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