204 lines
		
	
	
		
			11 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
			
		
		
	
	
			204 lines
		
	
	
		
			11 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
| 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.
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