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

Usage Of Content

THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS - (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND - CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE - OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR - NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND - CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.

Applicable Licenses

Unless otherwise indicated, all Content made available by the Eclipse - Foundation is provided to you under the terms and conditions of the -Eclipse Public License Version 1.0 - ("EPL"). A copy of the EPL is provided with this Content and is also - available at http://www.eclipse.org/legal/epl-v10.html. - For purposes of the EPL, "Program" will mean the Content.

Content includes, but is not limited to, source code, object code, -documentation and other files maintained in the Eclipse Foundation -source code - repository ("Repository") in software modules ("Modules") and made -available as downloadable archives ("Downloads").

The terms and conditions governing Plug-ins and Fragments should be -contained in files named "about.html" ("Abouts"). The terms and -conditions governing Features and -Included Features should be contained in files named "license.html" -("Feature Licenses"). Abouts and Feature Licenses may be located in any - directory of a Download or Module -including, but not limited to the following locations:

Note: if a Feature made available by the Eclipse Foundation is -installed using the Provisioning Technology (as defined below), you must - agree to a license ("Feature Update License") during the -installation process. If the Feature contains Included Features, the -Feature Update License should either provide you with the terms and -conditions governing the Included Features or -inform you where you can locate them. Feature Update Licenses may be -found in the "license" property of files named "feature.properties" -found within a Feature. -Such Abouts, Feature Licenses, and Feature Update Licenses contain the -terms and conditions (or references to such terms and conditions) that -govern your use of the associated Content in -that directory.

THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER -TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. - SOME OF THESE -OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):

IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND -CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License, -or Feature Update License is provided, please -contact the Eclipse Foundation to determine what terms and conditions -govern that particular Content.

Use of Provisioning Technology

The Eclipse Foundation makes available provisioning software, -examples of which include, but are not limited to, p2 and the Eclipse - Update Manager ("Provisioning Technology") for the purpose of -allowing users to install software, documentation, information and/or - other materials (collectively "Installable Software"). This -capability is provided with the intent of allowing such users to - install, extend and update Eclipse-based products. Information about -packaging Installable Software is available at http://eclipse.org/equinox/p2/repository_packaging.html - ("Specification").

You may use Provisioning Technology to allow other parties to install - Installable Software. You shall be responsible for enabling the - applicable license agreements relating to the Installable Software to - be presented to, and accepted by, the users of the Provisioning -Technology - in accordance with the Specification. By using Provisioning -Technology in such a manner and making it available in accordance with -the - Specification, you further acknowledge your agreement to, and the -acquisition of all necessary rights to permit the following:

Cryptography

Content may contain encryption software. The country in which you are - currently may have restrictions on the import, possession, and use, -and/or re-export to - another country, of encryption software. BEFORE using any encryption -software, please check the country's laws, regulations and policies -concerning the import, - possession, or use, and re-export of encryption software, to see if -this is permitted.

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