Eclipse Public License

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Eclipse Public License - v 1.0 +

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

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1. DEFINITIONS

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"Contribution" means:

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

+ +

i) +changes to the Program, and

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ii) +additions to the Program;

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

+ +

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

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

+ +

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

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

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2. GRANT OF RIGHTS

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

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

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

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

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3. REQUIREMENTS

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

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

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b) +its license agreement:

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

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

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

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

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

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

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

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

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

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4. COMMERCIAL DISTRIBUTION

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

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

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5. NO WARRANTY

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

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6. DISCLAIMER OF LIABILITY

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

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7. GENERAL

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

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

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

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

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

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