1 | *Eclipse Public License - v 1.0*
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2 |
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3 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
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4 | PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
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5 | THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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6 |
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7 | *1. DEFINITIONS*
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8 |
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9 | "Contribution" means:
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10 |
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11 | a) in the case of the initial Contributor, the initial code and
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12 | documentation distributed under this Agreement, and
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13 | b) in the case of each subsequent Contributor:
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14 |
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15 | i) changes to the Program, and
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16 |
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17 | ii) additions to the Program;
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18 |
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19 | where such changes and/or additions to the Program originate from and
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20 | are distributed by that particular Contributor. A Contribution
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21 | 'originates' from a Contributor if it was added to the Program by such
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22 | Contributor itself or anyone acting on such Contributor's behalf.
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23 | Contributions do not include additions to the Program which: (i) are
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24 | separate modules of software distributed in conjunction with the Program
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25 | under their own license agreement, and (ii) are not derivative works of
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26 | the Program.
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27 |
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28 | "Contributor" means any person or entity that distributes the Program.
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29 |
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30 | "Licensed Patents " mean patent claims licensable by a Contributor which
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31 | are necessarily infringed by the use or sale of its Contribution alone
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32 | or when combined with the Program.
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33 |
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34 | "Program" means the Contributions distributed in accordance with this
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35 | Agreement.
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36 |
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37 | "Recipient" means anyone who receives the Program under this Agreement,
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38 | including all Contributors.
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39 |
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40 | *2. GRANT OF RIGHTS*
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41 |
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42 | a) Subject to the terms of this Agreement, each Contributor hereby
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43 | grants Recipient a non-exclusive, worldwide, royalty-free copyright
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44 | license to reproduce, prepare derivative works of, publicly display,
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45 | publicly perform, distribute and sublicense the Contribution of such
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46 | Contributor, if any, and such derivative works, in source code and
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47 | object code form.
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48 |
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49 | b) Subject to the terms of this Agreement, each Contributor hereby
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50 | grants Recipient a non-exclusive, worldwide, royalty-free patent license
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51 | under Licensed Patents to make, use, sell, offer to sell, import and
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52 | otherwise transfer the Contribution of such Contributor, if any, in
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53 | source code and object code form. This patent license shall apply to the
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54 | combination of the Contribution and the Program if, at the time the
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55 | Contribution is added by the Contributor, such addition of the
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56 | Contribution causes such combination to be covered by the Licensed
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57 | Patents. The patent license shall not apply to any other combinations
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58 | which include the Contribution. No hardware per se is licensed hereunder.
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59 |
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60 | c) Recipient understands that although each Contributor grants the
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61 | licenses to its Contributions set forth herein, no assurances are
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62 | provided by any Contributor that the Program does not infringe the
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63 | patent or other intellectual property rights of any other entity. Each
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64 | Contributor disclaims any liability to Recipient for claims brought by
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65 | any other entity based on infringement of intellectual property rights
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66 | or otherwise. As a condition to exercising the rights and licenses
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67 | granted hereunder, each Recipient hereby assumes sole responsibility to
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68 | secure any other intellectual property rights needed, if any. For
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69 | example, if a third party patent license is required to allow Recipient
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70 | to distribute the Program, it is Recipient's responsibility to acquire
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71 | that license before distributing the Program.
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72 |
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73 | d) Each Contributor represents that to its knowledge it has sufficient
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74 | copyright rights in its Contribution, if any, to grant the copyright
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75 | license set forth in this Agreement.
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76 |
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77 | *3. REQUIREMENTS*
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78 |
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79 | A Contributor may choose to distribute the Program in object code form
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80 | under its own license agreement, provided that:
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81 |
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82 | a) it complies with the terms and conditions of this Agreement; and
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83 |
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84 | b) its license agreement:
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85 |
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86 | i) effectively disclaims on behalf of all Contributors all warranties
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87 | and conditions, express and implied, including warranties or conditions
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88 | of title and non-infringement, and implied warranties or conditions of
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89 | merchantability and fitness for a particular purpose;
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90 |
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91 | ii) effectively excludes on behalf of all Contributors all liability for
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92 | damages, including direct, indirect, special, incidental and
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93 | consequential damages, such as lost profits;
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94 |
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95 | iii) states that any provisions which differ from this Agreement are
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96 | offered by that Contributor alone and not by any other party; and
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97 |
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98 | iv) states that source code for the Program is available from such
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99 | Contributor, and informs licensees how to obtain it in a reasonable
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100 | manner on or through a medium customarily used for software exchange.
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101 |
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102 | When the Program is made available in source code form:
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103 |
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104 | a) it must be made available under this Agreement; and
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105 |
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106 | b) a copy of this Agreement must be included with each copy of the Program.
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107 |
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108 | Contributors may not remove or alter any copyright notices contained
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109 | within the Program.
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110 |
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111 | Each Contributor must identify itself as the originator of its
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112 | Contribution, if any, in a manner that reasonably allows subsequent
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113 | Recipients to identify the originator of the Contribution.
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114 |
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115 | *4. COMMERCIAL DISTRIBUTION*
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116 |
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117 | Commercial distributors of software may accept certain responsibilities
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118 | with respect to end users, business partners and the like. While this
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119 | license is intended to facilitate the commercial use of the Program, the
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120 | Contributor who includes the Program in a commercial product offering
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121 | should do so in a manner which does not create potential liability for
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122 | other Contributors. Therefore, if a Contributor includes the Program in
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123 | a commercial product offering, such Contributor ("Commercial
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124 | Contributor") hereby agrees to defend and indemnify every other
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125 | Contributor ("Indemnified Contributor") against any losses, damages and
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126 | costs (collectively "Losses") arising from claims, lawsuits and other
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127 | legal actions brought by a third party against the Indemnified
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128 | Contributor to the extent caused by the acts or omissions of such
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129 | Commercial Contributor in connection with its distribution of the
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130 | Program in a commercial product offering. The obligations in this
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131 | section do not apply to any claims or Losses relating to any actual or
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132 | alleged intellectual property infringement. In order to qualify, an
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133 | Indemnified Contributor must: a) promptly notify the Commercial
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134 | Contributor in writing of such claim, and b) allow the Commercial
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135 | Contributor to control, and cooperate with the Commercial Contributor
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136 | in, the defense and any related settlement negotiations. The Indemnified
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137 | Contributor may participate in any such claim at its own expense.
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138 |
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139 | For example, a Contributor might include the Program in a commercial
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140 | product offering, Product X. That Contributor is then a Commercial
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141 | Contributor. If that Commercial Contributor then makes performance
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142 | claims, or offers warranties related to Product X, those performance
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143 | claims and warranties are such Commercial Contributor's responsibility
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144 | alone. Under this section, the Commercial Contributor would have to
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145 | defend claims against the other Contributors related to those
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146 | performance claims and warranties, and if a court requires any other
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147 | Contributor to pay any damages as a result, the Commercial Contributor
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148 | must pay those damages.
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149 |
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150 | *5. NO WARRANTY*
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151 |
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152 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
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153 | ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
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154 | EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
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155 | OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
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156 | A PARTICULAR PURPOSE. Each Recipient is solely responsible for
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157 | determining the appropriateness of using and distributing the Program
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158 | and assumes all risks associated with its exercise of rights under this
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159 | Agreement , including but not limited to the risks and costs of program
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160 | errors, compliance with applicable laws, damage to or loss of data,
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161 | programs or equipment, and unavailability or interruption of operations.
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162 |
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163 | *6. DISCLAIMER OF LIABILITY*
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164 |
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165 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
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166 | ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
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167 | INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
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168 | WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
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169 | LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
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170 | NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
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171 | DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
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172 | HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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173 |
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174 | *7. GENERAL*
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175 |
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176 | If any provision of this Agreement is invalid or unenforceable under
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177 | applicable law, it shall not affect the validity or enforceability of
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178 | the remainder of the terms of this Agreement, and without further action
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179 | by the parties hereto, such provision shall be reformed to the minimum
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180 | extent necessary to make such provision valid and enforceable.
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181 |
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182 | If Recipient institutes patent litigation against any entity (including
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183 | a cross-claim or counterclaim in a lawsuit) alleging that the Program
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184 | itself (excluding combinations of the Program with other software or
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185 | hardware) infringes such Recipient's patent(s), then such Recipient's
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186 | rights granted under Section 2(b) shall terminate as of the date such
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187 | litigation is filed.
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188 |
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189 | All Recipient's rights under this Agreement shall terminate if it fails
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190 | to comply with any of the material terms or conditions of this Agreement
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191 | and does not cure such failure in a reasonable period of time after
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192 | becoming aware of such noncompliance. If all Recipient's rights under
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193 | this Agreement terminate, Recipient agrees to cease use and distribution
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194 | of the Program as soon as reasonably practicable. However, Recipient's
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195 | obligations under this Agreement and any licenses granted by Recipient
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196 | relating to the Program shall continue and survive.
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197 |
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198 | Everyone is permitted to copy and distribute copies of this Agreement,
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199 | but in order to avoid inconsistency the Agreement is copyrighted and may
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200 | only be modified in the following manner. The Agreement Steward reserves
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201 | the right to publish new versions (including revisions) of this
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202 | Agreement from time to time. No one other than the Agreement Steward has
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203 | the right to modify this Agreement. The Eclipse Foundation is the
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204 | initial Agreement Steward. The Eclipse Foundation may assign the
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205 | responsibility to serve as the Agreement Steward to a suitable separate
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206 | entity. Each new version of the Agreement will be given a distinguishing
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207 | version number. The Program (including Contributions) may always be
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208 | distributed subject to the version of the Agreement under which it was
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209 | received. In addition, after a new version of the Agreement is
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210 | published, Contributor may elect to distribute the Program (including
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211 | its Contributions) under the new version. Except as expressly stated in
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212 | Sections 2(a) and 2(b) above, Recipient receives no rights or licenses
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213 | to the intellectual property of any Contributor under this Agreement,
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214 | whether expressly, by implication, estoppel or otherwise. All rights in
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215 | the Program not expressly granted under this Agreement are reserved.
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216 |
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217 | This Agreement is governed by the laws of the State of New York and the
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218 | intellectual property laws of the United States of America. No party to
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219 | this Agreement will bring a legal action under this Agreement more than
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220 | one year after the cause of action arose. Each party waives its rights
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221 | to a jury trial in any resulting litigation.
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222 |
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223 |
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224 |
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