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| 1 | +THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC |
| 2 | +LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
| 3 | +CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
| 4 | + |
| 5 | +1. DEFINITIONS |
| 6 | + |
| 7 | +"Contribution" means: |
| 8 | + |
| 9 | +a) in the case of the initial Contributor, the initial code and |
| 10 | +documentation distributed under this Agreement, and |
| 11 | + |
| 12 | +b) in the case of each subsequent Contributor: |
| 13 | + |
| 14 | +i) changes to the Program, and |
| 15 | + |
| 16 | +ii) additions to the Program; |
| 17 | + |
| 18 | +where such changes and/or additions to the Program originate from and are |
| 19 | +distributed by that particular Contributor. A Contribution 'originates' from |
| 20 | +a Contributor if it was added to the Program by such Contributor itself or |
| 21 | +anyone acting on such Contributor's behalf. Contributions do not include |
| 22 | +additions to the Program which: (i) are separate modules of software |
| 23 | +distributed in conjunction with the Program under their own license |
| 24 | +agreement, and (ii) are not derivative works of the Program. |
| 25 | + |
| 26 | +"Contributor" means any person or entity that distributes the Program. |
| 27 | + |
| 28 | +"Licensed Patents" mean patent claims licensable by a Contributor which are |
| 29 | +necessarily infringed by the use or sale of its Contribution alone or when |
| 30 | +combined with the Program. |
| 31 | + |
| 32 | +"Program" means the Contributions distributed in accordance with this |
| 33 | +Agreement. |
| 34 | + |
| 35 | +"Recipient" means anyone who receives the Program under this Agreement, |
| 36 | +including all Contributors. |
| 37 | + |
| 38 | +2. GRANT OF RIGHTS |
| 39 | + |
| 40 | +a) Subject to the terms of this Agreement, each Contributor hereby grants |
| 41 | +Recipient a non-exclusive, worldwide, royalty-free copyright license to |
| 42 | +reproduce, prepare derivative works of, publicly display, publicly perform, |
| 43 | +distribute and sublicense the Contribution of such Contributor, if any, and |
| 44 | +such derivative works, in source code and object code form. |
| 45 | + |
| 46 | +b) Subject to the terms of this Agreement, each Contributor hereby grants |
| 47 | +Recipient a non-exclusive, worldwide, royalty-free patent license under |
| 48 | +Licensed Patents to make, use, sell, offer to sell, import and otherwise |
| 49 | +transfer the Contribution of such Contributor, if any, in source code and |
| 50 | +object code form. This patent license shall apply to the combination of the |
| 51 | +Contribution and the Program if, at the time the Contribution is added by the |
| 52 | +Contributor, such addition of the Contribution causes such combination to be |
| 53 | +covered by the Licensed Patents. The patent license shall not apply to any |
| 54 | +other combinations which include the Contribution. No hardware per se is |
| 55 | +licensed hereunder. |
| 56 | + |
| 57 | +c) Recipient understands that although each Contributor grants the licenses |
| 58 | +to its Contributions set forth herein, no assurances are provided by any |
| 59 | +Contributor that the Program does not infringe the patent or other |
| 60 | +intellectual property rights of any other entity. Each Contributor disclaims |
| 61 | +any liability to Recipient for claims brought by any other entity based on |
| 62 | +infringement of intellectual property rights or otherwise. As a condition to |
| 63 | +exercising the rights and licenses granted hereunder, each Recipient hereby |
| 64 | +assumes sole responsibility to secure any other intellectual property rights |
| 65 | +needed, if any. For example, if a third party patent license is required to |
| 66 | +allow Recipient to distribute the Program, it is Recipient's responsibility |
| 67 | +to acquire that license before distributing the Program. |
| 68 | + |
| 69 | +d) Each Contributor represents that to its knowledge it has sufficient |
| 70 | +copyright rights in its Contribution, if any, to grant the copyright license |
| 71 | +set forth in this Agreement. |
| 72 | + |
| 73 | +3. REQUIREMENTS |
| 74 | + |
| 75 | +A Contributor may choose to distribute the Program in object code form under |
| 76 | +its own license agreement, provided that: |
| 77 | + |
| 78 | +a) it complies with the terms and conditions of this Agreement; and |
| 79 | + |
| 80 | +b) its license agreement: |
| 81 | + |
| 82 | +i) effectively disclaims on behalf of all Contributors all warranties and |
| 83 | +conditions, express and implied, including warranties or conditions of title |
| 84 | +and non-infringement, and implied warranties or conditions of merchantability |
| 85 | +and fitness for a particular purpose; |
| 86 | + |
| 87 | +ii) effectively excludes on behalf of all Contributors all liability for |
| 88 | +damages, including direct, indirect, special, incidental and consequential |
| 89 | +damages, such as lost profits; |
| 90 | + |
| 91 | +iii) states that any provisions which differ from this Agreement are offered |
| 92 | +by that Contributor alone and not by any other party; and |
| 93 | + |
| 94 | +iv) states that source code for the Program is available from such |
| 95 | +Contributor, and informs licensees how to obtain it in a reasonable manner on |
| 96 | +or through a medium customarily used for software exchange. |
| 97 | + |
| 98 | +When the Program is made available in source code form: |
| 99 | + |
| 100 | +a) it must be made available under this Agreement; and |
| 101 | + |
| 102 | +b) a copy of this Agreement must be included with each copy of the Program. |
| 103 | + |
| 104 | +Contributors may not remove or alter any copyright notices contained within |
| 105 | +the Program. |
| 106 | + |
| 107 | +Each Contributor must identify itself as the originator of its Contribution, |
| 108 | +if any, in a manner that reasonably allows subsequent Recipients to identify |
| 109 | +the originator of the Contribution. |
| 110 | + |
| 111 | +4. COMMERCIAL DISTRIBUTION |
| 112 | + |
| 113 | +Commercial distributors of software may accept certain responsibilities with |
| 114 | +respect to end users, business partners and the like. While this license is |
| 115 | +intended to facilitate the commercial use of the Program, the Contributor who |
| 116 | +includes the Program in a commercial product offering should do so in a |
| 117 | +manner which does not create potential liability for other Contributors. |
| 118 | +Therefore, if a Contributor includes the Program in a commercial product |
| 119 | +offering, such Contributor ("Commercial Contributor") hereby agrees to defend |
| 120 | +and indemnify every other Contributor ("Indemnified Contributor") against any |
| 121 | +losses, damages and costs (collectively "Losses") arising from claims, |
| 122 | +lawsuits and other legal actions brought by a third party against the |
| 123 | +Indemnified Contributor to the extent caused by the acts or omissions of such |
| 124 | +Commercial Contributor in connection with its distribution of the Program in |
| 125 | +a commercial product offering. The obligations in this section do not apply |
| 126 | +to any claims or Losses relating to any actual or alleged intellectual |
| 127 | +property infringement. In order to qualify, an Indemnified Contributor must: |
| 128 | +a) promptly notify the Commercial Contributor in writing of such claim, and |
| 129 | +b) allow the Commercial Contributor to control, and cooperate with the |
| 130 | +Commercial Contributor in, the defense and any related settlement |
| 131 | +negotiations. The Indemnified Contributor may participate in any such claim |
| 132 | +at its own expense. |
| 133 | + |
| 134 | +For example, a Contributor might include the Program in a commercial product |
| 135 | +offering, Product X. That Contributor is then a Commercial Contributor. If |
| 136 | +that Commercial Contributor then makes performance claims, or offers |
| 137 | +warranties related to Product X, those performance claims and warranties are |
| 138 | +such Commercial Contributor's responsibility alone. Under this section, the |
| 139 | +Commercial Contributor would have to defend claims against the other |
| 140 | +Contributors related to those performance claims and warranties, and if a |
| 141 | +court requires any other Contributor to pay any damages as a result, the |
| 142 | +Commercial Contributor must pay those damages. |
| 143 | + |
| 144 | +5. NO WARRANTY |
| 145 | + |
| 146 | +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON |
| 147 | +AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER |
| 148 | +EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR |
| 149 | +CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A |
| 150 | +PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the |
| 151 | +appropriateness of using and distributing the Program and assumes all risks |
| 152 | +associated with its exercise of rights under this Agreement , including but |
| 153 | +not limited to the risks and costs of program errors, compliance with |
| 154 | +applicable laws, damage to or loss of data, programs or equipment, and |
| 155 | +unavailability or interruption of operations. |
| 156 | + |
| 157 | +6. DISCLAIMER OF LIABILITY |
| 158 | + |
| 159 | +EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
| 160 | +CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| 161 | +SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION |
| 162 | +LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN |
| 163 | +CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
| 164 | +ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE |
| 165 | +EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY |
| 166 | +OF SUCH DAMAGES. |
| 167 | + |
| 168 | +7. GENERAL |
| 169 | + |
| 170 | +If any provision of this Agreement is invalid or unenforceable under |
| 171 | +applicable law, it shall not affect the validity or enforceability of the |
| 172 | +remainder of the terms of this Agreement, and without further action by the |
| 173 | +parties hereto, such provision shall be reformed to the minimum extent |
| 174 | +necessary to make such provision valid and enforceable. |
| 175 | + |
| 176 | +If Recipient institutes patent litigation against any entity (including a |
| 177 | +cross-claim or counterclaim in a lawsuit) alleging that the Program itself |
| 178 | +(excluding combinations of the Program with other software or hardware) |
| 179 | +infringes such Recipient's patent(s), then such Recipient's rights granted |
| 180 | +under Section 2(b) shall terminate as of the date such litigation is filed. |
| 181 | + |
| 182 | +All Recipient's rights under this Agreement shall terminate if it fails to |
| 183 | +comply with any of the material terms or conditions of this Agreement and |
| 184 | +does not cure such failure in a reasonable period of time after becoming |
| 185 | +aware of such noncompliance. If all Recipient's rights under this Agreement |
| 186 | +terminate, Recipient agrees to cease use and distribution of the Program as |
| 187 | +soon as reasonably practicable. However, Recipient's obligations under this |
| 188 | +Agreement and any licenses granted by Recipient relating to the Program shall |
| 189 | +continue and survive. |
| 190 | + |
| 191 | +Everyone is permitted to copy and distribute copies of this Agreement, but in |
| 192 | +order to avoid inconsistency the Agreement is copyrighted and may only be |
| 193 | +modified in the following manner. The Agreement Steward reserves the right to |
| 194 | +publish new versions (including revisions) of this Agreement from time to |
| 195 | +time. No one other than the Agreement Steward has the right to modify this |
| 196 | +Agreement. The Eclipse Foundation is the initial Agreement Steward. The |
| 197 | +Eclipse Foundation may assign the responsibility to serve as the Agreement |
| 198 | +Steward to a suitable separate entity. Each new version of the Agreement will |
| 199 | +be given a distinguishing version number. The Program (including |
| 200 | +Contributions) may always be distributed subject to the version of the |
| 201 | +Agreement under which it was received. In addition, after a new version of |
| 202 | +the Agreement is published, Contributor may elect to distribute the Program |
| 203 | +(including its Contributions) under the new version. Except as expressly |
| 204 | +stated in Sections 2(a) and 2(b) above, Recipient receives no rights or |
| 205 | +licenses to the intellectual property of any Contributor under this |
| 206 | +Agreement, whether expressly, by implication, estoppel or otherwise. All |
| 207 | +rights in the Program not expressly granted under this Agreement are |
| 208 | +reserved. |
| 209 | + |
| 210 | +This Agreement is governed by the laws of the State of New York and the |
| 211 | +intellectual property laws of the United States of America. No party to this |
| 212 | +Agreement will bring a legal action under this Agreement more than one year |
| 213 | +after the cause of action arose. Each party waives its rights to a jury trial |
| 214 | +in any resulting litigation. |
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