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| 7 | <title>Eclipse Public License - Version 1.0</title> | 
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| 27 |  | 
| 28 | <body lang="EN-US"> | 
| 29 |  | 
| 30 | <h2>Eclipse Public License - v 1.0</h2> | 
| 31 |  | 
| 32 | <p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
 | 
| 33 | PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR | 
| 34 | DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS | 
| 35 | AGREEMENT.</p>
 | 
| 36 |  | 
| 37 | <p><b>1. DEFINITIONS</b></p> | 
| 38 |  | 
| 39 | <p>"Contribution" means:</p> | 
| 40 |  | 
| 41 | <p class="list">a) in the case of the initial Contributor, the initial | 
| 42 | code and documentation distributed under this Agreement, and</p>
 | 
| 43 | <p class="list">b) in the case of each subsequent Contributor:</p> | 
| 44 | <p class="list">i) changes to the Program, and</p> | 
| 45 | <p class="list">ii) additions to the Program;</p> | 
| 46 | <p class="list">where such changes and/or additions to the Program | 
| 47 | originate from and are distributed by that particular Contributor. A | 
| 48 | Contribution 'originates' from a Contributor if it was added to the | 
| 49 | Program by such Contributor itself or anyone acting on such | 
| 50 | Contributor's behalf. Contributions do not include additions to the | 
| 51 | Program which: (i) are separate modules of software distributed in | 
| 52 | conjunction with the Program under their own license agreement, and (ii) | 
| 53 | are not derivative works of the Program.</p>
 | 
| 54 |  | 
| 55 | <p>"Contributor" means any person or entity that distributes | 
| 56 | the Program.</p>
 | 
| 57 |  | 
| 58 | <p>"Licensed Patents" mean patent claims licensable by a | 
| 59 | Contributor which are necessarily infringed by the use or sale of its | 
| 60 | Contribution alone or when combined with the Program.</p>
 | 
| 61 |  | 
| 62 | <p>"Program" means the Contributions distributed in accordance | 
| 63 | with this Agreement.</p>
 | 
| 64 |  | 
| 65 | <p>"Recipient" means anyone who receives the Program under | 
| 66 | this Agreement, including all Contributors.</p>
 | 
| 67 |  | 
| 68 | <p><b>2. GRANT OF RIGHTS</b></p> | 
| 69 |  | 
| 70 | <p class="list">a) Subject to the terms of this Agreement, each | 
| 71 | Contributor hereby grants Recipient a non-exclusive, worldwide, | 
| 72 | royalty-free copyright license to reproduce, prepare derivative works | 
| 73 | of, publicly display, publicly perform, distribute and sublicense the | 
| 74 | Contribution of such Contributor, if any, and such derivative works, in | 
| 75 | source code and object code form.</p>
 | 
| 76 |  | 
| 77 | <p class="list">b) Subject to the terms of this Agreement, each | 
| 78 | Contributor hereby grants Recipient a non-exclusive, worldwide, | 
| 79 | royalty-free patent license under Licensed Patents to make, use, sell, | 
| 80 | offer to sell, import and otherwise transfer the Contribution of such | 
| 81 | Contributor, if any, in source code and object code form. This patent | 
| 82 | license shall apply to the combination of the Contribution and the | 
| 83 | Program if, at the time the Contribution is added by the Contributor, | 
| 84 | such addition of the Contribution causes such combination to be covered | 
| 85 | by the Licensed Patents. The patent license shall not apply to any other | 
| 86 | combinations which include the Contribution. No hardware per se is | 
| 87 | licensed hereunder.</p>
 | 
| 88 |  | 
| 89 | <p class="list">c) Recipient understands that although each Contributor | 
| 90 | grants the licenses to its Contributions set forth herein, no assurances | 
| 91 | are provided by any Contributor that the Program does not infringe the | 
| 92 | patent or other intellectual property rights of any other entity. Each | 
| 93 | Contributor disclaims any liability to Recipient for claims brought by | 
| 94 | any other entity based on infringement of intellectual property rights | 
| 95 | or otherwise. As a condition to exercising the rights and licenses | 
| 96 | granted hereunder, each Recipient hereby assumes sole responsibility to | 
| 97 | secure any other intellectual property rights needed, if any. For | 
| 98 | example, if a third party patent license is required to allow Recipient | 
| 99 | to distribute the Program, it is Recipient's responsibility to acquire | 
| 100 | that license before distributing the Program.</p>
 | 
| 101 |  | 
| 102 | <p class="list">d) Each Contributor represents that to its knowledge it | 
| 103 | has sufficient copyright rights in its Contribution, if any, to grant | 
| 104 | the copyright license set forth in this Agreement.</p>
 | 
| 105 |  | 
| 106 | <p><b>3. REQUIREMENTS</b></p> | 
| 107 |  | 
| 108 | <p>A Contributor may choose to distribute the Program in object code
 | 
| 109 | form under its own license agreement, provided that:</p>
 | 
| 110 |  | 
| 111 | <p class="list">a) it complies with the terms and conditions of this | 
| 112 | Agreement; and</p>
 | 
| 113 |  | 
| 114 | <p class="list">b) its license agreement:</p> | 
| 115 |  | 
| 116 | <p class="list">i) effectively disclaims on behalf of all Contributors | 
| 117 | all warranties and conditions, express and implied, including warranties | 
| 118 | or conditions of title and non-infringement, and implied warranties or | 
| 119 | conditions of merchantability and fitness for a particular purpose;</p>
 | 
| 120 |  | 
| 121 | <p class="list">ii) effectively excludes on behalf of all Contributors | 
| 122 | all liability for damages, including direct, indirect, special, | 
| 123 | incidental and consequential damages, such as lost profits;</p>
 | 
| 124 |  | 
| 125 | <p class="list">iii) states that any provisions which differ from this | 
| 126 | Agreement are offered by that Contributor alone and not by any other | 
| 127 | party; and</p>
 | 
| 128 |  | 
| 129 | <p class="list">iv) states that source code for the Program is available | 
| 130 | from such Contributor, and informs licensees how to obtain it in a | 
| 131 | reasonable manner on or through a medium customarily used for software | 
| 132 | exchange.</p>
 | 
| 133 |  | 
| 134 | <p>When the Program is made available in source code form:</p> | 
| 135 |  | 
| 136 | <p class="list">a) it must be made available under this Agreement; and</p> | 
| 137 |  | 
| 138 | <p class="list">b) a copy of this Agreement must be included with each | 
| 139 | copy of the Program.</p>
 | 
| 140 |  | 
| 141 | <p>Contributors may not remove or alter any copyright notices contained
 | 
| 142 | within the Program.</p>
 | 
| 143 |  | 
| 144 | <p>Each Contributor must identify itself as the originator of its
 | 
| 145 | Contribution, if any, in a manner that reasonably allows subsequent | 
| 146 | Recipients to identify the originator of the Contribution.</p>
 | 
| 147 |  | 
| 148 | <p><b>4. COMMERCIAL DISTRIBUTION</b></p> | 
| 149 |  | 
| 150 | <p>Commercial distributors of software may accept certain
 | 
| 151 | responsibilities with respect to end users, business partners and the | 
| 152 | like. While this license is intended to facilitate the commercial use of | 
| 153 | the Program, the Contributor who includes the Program in a commercial | 
| 154 | product offering should do so in a manner which does not create | 
| 155 | potential liability for other Contributors. Therefore, if a Contributor | 
| 156 | includes the Program in a commercial product offering, such Contributor | 
| 157 | ("Commercial Contributor") hereby agrees to defend and | 
| 158 | indemnify every other Contributor ("Indemnified Contributor") | 
| 159 | against any losses, damages and costs (collectively "Losses") | 
| 160 | arising from claims, lawsuits and other legal actions brought by a third | 
| 161 | party against the Indemnified Contributor to the extent caused by the | 
| 162 | acts or omissions of such Commercial Contributor in connection with its | 
| 163 | distribution of the Program in a commercial product offering. The | 
| 164 | obligations in this section do not apply to any claims or Losses | 
| 165 | relating to any actual or alleged intellectual property infringement. In | 
| 166 | order to qualify, an Indemnified Contributor must: a) promptly notify | 
| 167 | the Commercial Contributor in writing of such claim, and b) allow the | 
| 168 | Commercial Contributor to control, and cooperate with the Commercial | 
| 169 | Contributor in, the defense and any related settlement negotiations. The | 
| 170 | Indemnified Contributor may participate in any such claim at its own | 
| 171 | expense.</p>
 | 
| 172 |  | 
| 173 | <p>For example, a Contributor might include the Program in a commercial
 | 
| 174 | product offering, Product X. That Contributor is then a Commercial | 
| 175 | Contributor. If that Commercial Contributor then makes performance | 
| 176 | claims, or offers warranties related to Product X, those performance | 
| 177 | claims and warranties are such Commercial Contributor's responsibility | 
| 178 | alone. Under this section, the Commercial Contributor would have to | 
| 179 | defend claims against the other Contributors related to those | 
| 180 | performance claims and warranties, and if a court requires any other | 
| 181 | Contributor to pay any damages as a result, the Commercial Contributor | 
| 182 | must pay those damages.</p>
 | 
| 183 |  | 
| 184 | <p><b>5. NO WARRANTY</b></p> | 
| 185 |  | 
| 186 | <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
 | 
| 187 | PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS | 
| 188 | OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, | 
| 189 | ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY | 
| 190 | OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely | 
| 191 | responsible for determining the appropriateness of using and | 
| 192 | distributing the Program and assumes all risks associated with its | 
| 193 | exercise of rights under this Agreement , including but not limited to | 
| 194 | the risks and costs of program errors, compliance with applicable laws, | 
| 195 | damage to or loss of data, programs or equipment, and unavailability or | 
| 196 | interruption of operations.</p>
 | 
| 197 |  | 
| 198 | <p><b>6. DISCLAIMER OF LIABILITY</b></p> | 
| 199 |  | 
| 200 | <p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
 | 
| 201 | NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, | 
| 202 | INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING | 
| 203 | WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF | 
| 204 | LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING | 
| 205 | NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR | 
| 206 | DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED | 
| 207 | HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.</p>
 | 
| 208 |  | 
| 209 | <p><b>7. GENERAL</b></p> | 
| 210 |  | 
| 211 | <p>If any provision of this Agreement is invalid or unenforceable under
 | 
| 212 | applicable law, it shall not affect the validity or enforceability of | 
| 213 | the remainder of the terms of this Agreement, and without further action | 
| 214 | by the parties hereto, such provision shall be reformed to the minimum | 
| 215 | extent necessary to make such provision valid and enforceable.</p>
 | 
| 216 |  | 
| 217 | <p>If Recipient institutes patent litigation against any entity
 | 
| 218 | (including a cross-claim or counterclaim in a lawsuit) alleging that the | 
| 219 | Program itself (excluding combinations of the Program with other | 
| 220 | software or hardware) infringes such Recipient's patent(s), then such | 
| 221 | Recipient's rights granted under Section 2(b) shall terminate as of the | 
| 222 | date such litigation is filed.</p>
 | 
| 223 |  | 
| 224 | <p>All Recipient's rights under this Agreement shall terminate if it
 | 
| 225 | fails to comply with any of the material terms or conditions of this | 
| 226 | Agreement and does not cure such failure in a reasonable period of time | 
| 227 | after becoming aware of such noncompliance. If all Recipient's rights | 
| 228 | under this Agreement terminate, Recipient agrees to cease use and | 
| 229 | distribution of the Program as soon as reasonably practicable. However, | 
| 230 | Recipient's obligations under this Agreement and any licenses granted by | 
| 231 | Recipient relating to the Program shall continue and survive.</p>
 | 
| 232 |  | 
| 233 | <p>Everyone is permitted to copy and distribute copies of this
 | 
| 234 | Agreement, but in order to avoid inconsistency the Agreement is | 
| 235 | copyrighted and may only be modified in the following manner. The | 
| 236 | Agreement Steward reserves the right to publish new versions (including | 
| 237 | revisions) of this Agreement from time to time. No one other than the | 
| 238 | Agreement Steward has the right to modify this Agreement. The Eclipse | 
| 239 | Foundation is the initial Agreement Steward. The Eclipse Foundation may | 
| 240 | assign the responsibility to serve as the Agreement Steward to a | 
| 241 | suitable separate entity. Each new version of the Agreement will be | 
| 242 | given a distinguishing version number. The Program (including | 
| 243 | Contributions) may always be distributed subject to the version of the | 
| 244 | Agreement under which it was received. In addition, after a new version | 
| 245 | of the Agreement is published, Contributor may elect to distribute the | 
| 246 | Program (including its Contributions) under the new version. Except as | 
| 247 | expressly stated in Sections 2(a) and 2(b) above, Recipient receives no | 
| 248 | rights or licenses to the intellectual property of any Contributor under | 
| 249 | this Agreement, whether expressly, by implication, estoppel or | 
| 250 | otherwise. All rights in the Program not expressly granted under this | 
| 251 | Agreement are reserved.</p>
 | 
| 252 |  | 
| 253 | <p>This Agreement is governed by the laws of the State of New York and
 | 
| 254 | the intellectual property laws of the United States of America. No party | 
| 255 | to this Agreement will bring a legal action under this Agreement more | 
| 256 | than one year after the cause of action arose. Each party waives its | 
| 257 | rights to a jury trial in any resulting litigation.</p>
 | 
| 258 |  | 
| 259 | </body>
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| 261 | </html>
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