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add license

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commit 7d4133f28922e63d0932e9cff62230e2ab27d936 1 parent 02a4c3f
Justin Balthrop authored June 29, 2010

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  1. 227  LICENSE
227  LICENSE
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+Eclipse Public License - v 1.0
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+
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+THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
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+PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
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+THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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+
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+1. DEFINITIONS
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+
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+"Contribution" means:
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+
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+a) in the case of the initial Contributor, the initial code and
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+documentation distributed under this Agreement, and
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+
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+b) in the case of each subsequent Contributor:
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+
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+i) changes to the Program, and
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+
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+ii) additions to the Program;
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+
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+where such changes and/or additions to the Program originate from and
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+are distributed by that particular Contributor. A Contribution
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+'originates' from a Contributor if it was added to the Program by such
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+Contributor itself or anyone acting on such Contributor's
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+behalf. Contributions do not include additions to the Program which:
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+(i) are separate modules of software distributed in conjunction with
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+the Program under their own license agreement, and (ii) are not
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+derivative works of the Program.
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+
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+"Contributor" means any person or entity that distributes the Program.
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+
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+"Licensed Patents" mean patent claims licensable by a Contributor
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+which are necessarily infringed by the use or sale of its Contribution
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+alone or when combined with the Program.
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+
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+"Program" means the Contributions distributed in accordance with this
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+Agreement.
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+
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+"Recipient" means anyone who receives the Program under this
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+Agreement, including all Contributors.
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+
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+2. GRANT OF RIGHTS
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+
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+a) Subject to the terms of this Agreement, each Contributor hereby
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+grants Recipient a non-exclusive, worldwide, royalty-free copyright
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+license to reproduce, prepare derivative works of, publicly display,
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+publicly perform, distribute and sublicense the Contribution of such
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+Contributor, if any, and such derivative works, in source code and
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+object code form.
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+
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+b) Subject to the terms of this Agreement, each Contributor hereby
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+grants Recipient a non-exclusive, worldwide, royalty-free patent
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+license under Licensed Patents to make, use, sell, offer to sell,
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+import and otherwise transfer the Contribution of such Contributor, if
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+any, in source code and object code form.  This patent license shall
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+apply to the combination of the Contribution and the Program if, at
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+the time the Contribution is added by the Contributor, such addition
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+of the Contribution causes such combination to be covered by the
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+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.
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+
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+c) Recipient understands that although each Contributor grants the
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+licenses to its Contributions set forth herein, no assurances are
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+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
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+to 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
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+Recipient to distribute the Program, it is Recipient's responsibility
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+to acquire that license before distributing the Program.
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+
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+d) Each Contributor represents that to its knowledge it has sufficient
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+copyright rights in its Contribution, if any, to grant the copyright
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+license set forth in this Agreement.
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+
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+3. REQUIREMENTS
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+
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+A Contributor may choose to distribute the Program in object code form
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+under its own license agreement, provided that:
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+
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+a) it complies with the terms and conditions of this Agreement; and
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+
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+b) its license agreement:
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+
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+i) effectively disclaims on behalf of all Contributors all warranties
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+and conditions, express and implied, including warranties or
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+conditions of title and non-infringement, and implied warranties or
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+conditions of merchantability and fitness for a particular purpose;
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+
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+ii) effectively excludes on behalf of all Contributors all liability
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+for damages, including direct, indirect, special, incidental and
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+consequential damages, such as lost profits;
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+
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+iii) states that any provisions which differ from this Agreement are
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+offered by that Contributor alone and not by any other party; and
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+
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+iv) states that source code for the Program is available from such
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+Contributor, and informs licensees how to obtain it in a reasonable
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+manner on or through a medium customarily used for software exchange.
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+
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+When the Program is made available in source code form:
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+
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+a) it must be made available under this Agreement; and
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+
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+b) a copy of this Agreement must be included with each copy of the Program.
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+
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+Contributors may not remove or alter any copyright notices contained
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+within the Program.
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+
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+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.
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+
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+4. COMMERCIAL DISTRIBUTION
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+
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+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
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+of the Program, the Contributor who includes the Program in a
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+commercial product offering should do so in a manner which does not
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+create potential liability for other Contributors. Therefore, if a
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+Contributor includes the Program in a commercial product offering,
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+such Contributor ("Commercial Contributor") hereby agrees to defend
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+and indemnify every other Contributor ("Indemnified Contributor")
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+against any losses, damages and costs (collectively "Losses") arising
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+from claims, lawsuits and other legal actions brought by a third party
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+against the Indemnified Contributor to the extent caused by the acts
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+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
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+infringement. In order to qualify, an Indemnified Contributor must: a)
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+promptly notify the Commercial Contributor in writing of such claim,
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+and b) allow the Commercial Contributor tocontrol, and cooperate with
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+the Commercial Contributor in, the defense and any related settlement
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+negotiations. The Indemnified Contributor may participate in any such
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+claim at its own expense.
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+
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+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.
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+
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+5. NO WARRANTY
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+
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+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 OF ANY
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+KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
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+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
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+laws, damage to or loss of data, programs or equipment, and
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+unavailability or interruption of operations.
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+
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+6. DISCLAIMER OF LIABILITY
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+
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+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
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+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.
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+
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+7. GENERAL
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+
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+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
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+action by the parties hereto, such provision shall be reformed to the
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+minimum extent necessary to make such provision valid and enforceable.
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+
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+If Recipient institutes patent litigation against any entity
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+(including a cross-claim or counterclaim in a lawsuit) alleging that
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+the 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
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+the date such litigation is filed.
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+
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+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
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+time after becoming aware of such noncompliance. If all Recipient's
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+rights under this Agreement terminate, Recipient agrees to cease use
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+and distribution of the Program as soon as reasonably
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+practicable. However, Recipient's obligations under this Agreement and
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+any licenses granted by Recipient relating to the Program shall
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+continue and survive.
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+
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+Everyone is permitted to copy and distribute copies of this Agreement,
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+but in order to avoid inconsistency the Agreement is copyrighted and
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+may only be modified in the following manner. The Agreement Steward
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+reserves the right to publish new versions (including revisions) of
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+this Agreement from time to time. No one other than the Agreement
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+Steward has the right to modify this Agreement. The Eclipse Foundation
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+is the initial Agreement Steward. The Eclipse Foundation may assign
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+the responsibility to serve as the Agreement Steward to a suitable
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+separate entity. Each new version of the Agreement will be given a
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+distinguishing version number. The Program (including Contributions)
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+may always be distributed subject to the version of the Agreement
  214
+under which it was received. In addition, after a new version of the
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+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
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+no rights or licenses to the intellectual property of any Contributor
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+under 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.
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+
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+This Agreement is governed by the laws of the State of Washington and
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+the intellectual property laws of the United States of America. No
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+party to this Agreement will bring a legal action under this Agreement
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+more than one year after the cause of action arose. Each party waives
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+its rights to a jury trial in any resulting litigation.

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