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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
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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
-distributed by that particular Contributor. A Contribution 'originates' from
-a Contributor if it was added to the Program by such Contributor itself or
-anyone acting on such Contributor's behalf. Contributions do not include
-additions to the Program which: (i) are separate modules of software
-distributed in conjunction with the Program under their own license
-agreement, and (ii) are not derivative works of the Program.
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-"Contributor" means any person or entity that distributes the Program.
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-"Licensed Patents" mean patent claims licensable by a Contributor which are
-necessarily infringed by the use or sale of its Contribution alone or when
-combined with the Program.
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-"Program" means the Contributions distributed in accordance with this
-Agreement.
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-"Recipient" means anyone who receives the Program under this Agreement,
-including all Contributors.
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-2. GRANT OF RIGHTS
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-a) Subject to the terms of this Agreement, each Contributor hereby grants
-Recipient a non-exclusive, worldwide, royalty-free copyright license to
-reproduce, prepare derivative works of, publicly display, publicly perform,
-distribute and sublicense the Contribution of such Contributor, if any, and
-such derivative works, in source code and object code form.
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-b) Subject to the terms of this Agreement, each Contributor hereby grants
-Recipient a non-exclusive, worldwide, royalty-free patent license under
-Licensed Patents to make, use, sell, offer to sell, import and otherwise
-transfer the Contribution of such Contributor, if any, in source code and
-object code form. This patent license shall apply to the combination of the
-Contribution and the Program if, at the time the Contribution is added by the
-Contributor, such addition of the Contribution causes such combination to be
-covered by the Licensed Patents. The patent license shall not apply to any
-other combinations which include the Contribution. No hardware per se is
-licensed hereunder.
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-c) Recipient understands that although each Contributor grants the licenses
-to its Contributions set forth herein, no assurances are provided by any
-Contributor that the Program does not infringe the patent or other
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-infringement of intellectual property rights or otherwise. As a condition to
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-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
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-ii) effectively excludes on behalf of all Contributors all liability for
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-iii) states that any provisions which differ from this Agreement are offered
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-iv) states that source code for the Program is available from such
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-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
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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
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-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 tocontrol, 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
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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 Washington 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.