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277 lines
14 KiB
277 lines
14 KiB
Eclipse Public License - v 2.0 |
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE |
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PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION |
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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 content |
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Distributed under this Agreement, and |
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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 |
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and are Distributed by that particular Contributor. A Contribution |
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"originates" from a Contributor if it was added to the Program by |
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such Contributor itself or anyone acting on such Contributor's behalf. |
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Contributions do not include changes or additions to the Program that |
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are not Modified Works. |
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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 |
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are necessarily infringed by the use or sale of its Contribution alone |
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or when combined with the Program. |
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"Program" means the Contributions Distributed in accordance with this |
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Agreement. |
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"Recipient" means anyone who receives the Program under this Agreement |
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or any Secondary License (as applicable), including Contributors. |
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"Derivative Works" shall mean any work, whether in Source Code or other |
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form, that is based on (or derived from) the Program and for which the |
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editorial revisions, annotations, elaborations, or other modifications |
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represent, as a whole, an original work of authorship. |
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"Modified Works" shall mean any work in Source Code or other form that |
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results from an addition to, deletion from, or modification of the |
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contents of the Program, including, for purposes of clarity any new file |
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in Source Code form that contains any contents of the Program. Modified |
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Works shall not include works that contain only declarations, |
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interfaces, types, classes, structures, or files of the Program solely |
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in each case in order to link to, bind by name, or subclass the Program |
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or Modified Works thereof. |
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"Distribute" means the acts of a) distributing or b) making available |
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in any manner that enables the transfer of a copy. |
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"Source Code" means the form of a Program preferred for making |
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modifications, including but not limited to software source code, |
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documentation source, and configuration files. |
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"Secondary License" means either the GNU General Public License, |
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Version 2.0, or any later versions of that license, including any |
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exceptions or additional permissions as identified by the initial |
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Contributor. |
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2. GRANT OF RIGHTS |
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a) Subject to the terms of this Agreement, each Contributor hereby |
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grants Recipient a non-exclusive, worldwide, royalty-free copyright |
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license to reproduce, prepare Derivative Works of, publicly display, |
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publicly perform, Distribute and sublicense the Contribution of such |
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Contributor, if any, and such Derivative Works. |
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b) Subject to the terms of this Agreement, each Contributor hereby |
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grants Recipient a non-exclusive, worldwide, royalty-free patent |
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license under Licensed Patents to make, use, sell, offer to sell, |
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import and otherwise transfer the Contribution of such Contributor, |
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if any, in Source Code or other form. This patent license shall |
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apply to the combination of the Contribution and the Program if, at |
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the time the Contribution is added by the Contributor, such addition |
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of the Contribution causes such combination to be covered by the |
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Licensed Patents. The patent license shall not apply to any other |
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combinations which include the Contribution. No hardware per se is |
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licensed hereunder. |
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c) Recipient understands that although each Contributor grants the |
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licenses to its Contributions set forth herein, no assurances are |
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provided by any Contributor that the Program does not infringe the |
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patent or other intellectual property rights of any other entity. |
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Each Contributor disclaims any liability to Recipient for claims |
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brought by any other entity based on infringement of intellectual |
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property rights or otherwise. As a condition to exercising the |
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rights and licenses granted hereunder, each Recipient hereby |
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assumes sole responsibility to secure any other intellectual |
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property rights needed, if any. For example, if a third party |
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patent license is required to allow Recipient to Distribute the |
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Program, it is Recipient's responsibility to acquire that license |
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before distributing the Program. |
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d) Each Contributor represents that to its knowledge it has |
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sufficient copyright rights in its Contribution, if any, to grant |
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the copyright license set forth in this Agreement. |
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e) Notwithstanding the terms of any Secondary License, no |
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Contributor makes additional grants to any Recipient (other than |
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those set forth in this Agreement) as a result of such Recipient's |
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receipt of the Program under the terms of a Secondary License |
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(if permitted under the terms of Section 3). |
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3. REQUIREMENTS |
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3.1 If a Contributor Distributes the Program in any form, then: |
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a) the Program must also be made available as Source Code, in |
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accordance with section 3.2, and the Contributor must accompany |
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the Program with a statement that the Source Code for the Program |
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is available under this Agreement, and informs Recipients how to |
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obtain it in a reasonable manner on or through a medium customarily |
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used for software exchange; and |
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b) the Contributor may Distribute the Program under a license |
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different than this Agreement, provided that such license: |
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i) effectively disclaims on behalf of all other Contributors all |
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warranties and conditions, express and implied, including |
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warranties or conditions of title and non-infringement, and |
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implied warranties or conditions of merchantability and fitness |
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for a particular purpose; |
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ii) effectively excludes on behalf of all other Contributors all |
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liability for damages, including direct, indirect, special, |
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incidental and consequential damages, such as lost profits; |
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iii) does not attempt to limit or alter the recipients' rights |
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in the Source Code under section 3.2; and |
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iv) requires any subsequent distribution of the Program by any |
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party to be under a license that satisfies the requirements |
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of this section 3. |
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3.2 When the Program is Distributed as Source Code: |
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a) it must be made available under this Agreement, or if the |
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Program (i) is combined with other material in a separate file or |
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files made available under a Secondary License, and (ii) the initial |
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Contributor attached to the Source Code the notice described in |
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Exhibit A of this Agreement, then the Program may be made available |
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under the terms of such Secondary Licenses, and |
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b) a copy of this Agreement must be included with each copy of |
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the Program. |
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3.3 Contributors may not remove or alter any copyright, patent, |
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trademark, attribution notices, disclaimers of warranty, or limitations |
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of liability ("notices") contained within the Program from any copy of |
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the Program which they Distribute, provided that Contributors may add |
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their own appropriate notices. |
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4. COMMERCIAL DISTRIBUTION |
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Commercial distributors of software may accept certain responsibilities |
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with respect to end users, business partners and the like. While this |
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license is intended to facilitate the commercial use of the Program, |
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the Contributor who includes the Program in a commercial product |
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offering should do so in a manner which does not create potential |
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liability for other Contributors. Therefore, if a Contributor includes |
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the Program in a commercial product offering, such Contributor |
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("Commercial Contributor") hereby agrees to defend and indemnify every |
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other Contributor ("Indemnified Contributor") against any losses, |
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damages and costs (collectively "Losses") arising from claims, lawsuits |
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and other legal actions brought by a third party against the Indemnified |
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Contributor to the extent caused by the acts or omissions of such |
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Commercial Contributor in connection with its distribution of the Program |
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in a commercial product offering. The obligations in this section do not |
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apply to any claims or Losses relating to any actual or alleged |
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intellectual property infringement. In order to qualify, an Indemnified |
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Contributor must: a) promptly notify the Commercial Contributor in |
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writing of such claim, and b) allow the Commercial Contributor to control, |
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and cooperate with the Commercial Contributor in, the defense and any |
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related settlement negotiations. The Indemnified Contributor may |
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participate in any such claim at its own expense. |
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For example, a Contributor might include the Program in a commercial |
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product offering, Product X. That Contributor is then a Commercial |
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Contributor. If that Commercial Contributor then makes performance |
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claims, or offers warranties related to Product X, those performance |
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claims and warranties are such Commercial Contributor's responsibility |
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alone. Under this section, the Commercial Contributor would have to |
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defend claims against the other Contributors related to those performance |
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claims and warranties, and if a court requires any other Contributor to |
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pay any damages as a result, the Commercial Contributor must pay |
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those damages. |
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5. NO WARRANTY |
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT |
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PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS" |
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BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
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IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF |
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TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR |
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PURPOSE. Each Recipient is solely responsible for determining the |
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appropriateness of using and distributing the Program and assumes all |
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risks associated with its exercise of rights under this Agreement, |
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including but not limited to the risks and costs of program errors, |
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compliance with applicable laws, damage to or loss of data, programs |
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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, AND TO THE EXTENT |
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PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS |
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SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, |
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EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
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PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN |
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CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
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ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE |
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EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE |
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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 |
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applicable law, it shall not affect the validity or enforceability of |
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the remainder of the terms of this Agreement, and without further |
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action by the parties hereto, such provision shall be reformed to the |
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minimum extent necessary to make such provision valid and enforceable. |
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If Recipient institutes patent litigation against any entity |
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(including a cross-claim or counterclaim in a lawsuit) alleging that the |
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Program itself (excluding combinations of the Program with other software |
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or hardware) infringes such Recipient's patent(s), then such Recipient's |
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rights granted under Section 2(b) shall terminate as of the date such |
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litigation is filed. |
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All Recipient's rights under this Agreement shall terminate if it |
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fails to comply with any of the material terms or conditions of this |
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Agreement and does not cure such failure in a reasonable period of |
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time after becoming aware of such noncompliance. If all Recipient's |
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rights under this Agreement terminate, Recipient agrees to cease use |
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and distribution of the Program as soon as reasonably practicable. |
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However, Recipient's obligations under this Agreement and any licenses |
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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, |
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but in order to avoid inconsistency the Agreement is copyrighted and |
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may only be modified in the following manner. The Agreement Steward |
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reserves the right to publish new versions (including revisions) of |
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this Agreement from time to time. No one other than the Agreement |
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Steward has the right to modify this Agreement. The Eclipse Foundation |
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is the initial Agreement Steward. The Eclipse Foundation may assign the |
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responsibility to serve as the Agreement Steward to a suitable separate |
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entity. Each new version of the Agreement will be given a distinguishing |
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version number. The Program (including Contributions) may always be |
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Distributed subject to the version of the Agreement under which it was |
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received. In addition, after a new version of the Agreement is published, |
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Contributor may elect to Distribute the Program (including its |
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Contributions) under the new version. |
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Except as expressly stated in Sections 2(a) and 2(b) above, Recipient |
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receives no rights or licenses to the intellectual property of any |
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Contributor under this Agreement, whether expressly, by implication, |
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estoppel or otherwise. All rights in the Program not expressly granted |
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under this Agreement are reserved. Nothing in this Agreement is intended |
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to be enforceable by any entity that is not a Contributor or Recipient. |
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No third-party beneficiary rights are created under this Agreement. |
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Exhibit A - Form of Secondary Licenses Notice |
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"This Source Code may also be made available under the following |
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Secondary Licenses when the conditions for such availability set forth |
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in the Eclipse Public License, v. 2.0 are satisfied: {name license(s), |
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version(s), and exceptions or additional permissions here}." |
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Simply including a copy of this Agreement, including this Exhibit A |
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is not sufficient to license the Source Code under Secondary Licenses. |
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If it is not possible or desirable to put the notice in a particular |
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file, then You may include the notice in a location (such as a LICENSE |
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file in a relevant directory) where a recipient would be likely to |
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look for such a notice. |
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You may add additional accurate notices of copyright ownership. |