[13] | 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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