Eclipse Public License

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Eclipse Public License - v 1.0 -

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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER -THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, -REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE -OF THIS AGREEMENT.

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1. DEFINITIONS

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"Contribution" means:

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a) -in the case of the initial Contributor, the initial code and documentation -distributed under this Agreement, and
-b) in the case of each subsequent Contributor:

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i) -changes to the Program, and

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ii) -additions to the Program;

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where -such changes and/or additions to the Program originate from and are distributed -by that particular Contributor. A Contribution 'originates' from a Contributor -if it was added to the Program by such Contributor itself or anyone acting on -such Contributor's behalf. Contributions do not include additions to the -Program which: (i) are separate modules of software distributed in conjunction -with the Program under their own license agreement, and (ii) are not derivative -works of the Program.

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"Contributor" means any person or -entity that distributes the Program.

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"Licensed Patents " mean patent -claims licensable by a Contributor which are necessarily infringed by the use -or sale of its Contribution alone or when combined with the Program.

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"Program" means the Contributions -distributed in accordance with this Agreement.

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"Recipient" means anyone who -receives the Program under this Agreement, including all Contributors.

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2. GRANT OF RIGHTS

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a) -Subject to the terms of this Agreement, each Contributor hereby grants Recipient -a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly -display, publicly perform, distribute and sublicense the Contribution of such -Contributor, if any, and such derivative works, in source code and object code -form.

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b) -Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free -patent license under Licensed Patents to make, use, sell, offer to sell, import -and otherwise transfer the Contribution of such Contributor, if any, in source -code and object code form. This patent license shall apply to the combination -of the Contribution and the Program if, at the time the Contribution is added -by the Contributor, such addition of the Contribution causes such combination -to be covered by the Licensed Patents. The patent license shall not apply to -any other combinations which include the Contribution. No hardware per se is -licensed hereunder.

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c) -Recipient understands that although each Contributor grants the licenses to its -Contributions set forth herein, no assurances are provided by any Contributor -that the Program does not infringe the patent or other intellectual property -rights of any other entity. Each Contributor disclaims any liability to Recipient -for claims brought by any other entity based on infringement of intellectual -property rights or otherwise. As a condition to exercising the rights and -licenses granted hereunder, each Recipient hereby assumes sole responsibility -to secure any other intellectual property rights needed, if any. For example, -if a third party patent license is required to allow Recipient to distribute -the Program, it is Recipient's responsibility to acquire that license before -distributing the Program.

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d) -Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement.

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3. REQUIREMENTS

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A Contributor may choose to distribute the -Program in object code form under its own license agreement, provided that: -

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a) -it complies with the terms and conditions of this Agreement; and

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b) -its license agreement:

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i) -effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title -and non-infringement, and implied warranties or conditions of merchantability -and fitness for a particular purpose;

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ii) -effectively excludes on behalf of all Contributors all liability for damages, -including direct, indirect, special, incidental and consequential damages, such -as lost profits;

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iii) -states that any provisions which differ from this Agreement are offered by that -Contributor alone and not by any other party; and

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iv) -states that source code for the Program is available from such Contributor, and -informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange.

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When the Program is made available in source -code form:

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a) -it must be made available under this Agreement; and

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b) a -copy of this Agreement must be included with each copy of the Program.

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Contributors may not remove or alter any -copyright notices contained within the Program.

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Each Contributor must identify itself as the -originator of its Contribution, if any, in a manner that reasonably allows -subsequent Recipients to identify the originator of the Contribution.

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4. COMMERCIAL DISTRIBUTION

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Commercial distributors of software may -accept certain responsibilities with respect to end users, business partners -and the like. While this license is intended to facilitate the commercial use -of the Program, the Contributor who includes the Program in a commercial -product offering should do so in a manner which does not create potential -liability for other Contributors. Therefore, if a Contributor includes the -Program in a commercial product offering, such Contributor ("Commercial -Contributor") hereby agrees to defend and indemnify every other -Contributor ("Indemnified Contributor") against any losses, damages and -costs (collectively "Losses") arising from claims, lawsuits and other -legal actions brought by a third party against the Indemnified Contributor to -the extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may participate -in any such claim at its own expense.

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For example, a Contributor might include the -Program in a commercial product offering, Product X. That Contributor is then a -Commercial Contributor. If that Commercial Contributor then makes performance -claims, or offers warranties related to Product X, those performance claims and -warranties are such Commercial Contributor's responsibility alone. Under this -section, the Commercial Contributor would have to defend claims against the -other Contributors related to those performance claims and warranties, and if a -court requires any other Contributor to pay any damages as a result, the -Commercial Contributor must pay those damages.

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5. NO WARRANTY

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EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT -WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, -WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely -responsible for determining the appropriateness of using and distributing the -Program and assumes all risks associated with its exercise of rights under this -Agreement , including but not limited to the risks and costs of program errors, -compliance with applicable laws, damage to or loss of data, programs or -equipment, and unavailability or interruption of operations.

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6. DISCLAIMER OF LIABILITY

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EXCEPT AS EXPRESSLY SET FORTH IN THIS -AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR -ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES -(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY -OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING -NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF -THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF -THE POSSIBILITY OF SUCH DAMAGES.

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7. GENERAL

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If any provision of this Agreement is invalid -or unenforceable under applicable law, it shall not affect the validity or -enforceability of the remainder of the terms of this Agreement, and without -further action by the parties hereto, such provision shall be reformed to the -minimum extent necessary to make such provision valid and enforceable.

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If Recipient institutes patent litigation -against any entity (including a cross-claim or counterclaim in a lawsuit) -alleging that the Program itself (excluding combinations of the Program with -other software or hardware) infringes such Recipient's patent(s), then such -Recipient's rights granted under Section 2(b) shall terminate as of the date -such litigation is filed.

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All Recipient's rights under this Agreement -shall terminate if it fails to comply with any of the material terms or -conditions of this Agreement and does not cure such failure in a reasonable -period of time after becoming aware of such noncompliance. If all Recipient's -rights under this Agreement terminate, Recipient agrees to cease use and -distribution of the Program as soon as reasonably practicable. However, -Recipient's obligations under this Agreement and any licenses granted by -Recipient relating to the Program shall continue and survive.

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Everyone is permitted to copy and distribute -copies of this Agreement, but in order to avoid inconsistency the Agreement is -copyrighted and may only be modified in the following manner. The Agreement -Steward reserves the right to publish new versions (including revisions) of -this Agreement from time to time. No one other than the Agreement Steward has -the right to modify this Agreement. The Eclipse Foundation is the initial -Agreement Steward. The Eclipse Foundation may assign the responsibility to -serve as the Agreement Steward to a suitable separate entity. Each new version -of the Agreement will be given a distinguishing version number. The Program -(including Contributions) may always be distributed subject to the version of -the Agreement under which it was received. In addition, after a new version of -the Agreement is published, Contributor may elect to distribute the Program -(including its Contributions) under the new version. Except as expressly stated -in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to -the intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved.

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This Agreement is governed by the laws of the -State of New York and the intellectual property laws of the United States of -America. No party to this Agreement will bring a legal action under this -Agreement more than one year after the cause of action arose. Each party waives -its rights to a jury trial in any resulting litigation.

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Eclipse Foundation Software User Agreement

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