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| -Eclipse Public License - v 1.0 |
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| - |
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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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| - |
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| -1. DEFINITIONS |
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| - |
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| -"Contribution" means: |
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| - |
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| -a) in the case of the initial Contributor, the initial code and documentation |
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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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| - |
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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 |
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| - itself or anyone acting on such Contributor's behalf. Contributions do not |
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| - include additions to the Program which: (i) are separate modules of |
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| - software distributed in conjunction with the Program under their own |
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| - license agreement, and (ii) are not derivative works of the Program. |
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| - |
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| -"Contributor" means any person or entity that distributes the Program. |
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| - |
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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 when |
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| -combined with the Program. |
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| - |
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| -"Program" means the Contributions distributed in accordance with this |
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| -Agreement. |
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| - |
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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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| - |
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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 Contributor, |
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| - 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 |
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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 otherwise |
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| - transfer the Contribution of such Contributor, if any, in source code and |
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| - object code form. This patent license shall apply to the combination of |
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| - the Contribution and the Program if, at the time the Contribution is |
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| - added by the Contributor, such addition of the Contribution causes such |
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| - combination to be covered by the Licensed Patents. The patent license |
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| - shall not apply to any other 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 licenses |
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| - to its Contributions set forth herein, no assurances are provided by any |
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| - Contributor that the Program does not infringe the patent or other |
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| - intellectual property rights of any other entity. Each Contributor |
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| - disclaims any liability to Recipient for claims brought by any other |
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| - entity based on infringement of intellectual property rights or |
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| - otherwise. As a condition to exercising the rights and licenses granted |
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| - hereunder, each Recipient hereby assumes sole responsibility to secure |
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| - any other intellectual property rights needed, if any. For example, if a |
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| - third party patent license is required to allow Recipient to distribute |
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| - the 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 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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| - |
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| -3. REQUIREMENTS |
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| - |
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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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| - |
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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 for |
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| - 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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| - |
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| -When the Program is made available in source code form: |
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| - |
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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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| - |
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| -Each Contributor must identify itself as the originator of its Contribution, |
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| -if |
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| -any, in a manner that reasonably allows subsequent Recipients to identify the |
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| -originator of the Contribution. |
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| - |
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| -4. COMMERCIAL DISTRIBUTION |
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| - |
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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, such |
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| -Contributor ("Commercial Contributor") hereby agrees to defend and indemnify |
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| -every other Contributor ("Indemnified Contributor") against any losses, |
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| -damages and costs (collectively "Losses") arising from claims, lawsuits and |
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| -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 Commercial |
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| -Contributor in connection with its distribution of the Program in a commercial |
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| -product offering. The obligations in this section do not apply to any claims |
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| -or Losses relating to any actual or alleged intellectual property |
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| -infringement. In order to qualify, an Indemnified Contributor must: |
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| -a) promptly notify the Commercial Contributor in writing of such claim, and |
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| -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 claim at |
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| -its own expense. |
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| - |
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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. If |
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| -that Commercial Contributor then makes performance claims, or offers |
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| -warranties related to Product X, those performance claims and warranties are |
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| -such Commercial Contributor's responsibility alone. Under this section, the |
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| -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, the |
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| -Commercial Contributor must pay those damages. |
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| - |
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| -5. NO WARRANTY |
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| - |
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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. Each |
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| -Recipient is solely responsible for determining the appropriateness of using |
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| -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 or interruption of |
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| -operations. |
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| - |
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| -6. DISCLAIMER OF LIABILITY |
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| - |
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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 POSSIBILITY |
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| -OF SUCH DAMAGES. |
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| - |
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| -7. GENERAL |
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| - |
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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 the |
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| -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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| - |
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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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| - |
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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 does |
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| -not cure such failure in a reasonable period of time after becoming aware of |
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| -such noncompliance. If all Recipient's rights under this Agreement terminate, |
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| -Recipient agrees to cease use and distribution of the Program as soon as |
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| -reasonably practicable. However, Recipient's obligations under this Agreement |
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| -and any licenses granted by Recipient relating to the Program shall continue |
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| -and survive. |
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| - |
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| -Everyone is permitted to copy and distribute copies of this Agreement, but in |
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| -order to avoid inconsistency the Agreement is copyrighted and may only be |
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| -modified in the following manner. The Agreement Steward reserves the right to |
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| -publish new versions (including revisions) of this Agreement from time to |
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| -time. No one other than the Agreement Steward has the right to modify this |
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| -Agreement. The Eclipse Foundation is the initial Agreement Steward. The |
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| -Eclipse Foundation may assign the responsibility to serve as the Agreement |
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| -Steward to a suitable separate entity. Each new version of the Agreement will |
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| -be given a distinguishing version number. The Program (including |
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| -Contributions) may always be distributed subject to the version of the |
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| -Agreement under which it was received. In addition, after a new version of the |
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| -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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| - |
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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 this |
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| -Agreement will bring a legal action under this Agreement more than one year |
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| -after the cause of action arose. Each party waives its rights to a jury trial in |
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| -any resulting litigation. |
| 1 | +Copyright (c) 2014 Hostnetbv |
| 2 | + |
| 3 | + Permission is hereby granted, free of charge, to any person |
| 4 | + obtaining a copy of this software and associated documentation |
| 5 | + files (the "Software"), to deal in the Software without |
| 6 | + restriction, including without limitation the rights to use, |
| 7 | + copy, modify, merge, publish, distribute, sublicense, and/or sell |
| 8 | + copies of the Software, and to permit persons to whom the |
| 9 | + Software is furnished to do so, subject to the following |
| 10 | + conditions: |
| 11 | + |
| 12 | + The above copyright notice and this permission notice shall be |
| 13 | + included in all copies or substantial portions of the Software. |
| 14 | + |
| 15 | + THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, |
| 16 | + EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES |
| 17 | + OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND |
| 18 | + NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT |
| 19 | + HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, |
| 20 | + WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING |
| 21 | + FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR |
| 22 | + OTHER DEALINGS IN THE SOFTWARE. |
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