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7 <title>Eclipse Public License - Version 1.0</title>
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28 <body lang="EN-US">
29
30 <h2>Eclipse Public License - v 1.0</h2>
31
32 <p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
33 PUBLIC LICENSE (&quot;AGREEMENT&quot;). ANY USE, REPRODUCTION OR
34 DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
35 AGREEMENT.</p>
36
37 <p><b>1. DEFINITIONS</b></p>
38
39 <p>&quot;Contribution&quot; means:</p>
40
41 <p class="list">a) in the case of the initial Contributor, the initial
42 code and documentation distributed under this Agreement, and</p>
43 <p class="list">b) in the case of each subsequent Contributor:</p>
44 <p class="list">i) changes to the Program, and</p>
45 <p class="list">ii) additions to the Program;</p>
46 <p class="list">where such changes and/or additions to the Program
47 originate from and are distributed by that particular Contributor. A
48 Contribution 'originates' from a Contributor if it was added to the
49 Program by such Contributor itself or anyone acting on such
50 Contributor's behalf. Contributions do not include additions to the
51 Program which: (i) are separate modules of software distributed in
52 conjunction with the Program under their own license agreement, and (ii)
53 are not derivative works of the Program.</p>
54
55 <p>&quot;Contributor&quot; means any person or entity that distributes
56 the Program.</p>
57
58 <p>&quot;Licensed Patents&quot; mean patent claims licensable by a
59 Contributor which are necessarily infringed by the use or sale of its
60 Contribution alone or when combined with the Program.</p>
61
62 <p>&quot;Program&quot; means the Contributions distributed in accordance
63 with this Agreement.</p>
64
65 <p>&quot;Recipient&quot; means anyone who receives the Program under
66 this Agreement, including all Contributors.</p>
67
68 <p><b>2. GRANT OF RIGHTS</b></p>
69
70 <p class="list">a) Subject to the terms of this Agreement, each
71 Contributor hereby grants Recipient a non-exclusive, worldwide,
72 royalty-free copyright license to reproduce, prepare derivative works
73 of, publicly display, publicly perform, distribute and sublicense the
74 Contribution of such Contributor, if any, and such derivative works, in
75 source code and object code form.</p>
76
77 <p class="list">b) Subject to the terms of this Agreement, each
78 Contributor hereby grants Recipient a non-exclusive, worldwide,
79 royalty-free patent license under Licensed Patents to make, use, sell,
80 offer to sell, import and otherwise transfer the Contribution of such
81 Contributor, if any, in source code and object code form. This patent
82 license shall apply to the combination of the Contribution and the
83 Program if, at the time the Contribution is added by the Contributor,
84 such addition of the Contribution causes such combination to be covered
85 by the Licensed Patents. The patent license shall not apply to any other
86 combinations which include the Contribution. No hardware per se is
87 licensed hereunder.</p>
88
89 <p class="list">c) Recipient understands that although each Contributor
90 grants the licenses to its Contributions set forth herein, no assurances
91 are provided by any Contributor that the Program does not infringe the
92 patent or other intellectual property rights of any other entity. Each
93 Contributor disclaims any liability to Recipient for claims brought by
94 any other entity based on infringement of intellectual property rights
95 or otherwise. As a condition to exercising the rights and licenses
96 granted hereunder, each Recipient hereby assumes sole responsibility to
97 secure any other intellectual property rights needed, if any. For
98 example, if a third party patent license is required to allow Recipient
99 to distribute the Program, it is Recipient's responsibility to acquire
100 that license before distributing the Program.</p>
101
102 <p class="list">d) Each Contributor represents that to its knowledge it
103 has sufficient copyright rights in its Contribution, if any, to grant
104 the copyright license set forth in this Agreement.</p>
105
106 <p><b>3. REQUIREMENTS</b></p>
107
108 <p>A Contributor may choose to distribute the Program in object code
109 form under its own license agreement, provided that:</p>
110
111 <p class="list">a) it complies with the terms and conditions of this
112 Agreement; and</p>
113
114 <p class="list">b) its license agreement:</p>
115
116 <p class="list">i) effectively disclaims on behalf of all Contributors
117 all warranties and conditions, express and implied, including warranties
118 or conditions of title and non-infringement, and implied warranties or
119 conditions of merchantability and fitness for a particular purpose;</p>
120
121 <p class="list">ii) effectively excludes on behalf of all Contributors
122 all liability for damages, including direct, indirect, special,
123 incidental and consequential damages, such as lost profits;</p>
124
125 <p class="list">iii) states that any provisions which differ from this
126 Agreement are offered by that Contributor alone and not by any other
127 party; and</p>
128
129 <p class="list">iv) states that source code for the Program is available
130 from such Contributor, and informs licensees how to obtain it in a
131 reasonable manner on or through a medium customarily used for software
132 exchange.</p>
133
134 <p>When the Program is made available in source code form:</p>
135
136 <p class="list">a) it must be made available under this Agreement; and</p>
137
138 <p class="list">b) a copy of this Agreement must be included with each
139 copy of the Program.</p>
140
141 <p>Contributors may not remove or alter any copyright notices contained
142 within the Program.</p>
143
144 <p>Each Contributor must identify itself as the originator of its
145 Contribution, if any, in a manner that reasonably allows subsequent
146 Recipients to identify the originator of the Contribution.</p>
147
148 <p><b>4. COMMERCIAL DISTRIBUTION</b></p>
149
150 <p>Commercial distributors of software may accept certain
151 responsibilities with respect to end users, business partners and the
152 like. While this license is intended to facilitate the commercial use of
153 the Program, the Contributor who includes the Program in a commercial
154 product offering should do so in a manner which does not create
155 potential liability for other Contributors. Therefore, if a Contributor
156 includes the Program in a commercial product offering, such Contributor
157 (&quot;Commercial Contributor&quot;) hereby agrees to defend and
158 indemnify every other Contributor (&quot;Indemnified Contributor&quot;)
159 against any losses, damages and costs (collectively &quot;Losses&quot;)
160 arising from claims, lawsuits and other legal actions brought by a third
161 party against the Indemnified Contributor to the extent caused by the
162 acts or omissions of such Commercial Contributor in connection with its
163 distribution of the Program in a commercial product offering. The
164 obligations in this section do not apply to any claims or Losses
165 relating to any actual or alleged intellectual property infringement. In
166 order to qualify, an Indemnified Contributor must: a) promptly notify
167 the Commercial Contributor in writing of such claim, and b) allow the
168 Commercial Contributor to control, and cooperate with the Commercial
169 Contributor in, the defense and any related settlement negotiations. The
170 Indemnified Contributor may participate in any such claim at its own
171 expense.</p>
172
173 <p>For example, a Contributor might include the Program in a commercial
174 product offering, Product X. That Contributor is then a Commercial
175 Contributor. If that Commercial Contributor then makes performance
176 claims, or offers warranties related to Product X, those performance
177 claims and warranties are such Commercial Contributor's responsibility
178 alone. Under this section, the Commercial Contributor would have to
179 defend claims against the other Contributors related to those
180 performance claims and warranties, and if a court requires any other
181 Contributor to pay any damages as a result, the Commercial Contributor
182 must pay those damages.</p>
183
184 <p><b>5. NO WARRANTY</b></p>
185
186 <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
187 PROVIDED ON AN &quot;AS IS&quot; BASIS, WITHOUT WARRANTIES OR CONDITIONS
188 OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
189 ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
190 OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
191 responsible for determining the appropriateness of using and
192 distributing the Program and assumes all risks associated with its
193 exercise of rights under this Agreement , including but not limited to
194 the risks and costs of program errors, compliance with applicable laws,
195 damage to or loss of data, programs or equipment, and unavailability or
196 interruption of operations.</p>
197
198 <p><b>6. DISCLAIMER OF LIABILITY</b></p>
199
200 <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
201 NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
202 INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
203 WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
204 LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
205 NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
206 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
207 HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
208
209 <p><b>7. GENERAL</b></p>
210
211 <p>If any provision of this Agreement is invalid or unenforceable under
212 applicable law, it shall not affect the validity or enforceability of
213 the remainder of the terms of this Agreement, and without further action
214 by the parties hereto, such provision shall be reformed to the minimum
215 extent necessary to make such provision valid and enforceable.</p>
216
217 <p>If Recipient institutes patent litigation against any entity
218 (including a cross-claim or counterclaim in a lawsuit) alleging that the
219 Program itself (excluding combinations of the Program with other
220 software or hardware) infringes such Recipient's patent(s), then such
221 Recipient's rights granted under Section 2(b) shall terminate as of the
222 date such litigation is filed.</p>
223
224 <p>All Recipient's rights under this Agreement shall terminate if it
225 fails to comply with any of the material terms or conditions of this
226 Agreement and does not cure such failure in a reasonable period of time
227 after becoming aware of such noncompliance. If all Recipient's rights
228 under this Agreement terminate, Recipient agrees to cease use and
229 distribution of the Program as soon as reasonably practicable. However,
230 Recipient's obligations under this Agreement and any licenses granted by
231 Recipient relating to the Program shall continue and survive.</p>
232
233 <p>Everyone is permitted to copy and distribute copies of this
234 Agreement, but in order to avoid inconsistency the Agreement is
235 copyrighted and may only be modified in the following manner. The
236 Agreement Steward reserves the right to publish new versions (including
237 revisions) of this Agreement from time to time. No one other than the
238 Agreement Steward has the right to modify this Agreement. The Eclipse
239 Foundation is the initial Agreement Steward. The Eclipse Foundation may
240 assign the responsibility to serve as the Agreement Steward to a
241 suitable separate entity. Each new version of the Agreement will be
242 given a distinguishing version number. The Program (including
243 Contributions) may always be distributed subject to the version of the
244 Agreement under which it was received. In addition, after a new version
245 of the Agreement is published, Contributor may elect to distribute the
246 Program (including its Contributions) under the new version. Except as
247 expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
248 rights or licenses to the intellectual property of any Contributor under
249 this Agreement, whether expressly, by implication, estoppel or
250 otherwise. All rights in the Program not expressly granted under this
251 Agreement are reserved.</p>
252
253 <p>This Agreement is governed by the laws of the State of New York and
254 the intellectual property laws of the United States of America. No party
255 to this Agreement will bring a legal action under this Agreement more
256 than one year after the cause of action arose. Each party waives its
257 rights to a jury trial in any resulting litigation.</p>
258
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