Michael Wenz | ad1d24a | 2019-04-16 13:44:26 +0200 | [diff] [blame^] | 1 | <!DOCTYPE HTML>
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| 9 | <TITLE>Eclipse Public License - Version 2.0</TITLE>
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| 31 | <META name="GENERATOR" content="MSHTML 11.00.10570.1001"></HEAD>
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| 32 | <BODY>
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| 33 | <H1>Eclipse Public License - v 2.0</H1>
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| 34 | <P>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
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| 35 | PUBLIC LICENSE (“AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
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| 36 | PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. </P>
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| 37 | <H2 id="definitions">1. DEFINITIONS</H2>
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| 38 | <P>“Contribution” means:</P>
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| 39 | <UL>
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| 40 | <LI>a) in the case of the initial Contributor, the initial content
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| 41 | Distributed under this Agreement, and </LI>
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| 42 | <LI> b) in the case of each subsequent Contributor:
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| 43 | <UL>
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| 44 | <LI>i) changes to the Program, and</LI>
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| 45 | <LI>ii) additions to the Program;</LI></UL> where such changes and/or
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| 46 | additions to the Program originate from and are Distributed by that
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| 47 | particular Contributor. A Contribution “originates” from a Contributor
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| 48 | if it was added to the Program by such Contributor itself or anyone
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| 49 | acting on such Contributor's behalf. Contributions do not include
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| 50 | changes or additions to the Program that are not Modified Works.
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| 51 | </LI></UL>
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| 52 | <P>“Contributor” means any person or entity that Distributes the Program.</P>
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| 53 | <P>“Licensed Patents” mean patent claims licensable by a Contributor which
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| 54 | are necessarily infringed by the use or sale of its Contribution alone or
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| 55 | when combined with the Program. </P>
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| 56 | <P>“Program” means the Contributions Distributed in accordance with this
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| 57 | Agreement. </P>
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| 58 | <P>“Recipient” means anyone who receives the Program under this Agreement
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| 59 | or any Secondary License (as applicable), including Contributors. </P>
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| 60 | <P>“Derivative Works” shall mean any work, whether in Source Code or other
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| 61 | form, that is based on (or derived from) the Program and for which the
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| 62 | editorial revisions, annotations, elaborations, or other modifications
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| 63 | represent, as a whole, an original work of authorship. </P>
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| 64 | <P>“Modified Works” shall mean any work in Source Code or other form that
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| 65 | results from an addition to, deletion from, or modification of the contents
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| 66 | of the Program, including, for purposes of clarity any new file in Source
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| 67 | Code form that contains any contents of the Program. Modified Works shall
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| 68 | not include works that contain only declarations, interfaces, types,
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| 69 | classes, structures, or files of the Program solely in each case in order
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| 70 | to link to, bind by name, or subclass the Program or Modified Works
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| 71 | thereof. </P>
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| 72 | <P>“Distribute” means the acts of a) distributing or b) making available in
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| 73 | any manner that enables the transfer of a copy. </P>
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| 74 | <P>“Source Code” means the form of a Program preferred for making
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| 75 | modifications, including but not limited to software source code,
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| 76 | documentation source, and configuration files. </P>
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| 77 | <P>“Secondary License” means either the GNU General Public License, Version
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| 78 | 2.0, or any later versions of that license, including any exceptions or
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| 79 | additional permissions as identified by the initial Contributor. </P>
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| 80 | <H2 id="grant-of-rights">2. GRANT OF RIGHTS</H2>
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| 81 | <UL>
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| 82 | <LI>a) Subject to the terms of this Agreement, each Contributor hereby
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| 83 | grants Recipient a non-exclusive, worldwide, royalty-free copyright
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| 84 | license to reproduce, prepare Derivative Works of, publicly display,
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| 85 | publicly perform, Distribute and sublicense the Contribution of such
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| 86 | Contributor, if any, and such Derivative Works. </LI>
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| 87 | <LI>b) Subject to the terms of this Agreement, each Contributor hereby
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| 88 | grants Recipient a non-exclusive, worldwide, royalty-free patent
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| 89 | license under Licensed Patents to make, use, sell, offer to sell,
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| 90 | import and otherwise transfer the Contribution of such Contributor, if
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| 91 | any, in Source Code or other form. This patent license shall apply to
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| 92 | the combination of the Contribution and the Program if, at the time the
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| 93 | Contribution is added by the Contributor, such addition of the
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| 94 | Contribution causes such combination to be covered by the Licensed
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| 95 | Patents. The patent license shall not apply to any other combinations
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| 96 | which include the Contribution. No hardware per se is licensed
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| 97 | hereunder. </LI>
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| 98 | <LI>c) Recipient understands that although each Contributor grants the
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| 99 | licenses to its Contributions set forth herein, no assurances are
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| 100 | provided by any Contributor that the Program does not infringe the
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| 101 | patent or other intellectual property rights of any other entity. Each
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| 102 | Contributor disclaims any liability to Recipient for claims brought by
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| 103 | any other entity based on infringement of intellectual property rights
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| 104 | or otherwise. As a condition to exercising the rights and licenses
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| 105 | granted hereunder, each Recipient hereby assumes sole responsibility to
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| 106 | secure any other intellectual property rights needed, if any. For
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| 107 | example, if a third party patent license is required to allow Recipient
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| 108 | to Distribute the Program, it is Recipient's responsibility to acquire
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| 109 | that license before distributing the Program. </LI>
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| 110 | <LI>d) Each Contributor represents that to its knowledge it has sufficient
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| 111 | copyright rights in its Contribution, if any, to grant the copyright
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| 112 | license set forth in this Agreement. </LI>
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| 113 | <LI>e) Notwithstanding the terms of any Secondary License, no Contributor
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| 114 | makes additional grants to any Recipient (other than those set forth
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| 115 | in this Agreement) as a result of such Recipient's receipt of the
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| 116 | Program under the terms of a Secondary License (if permitted under the
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| 117 | terms of Section 3). </LI></UL>
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| 118 | <H2 id="requirements">3. REQUIREMENTS</H2>
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| 119 | <P>3.1 If a Contributor Distributes the Program in any form, then:</P>
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| 120 | <UL>
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| 121 | <LI>a) the Program must also be made available as Source Code, in
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| 122 | accordance with section 3.2, and the Contributor must accompany the
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| 123 | Program with a statement that the Source Code for the Program is
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| 124 | available under this Agreement, and informs Recipients how to obtain it
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| 125 | in a reasonable manner on or through a medium customarily used for
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| 126 | software exchange; and </LI>
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| 127 | <LI> b) the Contributor may Distribute the Program under a license
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| 128 | different than this Agreement, provided that such license:
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| 129 | <UL>
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| 130 | <LI>i) effectively disclaims on behalf of all other Contributors all
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| 131 | warranties and conditions, express and implied, including warranties
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| 132 | or conditions of title and non-infringement, and implied warranties
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| 133 | or conditions of merchantability and fitness for a particular
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| 134 | purpose; </LI>
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| 135 | <LI>ii) effectively excludes on behalf of all other Contributors all
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| 136 | liability for damages, including direct, indirect, special, incidental
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| 137 | and consequential damages, such as lost profits; </LI>
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| 138 | <LI>iii) does not attempt to limit or alter the recipients' rights in the
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| 139 | Source Code under section 3.2; and </LI>
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| 140 | <LI>iv) requires any subsequent distribution of the Program by any party
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| 141 | to be under a license that satisfies the requirements of this section
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| 142 | 3. </LI></UL></LI></UL>
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| 143 | <P>3.2 When the Program is Distributed as Source Code:</P>
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| 144 | <UL>
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| 145 | <LI>a) it must be made available under this Agreement, or if the Program (i)
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| 146 | is combined with other material in a separate file or files made
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| 147 | available under a Secondary License, and (ii) the initial Contributor
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| 148 | attached to the Source Code the notice described in Exhibit A of this
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| 149 | Agreement, then the Program may be made available under the terms of
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| 150 | such Secondary Licenses, and </LI>
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| 151 | <LI>b) a copy of this Agreement must be included with each copy of the
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| 152 | Program.</LI></UL>
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| 153 | <P>3.3 Contributors may not remove or alter any copyright, patent, trademark,
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| 154 | attribution notices, disclaimers of warranty, or limitations of liability
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| 155 | (‘notices’) contained within the Program from any copy of the Program which
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| 156 | they Distribute, provided that Contributors may add their own appropriate
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| 157 | notices. </P>
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| 158 | <H2 id="commercial-distribution">4. COMMERCIAL DISTRIBUTION</H2>
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| 159 | <P>Commercial distributors of software may accept certain responsibilities
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| 160 | with respect to end users, business partners and the like. While this
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| 161 | license is intended to facilitate the commercial use of the Program, the
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| 162 | Contributor who includes the Program in a commercial product offering should
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| 163 | do so in a manner which does not create potential liability for other
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| 164 | Contributors. Therefore, if a Contributor includes the Program in a
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| 165 | commercial product offering, such Contributor (“Commercial Contributor”)
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| 166 | hereby agrees to defend and indemnify every other Contributor (“Indemnified
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| 167 | Contributor”) against any losses, damages and costs (collectively “Losses”)
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| 168 | arising from claims, lawsuits and other legal actions brought by a third
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| 169 | party against the Indemnified Contributor to the extent caused by the acts
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| 170 | or omissions of such Commercial Contributor in connection with its
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| 171 | distribution of the Program in a commercial product offering. The
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| 172 | obligations in this section do not apply to any claims or Losses relating
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| 173 | to any actual or alleged intellectual property infringement. In order to
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| 174 | qualify, an Indemnified Contributor must: a) promptly notify the Commercial
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| 175 | Contributor in writing of such claim, and b) allow the Commercial
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| 176 | Contributor to control, and cooperate with the Commercial Contributor in,
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| 177 | the defense and any related settlement negotiations. The Indemnified
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| 178 | Contributor may participate in any such claim at its own expense. </P>
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| 179 | <P>For example, a Contributor might include the Program in a commercial
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| 180 | product offering, Product X. That Contributor is then a Commercial
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| 181 | Contributor. If that Commercial Contributor then makes performance claims,
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| 182 | or offers warranties related to Product X, those performance claims and
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| 183 | warranties are such Commercial Contributor's responsibility alone. Under
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| 184 | this section, the Commercial Contributor would have to defend claims
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| 185 | against the other Contributors related to those performance claims and
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| 186 | warranties, and if a court requires any other Contributor to pay any damages
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| 187 | as a result, the Commercial Contributor must pay those damages. </P>
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| 188 | <H2 id="warranty">5. NO WARRANTY</H2>
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| 189 | <P>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED
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| 190 | BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT
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| 191 | WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
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| 192 | WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
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| 193 | MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is
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| 194 | solely responsible for determining the appropriateness of using and
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| 195 | distributing the Program and assumes all risks associated with its exercise
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| 196 | of rights under this Agreement, including but not limited to the risks and
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| 197 | costs of program errors, compliance with applicable laws, damage to or loss
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| 198 | of data, programs or equipment, and unavailability or interruption of
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| 199 | operations. </P>
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| 200 | <H2 id="disclaimer">6. DISCLAIMER OF LIABILITY</H2>
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| 201 | <P>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED
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| 202 | BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY
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| 203 | LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
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| 204 | CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER
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| 205 | CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
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| 206 | LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
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| 207 | OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
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| 208 | GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. </P>
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| 209 | <H2 id="general">7. GENERAL</H2>
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| 210 | <P>If any provision of this Agreement is invalid or unenforceable under
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| 211 | applicable law, it shall not affect the validity or enforceability of the
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| 212 | remainder of the terms of this Agreement, and without further action by the
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| 213 | parties hereto, such provision shall be reformed to the minimum extent
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| 214 | necessary to make such provision valid and enforceable. </P>
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| 215 | <P>If Recipient institutes patent litigation against any entity (including a
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| 216 | cross-claim or counterclaim in a lawsuit) alleging that the Program itself
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| 217 | (excluding combinations of the Program with other software or hardware)
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| 218 | infringes such Recipient's patent(s), then such Recipient's rights granted
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| 219 | under Section 2(b) shall terminate as of the date such litigation is filed.
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| 220 | </P>
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| 221 | <P>All Recipient's rights under this Agreement shall terminate if it fails to
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| 222 | comply with any of the material terms or conditions of this Agreement and
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| 223 | does not cure such failure in a reasonable period of time after becoming
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| 224 | aware of such noncompliance. If all Recipient's rights under this Agreement
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| 225 | terminate, Recipient agrees to cease use and distribution of the Program as
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| 226 | soon as reasonably practicable. However, Recipient's obligations under this
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| 227 | Agreement and any licenses granted by Recipient relating to the Program
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| 228 | shall continue and survive. </P>
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| 229 | <P>Everyone is permitted to copy and distribute copies of this Agreement,
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| 230 | but in order to avoid inconsistency the Agreement is copyrighted and may
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| 231 | only be modified in the following manner. The Agreement Steward reserves
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| 232 | the right to publish new versions (including revisions) of this Agreement
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| 233 | from time to time. No one other than the Agreement Steward has the right to
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| 234 | modify this Agreement. The Eclipse Foundation is the initial Agreement
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| 235 | Steward. The Eclipse Foundation may assign the responsibility to serve as
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| 236 | the Agreement Steward to a suitable separate entity. Each new version of
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| 237 | the Agreement will be given a distinguishing version number. The Program
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| 238 | (including Contributions) may always be Distributed subject to the version
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| 239 | of the Agreement under which it was received. In addition, after a new
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| 240 | version of the Agreement is published, Contributor may elect to Distribute
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| 241 | the Program (including its Contributions) under the new version. </P>
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| 242 | <P>Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
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| 243 | receives no rights or licenses to the intellectual property of any
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| 244 | Contributor under this Agreement, whether expressly, by implication,
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| 245 | estoppel or otherwise. All rights in the Program not expressly granted
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| 246 | under this Agreement are reserved. Nothing in this Agreement is intended to
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| 247 | be enforceable by any entity that is not a Contributor or Recipient. No
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| 248 | third-party beneficiary rights are created under this Agreement. </P>
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| 249 | <H2 id="exhibit-a">Exhibit A – Form of Secondary Licenses Notice</H2>
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| 250 | <P>“This Source Code may also be made available under the following
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| 251 | Secondary Licenses when the conditions for such availability set forth in
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| 252 | the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
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| 253 | version(s), and exceptions or additional permissions here}.” </P>
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| 254 | <BLOCKQUOTE>
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| 255 | <P>Simply including a copy of this Agreement, including this Exhibit A
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| 256 | is not sufficient to license the Source Code under Secondary Licenses.
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| 257 | </P>
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| 258 | <P>If it is not possible or desirable to put the notice in a particular file,
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| 259 | then You may include the notice in a location (such as a LICENSE file in
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| 260 | a relevant directory) where a recipient would be likely to look for
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| 261 | such a notice. </P>
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| 262 | <P>You may add additional accurate notices of copyright
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| 263 | ownership.</P></BLOCKQUOTE></BODY></HTML>
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