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552 lines
27 KiB
552 lines
27 KiB
H2 is dual licensed and available under the MPL 2.0 (Mozilla Public License |
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Version 2.0) or under the EPL 1.0 (Eclipse Public License). |
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Mozilla Public License, version 2.0 |
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1. Definitions |
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1.1. “Contributor” |
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means each individual or legal entity that creates, contributes to the |
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creation of, or owns Covered Software. |
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1.2. “Contributor Version” |
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means the combination of the Contributions of others (if any) used by a |
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Contributor and that particular Contributor’s Contribution. |
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1.3. “Contribution” |
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means Covered Software of a particular Contributor. |
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1.4. “Covered Software” |
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means Source Code Form to which the initial Contributor has attached the |
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notice in Exhibit A, the Executable Form of such Source Code Form, |
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and Modifications of such Source Code Form, in each case |
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including portions thereof. |
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1.5. “Incompatible With Secondary Licenses” |
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means |
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a. that the initial Contributor has attached the notice described |
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in Exhibit B to the Covered Software; or |
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b. that the Covered Software was made available under the terms of |
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version 1.1 or earlier of the License, but not also under the terms |
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of a Secondary License. |
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1.6. “Executable Form” |
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means any form of the work other than Source Code Form. |
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1.7. “Larger Work” |
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means a work that combines Covered Software with other material, |
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in a separate file or files, that is not Covered Software. |
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1.8. “License” |
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means this document. |
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1.9. “Licensable” |
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means having the right to grant, to the maximum extent possible, |
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whether at the time of the initial grant or subsequently, |
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any and all of the rights conveyed by this License. |
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1.10. “Modifications” |
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means any of the following: |
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a. any file in Source Code Form that results from an addition to, |
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deletion from, or modification of the contents of Covered Software; or |
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b. any new file in Source Code Form that contains any Covered Software. |
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1.11. “Patent Claims” of a Contributor |
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means any patent claim(s), including without limitation, method, process, |
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and apparatus claims, in any patent Licensable by such Contributor that |
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would be infringed, but for the grant of the License, by the making, |
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using, selling, offering for sale, having made, import, or transfer of |
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either its Contributions or its Contributor Version. |
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1.12. “Secondary License” |
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means either the GNU General Public License, Version 2.0, the |
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GNU Lesser General Public License, Version 2.1, the GNU Affero General |
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Public License, Version 3.0, or any later versions of those licenses. |
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1.13. “Source Code Form” |
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means the form of the work preferred for making modifications. |
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1.14. “You” (or “Your”) |
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means an individual or a legal entity exercising rights under this License. |
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For legal entities, “You” includes any entity that controls, |
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is controlled by, or is under common control with You. For purposes of |
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this definition, “control” means (a) the power, direct or indirect, |
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to cause the direction or management of such entity, whether by contract |
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or otherwise, or (b) ownership of more than fifty percent (50%) of the |
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outstanding shares or beneficial ownership of such entity. |
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2. License Grants and Conditions |
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2.1. Grants |
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Each Contributor hereby grants You a world-wide, royalty-free, |
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non-exclusive license: |
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a. under intellectual property rights (other than patent or trademark) |
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Licensable by such Contributor to use, reproduce, make available, |
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modify, display, perform, distribute, and otherwise exploit its |
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Contributions, either on an unmodified basis, with Modifications, |
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or as part of a Larger Work; and |
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b. under Patent Claims of such Contributor to make, use, sell, |
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offer for sale, have made, import, and otherwise transfer either |
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its Contributions or its Contributor Version. |
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2.2. Effective Date |
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The licenses granted in Section 2.1 with respect to any Contribution |
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become effective for each Contribution on the date the Contributor |
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first distributes such Contribution. |
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2.3. Limitations on Grant Scope |
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The licenses granted in this Section 2 are the only rights granted |
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under this License. No additional rights or licenses will be implied |
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from the distribution or licensing of Covered Software under this License. |
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Notwithstanding Section 2.1(b) above, no patent license is granted |
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by a Contributor: |
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a. for any code that a Contributor has removed from |
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Covered Software; or |
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b. for infringements caused by: (i) Your and any other third party’s |
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modifications of Covered Software, or (ii) the combination of its |
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Contributions with other software (except as part of its |
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Contributor Version); or |
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c. under Patent Claims infringed by Covered Software in the |
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absence of its Contributions. |
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This License does not grant any rights in the trademarks, service marks, |
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or logos of any Contributor (except as may be necessary to comply with |
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the notice requirements in Section 3.4). |
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2.4. Subsequent Licenses |
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No Contributor makes additional grants as a result of Your choice to |
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distribute the Covered Software under a subsequent version of this |
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License (see Section 10.2) or under the terms of a Secondary License |
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(if permitted under the terms of Section 3.3). |
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2.5. Representation |
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Each Contributor represents that the Contributor believes its |
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Contributions are its original creation(s) or it has sufficient rights |
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to grant the rights to its Contributions conveyed by this License. |
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2.6. Fair Use |
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This License is not intended to limit any rights You have under |
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applicable copyright doctrines of fair use, fair dealing, |
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or other equivalents. |
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2.7. Conditions |
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Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the |
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licenses granted in Section 2.1. |
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3. Responsibilities |
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3.1. Distribution of Source Form |
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All distribution of Covered Software in Source Code Form, including |
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any Modifications that You create or to which You contribute, must be |
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under the terms of this License. You must inform recipients that the |
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Source Code Form of the Covered Software is governed by the terms |
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of this License, and how they can obtain a copy of this License. |
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You may not attempt to alter or restrict the recipients’ rights |
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in the Source Code Form. |
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3.2. Distribution of Executable Form |
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If You distribute Covered Software in Executable Form then: |
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a. such Covered Software must also be made available in Source Code |
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Form, as described in Section 3.1, and You must inform recipients of |
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the Executable Form how they can obtain a copy of such Source Code |
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Form by reasonable means in a timely manner, at a charge no more than |
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the cost of distribution to the recipient; and |
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b. You may distribute such Executable Form under the terms of this |
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License, or sublicense it under different terms, provided that the |
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license for the Executable Form does not attempt to limit or alter |
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the recipients’ rights in the Source Code Form under this License. |
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3.3. Distribution of a Larger Work |
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You may create and distribute a Larger Work under terms of Your choice, |
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provided that You also comply with the requirements of this License for |
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the Covered Software. If the Larger Work is a combination of |
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Covered Software with a work governed by one or more Secondary Licenses, |
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and the Covered Software is not Incompatible With Secondary Licenses, |
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this License permits You to additionally distribute such Covered Software |
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under the terms of such Secondary License(s), so that the recipient of |
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the Larger Work may, at their option, further distribute the |
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Covered Software under the terms of either this License or such |
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Secondary License(s). |
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3.4. Notices |
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You may not remove or alter the substance of any license notices |
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(including copyright notices, patent notices, disclaimers of warranty, |
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or limitations of liability) contained within the Source Code Form of |
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the Covered Software, except that You may alter any license notices to |
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the extent required to remedy known factual inaccuracies. |
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3.5. Application of Additional Terms |
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You may choose to offer, and to charge a fee for, warranty, support, |
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indemnity or liability obligations to one or more recipients of |
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Covered Software. However, You may do so only on Your own behalf, |
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and not on behalf of any Contributor. You must make it absolutely clear |
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that any such warranty, support, indemnity, or liability obligation is |
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offered by You alone, and You hereby agree to indemnify every Contributor |
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for any liability incurred by such Contributor as a result of warranty, |
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support, indemnity or liability terms You offer. You may include |
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additional disclaimers of warranty and limitations of liability |
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specific to any jurisdiction. |
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4. Inability to Comply Due to Statute or Regulation |
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If it is impossible for You to comply with any of the terms of this License |
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with respect to some or all of the Covered Software due to statute, |
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judicial order, or regulation then You must: (a) comply with the terms of |
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this License to the maximum extent possible; and (b) describe the limitations |
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and the code they affect. Such description must be placed in a text file |
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included with all distributions of the Covered Software under this License. |
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Except to the extent prohibited by statute or regulation, such description |
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must be sufficiently detailed for a recipient of ordinary skill |
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to be able to understand it. |
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5. Termination |
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5.1. The rights granted under this License will terminate automatically |
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if You fail to comply with any of its terms. However, if You become |
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compliant, then the rights granted under this License from a particular |
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Contributor are reinstated (a) provisionally, unless and until such |
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Contributor explicitly and finally terminates Your grants, and (b) on an |
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ongoing basis, if such Contributor fails to notify You of the |
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non-compliance by some reasonable means prior to 60 days after You have |
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come back into compliance. Moreover, Your grants from a particular |
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Contributor are reinstated on an ongoing basis if such Contributor |
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notifies You of the non-compliance by some reasonable means, |
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this is the first time You have received notice of non-compliance with |
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this License from such Contributor, and You become compliant prior to |
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30 days after Your receipt of the notice. |
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5.2. If You initiate litigation against any entity by asserting a patent |
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infringement claim (excluding declaratory judgment actions, |
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counter-claims, and cross-claims) alleging that a Contributor Version |
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directly or indirectly infringes any patent, then the rights granted |
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to You by any and all Contributors for the Covered Software under |
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Section 2.1 of this License shall terminate. |
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5.3. In the event of termination under Sections 5.1 or 5.2 above, all |
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end user license agreements (excluding distributors and resellers) which |
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have been validly granted by You or Your distributors under this License |
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prior to termination shall survive termination. |
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6. Disclaimer of Warranty |
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Covered Software is provided under this License on an “as is” basis, without |
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warranty of any kind, either expressed, implied, or statutory, including, |
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without limitation, warranties that the Covered Software is free of defects, |
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merchantable, fit for a particular purpose or non-infringing. The entire risk |
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as to the quality and performance of the Covered Software is with You. |
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Should any Covered Software prove defective in any respect, You |
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(not any Contributor) assume the cost of any necessary servicing, repair, |
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or correction. This disclaimer of warranty constitutes an essential part of |
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this License. No use of any Covered Software is authorized under this |
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License except under this disclaimer. |
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7. Limitation of Liability |
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Under no circumstances and under no legal theory, whether tort |
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(including negligence), contract, or otherwise, shall any Contributor, or |
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anyone who distributes Covered Software as permitted above, be liable to |
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You for any direct, indirect, special, incidental, or consequential damages |
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of any character including, without limitation, damages for lost profits, |
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loss of goodwill, work stoppage, computer failure or malfunction, or any and |
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all other commercial damages or losses, even if such party shall have been |
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informed of the possibility of such damages. This limitation of liability |
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shall not apply to liability for death or personal injury resulting from |
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such party’s negligence to the extent applicable law prohibits such |
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limitation. Some jurisdictions do not allow the exclusion or limitation of |
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incidental or consequential damages, so this exclusion and limitation may |
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not apply to You. |
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8. Litigation |
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Any litigation relating to this License may be brought only in the courts of |
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a jurisdiction where the defendant maintains its principal place of business |
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and such litigation shall be governed by laws of that jurisdiction, without |
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reference to its conflict-of-law provisions. Nothing in this Section shall |
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prevent a party’s ability to bring cross-claims or counter-claims. |
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9. Miscellaneous |
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This License represents the complete agreement concerning the subject matter |
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hereof. If any provision of this License is held to be unenforceable, |
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such provision shall be reformed only to the extent necessary to make it |
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enforceable. Any law or regulation which provides that the language of a |
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contract shall be construed against the drafter shall not be used to construe |
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this License against a Contributor. |
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10. Versions of the License |
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10.1. New Versions |
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Mozilla Foundation is the license steward. Except as provided in |
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Section 10.3, no one other than the license steward has the right to |
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modify or publish new versions of this License. Each version will be |
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given a distinguishing version number. |
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10.2. Effect of New Versions |
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You may distribute the Covered Software under the terms of the version |
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of the License under which You originally received the Covered Software, |
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or under the terms of any subsequent version published |
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by the license steward. |
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10.3. Modified Versions |
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If you create software not governed by this License, and you want to |
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create a new license for such software, you may create and use a modified |
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version of this License if you rename the license and remove any |
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references to the name of the license steward (except to note that such |
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modified license differs from this License). |
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10.4. Distributing Source Code Form that is |
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Incompatible With Secondary Licenses |
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If You choose to distribute Source Code Form that is |
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Incompatible With Secondary Licenses under the terms of this version of |
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the License, the notice described in Exhibit B of this |
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License must be attached. |
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Exhibit A - Source Code Form License Notice |
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This Source Code Form is subject to the terms of the |
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Mozilla Public License, v. 2.0. If a copy of the MPL was not distributed |
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with this file, You can obtain one at http://mozilla.org/MPL/2.0/. |
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If it is not possible or desirable to put the notice in a particular file, |
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then You may include the notice in a location (such as a LICENSE file in a |
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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. |
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Exhibit B - “Incompatible With Secondary Licenses” Notice |
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This Source Code Form is “Incompatible With Secondary Licenses”, |
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as defined by the Mozilla Public License, v. 2.0. |
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------------------------------------------------------------------------------- |
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Eclipse Public License, Version 1.0 (EPL-1.0) |
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC |
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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
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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 |
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documentation 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 and are |
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distributed by that particular Contributor. A Contribution 'originates' |
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from a Contributor if it was added to the Program by such Contributor itself |
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or anyone acting on such Contributor's behalf. Contributions do not include |
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additions to the Program which: (i) are separate modules of software |
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distributed in conjunction with the Program under their own license agreement, |
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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 |
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necessarily infringed by the use or sale of its Contribution alone or |
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when combined with the Program. |
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"Program" means the Contributions distributed in accordance with |
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this Agreement. |
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"Recipient" means anyone who receives the Program under this Agreement, |
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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 |
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Recipient a non-exclusive, worldwide, royalty-free copyright license to |
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reproduce, prepare derivative works of, publicly display, publicly |
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perform, distribute and sublicense the Contribution of such |
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Contributor, if any, and such derivative works, |
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in source code and object code form. |
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b) Subject to the terms of this Agreement, each Contributor hereby grants |
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Recipient a non-exclusive, worldwide, royalty-free patent license under |
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Licensed Patents to make, use, sell, offer to sell, import and |
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otherwise transfer the Contribution of such Contributor, if any, |
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in source code and object code form. This patent license shall apply |
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to the combination of the Contribution and the Program if, at the time |
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the Contribution is added by the Contributor, such addition of the |
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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. |
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No hardware per se is 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 assumes |
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sole responsibility to secure any other intellectual property rights |
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needed, if any. For example, if a third party patent license is |
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required to allow Recipient to distribute the Program, it is |
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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 sufficient |
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copyright rights in its Contribution, if any, to grant the copyright |
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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 |
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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 |
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and conditions, express and implied, including warranties or |
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conditions of title and non-infringement, and implied warranties or |
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conditions of merchantability and fitness for a particular purpose; |
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ii) effectively excludes on behalf of all Contributors all liability |
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for damages, including direct, indirect, special, incidental and |
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consequential damages, such as lost profits; |
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iii) states that any provisions which differ from this Agreement are |
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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 |
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Contributor, and informs licensees how to obtain it in a reasonable |
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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 |
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within the Program. |
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Each Contributor must identify itself as the originator of its Contribution, |
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if any, in a manner that reasonably allows subsequent Recipients to |
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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 |
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respect to end users, business partners and the like. While this license is |
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intended to facilitate the commercial use of the Program, the Contributor who |
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includes the Program in a commercial product offering should do so in a manner |
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which does not create potential liability for other Contributors. Therefore, |
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if a Contributor includes the Program in a commercial product offering, |
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such Contributor ("Commercial Contributor") hereby agrees to defend and |
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indemnify every other Contributor ("Indemnified Contributor") against any |
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losses, damages and costs (collectively "Losses") arising from claims, |
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lawsuits and other legal actions brought by a third party against the |
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Indemnified Contributor to the extent caused by the acts or omissions of |
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such 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 apply |
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to any claims or Losses relating to any actual or alleged intellectual |
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property infringement. In order to qualify, an Indemnified Contributor must: |
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a) promptly notify the Commercial Contributor in writing of such claim, |
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and b) allow the Commercial Contributor to control, and cooperate with the |
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Commercial Contributor in, the defense and any related settlement |
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negotiations. The Indemnified Contributor may participate in any such |
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claim at its own expense. |
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For example, a Contributor might include the Program in a commercial product |
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offering, Product X. That Contributor is then a Commercial Contributor. |
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If that Commercial Contributor then makes performance claims, or offers |
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warranties related to Product X, those performance claims and warranties |
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are such Commercial Contributor's responsibility alone. Under this section, |
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the Commercial Contributor would have to defend claims against the other |
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Contributors related to those performance claims and warranties, and if a |
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court requires any other Contributor to pay any damages as a result, |
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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 |
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"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
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IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
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NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. |
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Each Recipient is solely responsible for determining the appropriateness of |
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using and distributing the Program and assumes all risks associated with its |
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exercise of rights under this Agreement , including but not limited to the |
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risks and costs of program errors, compliance with applicable laws, damage to |
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or loss of data, programs or equipment, and unavailability |
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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 |
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CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
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SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION |
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LOST 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 the |
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remainder of the terms of this Agreement, and without further action by |
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the parties hereto, such provision shall be reformed to the minimum extent |
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necessary to make such provision valid and enforceable. |
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If Recipient institutes patent litigation against any entity (including a |
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cross-claim or counterclaim in a lawsuit) alleging that the Program itself |
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(excluding combinations of the Program with other software or hardware) |
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infringes such Recipient's patent(s), then such Recipient's rights granted |
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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 |
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comply with any of the material terms or conditions of this Agreement and |
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does not cure such failure in a reasonable period of time after becoming |
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aware of such noncompliance. If all Recipient's rights under this |
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Agreement terminate, Recipient agrees to cease use and distribution of the |
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Program as soon as reasonably practicable. However, Recipient's obligations |
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under this Agreement and any licenses granted by Recipient relating to the |
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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 may |
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only be modified in the following manner. The Agreement Steward reserves |
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the right to publish new versions (including revisions) of this Agreement |
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from time to time. No one other than the Agreement Steward has the right to |
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modify this Agreement. The Eclipse Foundation is the initial |
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Agreement Steward. The Eclipse Foundation may assign the responsibility to |
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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 |
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(including Contributions) may always be distributed subject to the version |
|
of the Agreement under which it was received. In addition, after a new version |
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of the Agreement is published, Contributor may elect to distribute the Program |
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(including its Contributions) under the new version. Except as expressly |
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stated in Sections 2(a) and 2(b) above, Recipient receives no rights or |
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licenses to the intellectual property of any Contributor under this Agreement, |
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whether expressly, by implication, estoppel or otherwise. All rights in the |
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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 |
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intellectual property laws of the United States of America. No party to |
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this Agreement will bring a legal action under this Agreement more than one |
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year after the cause of action arose. Each party waives its rights to a |
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jury trial in any resulting litigation. |