product X. That Contributor is then a Commercial
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+ Contributor. If that Commercial Contributor then makes performance
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+ claims, or offers warranties related to Product X, those performance
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+ claims and warranties are such Commercial Contributor's responsibility
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+ alone. Under this section, the Commercial Contributor would have to
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+ defend claims against the other Contributors related to those
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+ performance claims and warranties, and if a court requires any other
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+ Contributor to pay any damages as a result, the Commercial Contributor
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+ must pay those damages.</ p >
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+
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+ < p > < b > 5. NO WARRANTY</ b > </ p >
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+
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+ < p > EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
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+ PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
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+ OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
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+ ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
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+ OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
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+ responsible for determining the appropriateness of using and
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+ distributing the Program and assumes all risks associated with its
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+ exercise of rights under this Agreement , including but not limited to
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+ the risks and costs of program errors, compliance with applicable laws,
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+ damage to or loss of data, programs or equipment, and unavailability or
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+ interruption of operations.</ p >
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+
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+ < p > < b > 6. DISCLAIMER OF LIABILITY</ b > </ p >
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+
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+ < p > EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
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+ NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
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+ INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
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+ WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
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+ 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
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+ DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
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+ HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</ p >
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+
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+ < p > < b > 7. GENERAL</ b > </ p >
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+
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+ < p > If any provision of this Agreement is invalid or unenforceable under
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+ applicable law, it shall not affect the validity or enforceability of
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+ the remainder of the terms of this Agreement, and without further action
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+ by the parties hereto, such provision shall be reformed to the minimum
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+ extent necessary to make such provision valid and enforceable.</ p >
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+
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+ < p > If Recipient institutes patent litigation against any entity
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+ (including a cross-claim or counterclaim in a lawsuit) alleging that the
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+ Program itself (excluding combinations of the Program with other
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+ software or hardware) infringes such Recipient's patent(s), then such
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+ Recipient's rights granted under Section 2(b) shall terminate as of the
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+ date such litigation is filed.</ p >
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+
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+ < p > All Recipient's rights under this Agreement shall terminate if it
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+ fails to comply with any of the material terms or conditions of this
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+ Agreement and does not cure such failure in a reasonable period of time
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+ after becoming aware of such noncompliance. If all Recipient's rights
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+ under this Agreement terminate, Recipient agrees to cease use and
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+ distribution of the Program as soon as reasonably practicable. However,
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+ Recipient's obligations under this Agreement and any licenses granted by
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+ Recipient relating to the Program shall continue and survive.</ p >
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+
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+ < p > Everyone is permitted to copy and distribute copies of this
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+ Agreement, but in order to avoid inconsistency the Agreement is
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+ copyrighted and may only be modified in the following manner. The
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+ Agreement Steward reserves the right to publish new versions (including
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+ revisions) of this Agreement from time to time. No one other than the
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+ Agreement Steward has the right to modify this Agreement. The Eclipse
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+ Foundation is the initial Agreement Steward. The Eclipse Foundation may
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+ assign the responsibility to serve as the Agreement Steward to a
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+ suitable separate entity. Each new version of the Agreement will be
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+ given a distinguishing version number. The Program (including
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+ Contributions) may always be distributed subject to the version of the
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+ Agreement under which it was received. In addition, after a new version
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+ of the Agreement is published, Contributor may elect to distribute the
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+ Program (including its Contributions) under the new version. Except as
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+ expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
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+ rights or licenses to the intellectual property of any Contributor under
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+ this Agreement, whether expressly, by implication, estoppel or
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+ otherwise. All rights in the Program not expressly granted under this
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+ Agreement are reserved.</ p >
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+
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+ < p > This Agreement is governed by the laws of the State of New York and
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+ the intellectual property laws of the United States of America. No party
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+ to this Agreement will bring a legal action under this Agreement more
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+ than one year after the cause of action arose. Each party waives its
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+ rights to a jury trial in any resulting litigation.</ p >
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+
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+ </ body >
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+ </ html >
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