1 | Eclipse Public License - v 2.0
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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
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5 | OF 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 content
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12 | Distributed under this Agreement, and
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13 |
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14 | b) in the case of each subsequent Contributor:
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15 | i) changes to the Program, and
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16 | ii) additions to the Program;
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17 | where such changes and/or additions to the Program originate from
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18 | and are Distributed by that particular Contributor. A Contribution
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19 | "originates" from a Contributor if it was added to the Program by
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20 | such Contributor itself or anyone acting on such Contributor's behalf.
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21 | Contributions do not include changes or additions to the Program that
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22 | are not Modified Works.
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23 |
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24 | "Contributor" means any person or entity that Distributes the Program.
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25 |
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26 | "Licensed Patents" mean patent claims licensable by a Contributor which
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27 | are necessarily infringed by the use or sale of its Contribution alone
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28 | or when combined with the Program.
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29 |
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30 | "Program" means the Contributions Distributed in accordance with this
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31 | Agreement.
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32 |
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33 | "Recipient" means anyone who receives the Program under this Agreement
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34 | or any Secondary License (as applicable), including Contributors.
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35 |
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36 | "Derivative Works" shall mean any work, whether in Source Code or other
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37 | form, that is based on (or derived from) the Program and for which the
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38 | editorial revisions, annotations, elaborations, or other modifications
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39 | represent, as a whole, an original work of authorship.
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40 |
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41 | "Modified Works" shall mean any work in Source Code or other form that
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42 | results from an addition to, deletion from, or modification of the
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43 | contents of the Program, including, for purposes of clarity any new file
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44 | in Source Code form that contains any contents of the Program. Modified
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45 | Works shall not include works that contain only declarations,
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46 | interfaces, types, classes, structures, or files of the Program solely
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47 | in each case in order to link to, bind by name, or subclass the Program
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48 | or Modified Works thereof.
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49 |
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50 | "Distribute" means the acts of a) distributing or b) making available
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51 | in any manner that enables the transfer of a copy.
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52 |
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53 | "Source Code" means the form of a Program preferred for making
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54 | modifications, including but not limited to software source code,
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55 | documentation source, and configuration files.
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56 |
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57 | "Secondary License" means either the GNU General Public License,
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58 | Version 2.0, or any later versions of that license, including any
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59 | exceptions or additional permissions as identified by the initial
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60 | Contributor.
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61 |
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62 | 2. GRANT OF RIGHTS
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63 |
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64 | a) Subject to the terms of this Agreement, each Contributor hereby
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65 | grants Recipient a non-exclusive, worldwide, royalty-free copyright
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66 | license to reproduce, prepare Derivative Works of, publicly display,
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67 | publicly perform, Distribute and sublicense the Contribution of such
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68 | Contributor, if any, and such Derivative Works.
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69 |
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70 | b) Subject to the terms of this Agreement, each Contributor hereby
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71 | grants Recipient a non-exclusive, worldwide, royalty-free patent
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72 | license under Licensed Patents to make, use, sell, offer to sell,
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73 | import and otherwise transfer the Contribution of such Contributor,
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74 | if any, in Source Code or other form. This patent license shall
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75 | apply to the combination of the Contribution and the Program if, at
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76 | the time the Contribution is added by the Contributor, such addition
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77 | of the Contribution causes such combination to be covered by the
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78 | Licensed Patents. The patent license shall not apply to any other
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79 | combinations which include the Contribution. No hardware per se is
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80 | licensed hereunder.
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81 |
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82 | c) Recipient understands that although each Contributor grants the
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83 | licenses to its Contributions set forth herein, no assurances are
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84 | provided by any Contributor that the Program does not infringe the
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85 | patent or other intellectual property rights of any other entity.
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86 | Each Contributor disclaims any liability to Recipient for claims
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87 | brought by any other entity based on infringement of intellectual
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88 | property rights or otherwise. As a condition to exercising the
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89 | rights and licenses granted hereunder, each Recipient hereby
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90 | assumes sole responsibility to secure any other intellectual
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91 | property rights needed, if any. For example, if a third party
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92 | patent license is required to allow Recipient to Distribute the
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93 | Program, it is Recipient's responsibility to acquire that license
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94 | before distributing the Program.
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95 |
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96 | d) Each Contributor represents that to its knowledge it has
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97 | sufficient copyright rights in its Contribution, if any, to grant
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98 | the copyright license set forth in this Agreement.
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99 |
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100 | e) Notwithstanding the terms of any Secondary License, no
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101 | Contributor makes additional grants to any Recipient (other than
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102 | those set forth in this Agreement) as a result of such Recipient's
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103 | receipt of the Program under the terms of a Secondary License
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104 | (if permitted under the terms of Section 3).
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105 |
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106 | 3. REQUIREMENTS
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107 |
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108 | 3.1 If a Contributor Distributes the Program in any form, then:
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109 |
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110 | a) the Program must also be made available as Source Code, in
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111 | accordance with section 3.2, and the Contributor must accompany
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112 | the Program with a statement that the Source Code for the Program
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113 | is available under this Agreement, and informs Recipients how to
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114 | obtain it in a reasonable manner on or through a medium customarily
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115 | used for software exchange; and
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116 |
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117 | b) the Contributor may Distribute the Program under a license
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118 | different than this Agreement, provided that such license:
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119 | i) effectively disclaims on behalf of all other Contributors all
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120 | warranties and conditions, express and implied, including
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121 | warranties or conditions of title and non-infringement, and
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122 | implied warranties or conditions of merchantability and fitness
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123 | for a particular purpose;
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124 |
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125 | ii) effectively excludes on behalf of all other Contributors all
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126 | liability for damages, including direct, indirect, special,
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127 | incidental and consequential damages, such as lost profits;
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128 |
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129 | iii) does not attempt to limit or alter the recipients' rights
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130 | in the Source Code under section 3.2; and
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131 |
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132 | iv) requires any subsequent distribution of the Program by any
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133 | party to be under a license that satisfies the requirements
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134 | of this section 3.
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135 |
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136 | 3.2 When the Program is Distributed as Source Code:
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137 |
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138 | a) it must be made available under this Agreement, or if the
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139 | Program (i) is combined with other material in a separate file or
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140 | files made available under a Secondary License, and (ii) the initial
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141 | Contributor attached to the Source Code the notice described in
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142 | Exhibit A of this Agreement, then the Program may be made available
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143 | under the terms of such Secondary Licenses, and
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144 |
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145 | b) a copy of this Agreement must be included with each copy of
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146 | the Program.
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147 |
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148 | 3.3 Contributors may not remove or alter any copyright, patent,
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149 | trademark, attribution notices, disclaimers of warranty, or limitations
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150 | of liability ("notices") contained within the Program from any copy of
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151 | the Program which they Distribute, provided that Contributors may add
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152 | their own appropriate notices.
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153 |
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154 | 4. COMMERCIAL DISTRIBUTION
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155 |
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156 | Commercial distributors of software may accept certain responsibilities
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157 | with respect to end users, business partners and the like. While this
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158 | license is intended to facilitate the commercial use of the Program,
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159 | the Contributor who includes the Program in a commercial product
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160 | offering should do so in a manner which does not create potential
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161 | liability for other Contributors. Therefore, if a Contributor includes
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162 | the Program in a commercial product offering, such Contributor
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163 | ("Commercial Contributor") hereby agrees to defend and indemnify every
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164 | other Contributor ("Indemnified Contributor") against any losses,
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165 | damages and costs (collectively "Losses") arising from claims, lawsuits
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166 | and other legal actions brought by a third party against the Indemnified
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167 | Contributor to the extent caused by the acts or omissions of such
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168 | Commercial Contributor in connection with its distribution of the Program
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169 | in a commercial product offering. The obligations in this section do not
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170 | apply to any claims or Losses relating to any actual or alleged
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171 | intellectual property infringement. In order to qualify, an Indemnified
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172 | Contributor must: a) promptly notify the Commercial Contributor in
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173 | writing of such claim, and b) allow the Commercial Contributor to control,
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174 | and cooperate with the Commercial Contributor in, the defense and any
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175 | related settlement negotiations. The Indemnified Contributor may
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176 | participate in any such claim at its own expense.
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177 |
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178 | For example, a Contributor might include the Program in a commercial
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179 | product offering, Product X. That Contributor is then a Commercial
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180 | Contributor. If that Commercial Contributor then makes performance
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181 | claims, or offers warranties related to Product X, those performance
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182 | claims and warranties are such Commercial Contributor's responsibility
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183 | alone. Under this section, the Commercial Contributor would have to
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184 | defend claims against the other Contributors related to those performance
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185 | claims and warranties, and if a court requires any other Contributor to
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186 | pay any damages as a result, the Commercial Contributor must pay
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187 | those damages.
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188 |
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189 | 5. NO WARRANTY
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190 |
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191 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
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192 | PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"
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193 | BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
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194 | IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
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195 | TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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196 | PURPOSE. Each Recipient is solely responsible for determining the
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197 | appropriateness of using and distributing the Program and assumes all
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198 | risks associated with its exercise of rights under this Agreement,
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199 | including but not limited to the risks and costs of program errors,
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200 | compliance with applicable laws, damage to or loss of data, programs
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201 | or equipment, and unavailability or interruption of operations.
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202 |
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203 | 6. DISCLAIMER OF LIABILITY
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204 |
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205 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
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206 | PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
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207 | SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
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208 | EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
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209 | PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
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210 | CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
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211 | ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
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212 | EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
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213 | POSSIBILITY OF SUCH DAMAGES.
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214 |
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215 | 7. GENERAL
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216 |
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217 | If any provision of this Agreement is invalid or unenforceable under
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218 | applicable law, it shall not affect the validity or enforceability of
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219 | the remainder of the terms of this Agreement, and without further
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220 | action by the parties hereto, such provision shall be reformed to the
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221 | minimum extent necessary to make such provision valid and enforceable.
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222 |
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223 | If Recipient institutes patent litigation against any entity
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224 | (including a cross-claim or counterclaim in a lawsuit) alleging that the
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225 | Program itself (excluding combinations of the Program with other software
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226 | or hardware) infringes such Recipient's patent(s), then such Recipient's
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227 | rights granted under Section 2(b) shall terminate as of the date such
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228 | litigation is filed.
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229 |
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230 | All Recipient's rights under this Agreement shall terminate if it
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231 | fails to comply with any of the material terms or conditions of this
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232 | Agreement and does not cure such failure in a reasonable period of
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233 | time after becoming aware of such noncompliance. If all Recipient's
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234 | rights under this Agreement terminate, Recipient agrees to cease use
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235 | and distribution of the Program as soon as reasonably practicable.
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236 | However, Recipient's obligations under this Agreement and any licenses
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237 | granted by Recipient relating to the Program shall continue and survive.
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238 |
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239 | Everyone is permitted to copy and distribute copies of this Agreement,
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240 | but in order to avoid inconsistency the Agreement is copyrighted and
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241 | may only be modified in the following manner. The Agreement Steward
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242 | reserves the right to publish new versions (including revisions) of
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243 | this Agreement from time to time. No one other than the Agreement
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244 | Steward has the right to modify this Agreement. The Eclipse Foundation
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245 | is the initial Agreement Steward. The Eclipse Foundation may assign the
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246 | responsibility to serve as the Agreement Steward to a suitable separate
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247 | entity. Each new version of the Agreement will be given a distinguishing
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248 | version number. The Program (including Contributions) may always be
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249 | Distributed subject to the version of the Agreement under which it was
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250 | received. In addition, after a new version of the Agreement is published,
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251 | Contributor may elect to Distribute the Program (including its
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252 | Contributions) under the new version.
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253 |
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254 | Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
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255 | receives no rights or licenses to the intellectual property of any
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256 | Contributor under this Agreement, whether expressly, by implication,
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257 | estoppel or otherwise. All rights in the Program not expressly granted
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258 | under this Agreement are reserved. Nothing in this Agreement is intended
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259 | to be enforceable by any entity that is not a Contributor or Recipient.
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260 | No third-party beneficiary rights are created under this Agreement.
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261 |
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262 | Exhibit A - Form of Secondary Licenses Notice
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263 |
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264 | "This Source Code may also be made available under the following
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265 | Secondary Licenses when the conditions for such availability set forth
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266 | in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
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267 | version(s), and exceptions or additional permissions here}."
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268 |
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269 | Simply including a copy of this Agreement, including this Exhibit A
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270 | is not sufficient to license the Source Code under Secondary Licenses.
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271 |
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272 | If it is not possible or desirable to put the notice in a particular
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273 | file, then You may include the notice in a location (such as a LICENSE
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274 | file in a relevant directory) where a recipient would be likely to
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275 | look for such a notice.
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276 |
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277 | You may add additional accurate notices of copyright ownership.
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