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1 Some parts of this software are marked as being licensed to you under the terms
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2 of the Eclipse Public License version 1.0, as follows.
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3
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4 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
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5 PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
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6 OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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7
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8 1. DEFINITIONS
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9
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10 "Contribution" means:
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11
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12 a) in the case of the initial Contributor, the initial code and
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13 documentation distributed under this Agreement, and
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14
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15 b) in the case of each subsequent Contributor:
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16
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17 i) changes to the Program, and
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18
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19 ii) additions to the Program;
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20 where such changes and/or additions to the Program
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21 originate from and are distributed by that particular
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22 Contributor. A Contribution 'originates' from a
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23 Contributor if it was added to the Program by such
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24 Contributor itself or anyone acting on such
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25 Contributor's behalf. Contributions do not include
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26 additions to the Program which: (i) are separate modules
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27 of software distributed in conjunction with the Program
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28 under their own license agreement, and (ii) are not
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29 derivative works of the Program.
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30
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31 "Contributor" means any person or entity that distributes the Program.
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32
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33 "Licensed Patents" mean patent claims licensable by a Contributor
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34 which are necessarily infringed by the use or sale of its
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35 Contribution alone or when combined with the Program.
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36
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37 "Program" means the Contributions distributed in accordance with
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38 this Agreement.
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39
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40 "Recipient" means anyone who receives the Program under this
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41 Agreement, including all Contributors.
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42
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43 2. GRANT OF RIGHTS
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44
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45 a) Subject to the terms of this Agreement, each Contributor
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46 hereby grants Recipient a non-exclusive, worldwide,
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47 royalty-free copyright license to reproduce, prepare
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48 derivative works of, publicly display, publicly perform,
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49 distribute and sublicense the Contribution of such
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50 Contributor, if any, and such derivative works, in source
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51 code and object code form.
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52
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53 b) Subject to the terms of this Agreement, each Contributor
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54 hereby grants Recipient a non-exclusive, worldwide,
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55 royalty-free patent license under Licensed Patents to make,
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56 use, sell, offer to sell, import and otherwise transfer the
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57 Contribution of such Contributor, if any, in source code and
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58 object code form. This patent license shall apply to the
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59 combination of the Contribution and the Program if, at the
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60 time the Contribution is added by the Contributor, such
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61 addition of the Contribution causes such combination to be
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62 covered by the Licensed Patents. The patent license shall not
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63 apply to any other combinations which include the
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64 Contribution. No hardware per se is licensed hereunder.
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65
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66 c) Recipient understands that although each Contributor grants
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67 the licenses to its Contributions set forth herein, no
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68 assurances are provided by any Contributor that the Program
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69 does not infringe the patent or other intellectual property
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70 rights of any other entity. Each Contributor disclaims any
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71 liability to Recipient for claims brought by any other entity
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72 based on infringement of intellectual property rights or
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73 otherwise. As a condition to exercising the rights and
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74 licenses granted hereunder, each Recipient hereby assumes
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75 sole responsibility to secure any other intellectual property
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76 rights needed, if any. For example, if a third party patent
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77 license is required to allow Recipient to distribute the
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78 Program, it is Recipient's responsibility to acquire that
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79 license before distributing the Program.
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80
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81 d) Each Contributor represents that to its knowledge it has
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82 sufficient copyright rights in its Contribution, if any, to
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83 grant the copyright license set forth in this Agreement.
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84
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85 3. REQUIREMENTS
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86
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87 A Contributor may choose to distribute the Program in object code
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88 form under its own license agreement, provided that:
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89
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90 a) it complies with the terms and conditions of this Agreement; and
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91
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92 b) its license agreement:
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93
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94 i) effectively disclaims on behalf of all Contributors all
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95 warranties and conditions, express and implied, including
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96 warranties or conditions of title and non-infringement,
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97 and implied warranties or conditions of merchantability
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98 and fitness for a particular purpose;
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99
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100 ii) effectively excludes on behalf of all Contributors all
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101 liability for damages, including direct, indirect,
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102 special, incidental and consequential damages, such as
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103 lost profits;
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104
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105 iii) states that any provisions which differ from this
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106 Agreement are offered by that Contributor alone and not
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107 by any other party; and
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108
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109 iv) states that source code for the Program is available
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110 from such Contributor, and informs licensees how to
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111 obtain it in a reasonable manner on or through a medium
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112 customarily used for software exchange.
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113
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114 When the Program is made available in source code form:
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115
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116 a) it must be made available under this Agreement; and
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117
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118 b) a copy of this Agreement must be included with each copy of
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119 the Program.
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120
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121 Contributors may not remove or alter any copyright notices contained
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122 within the Program.
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123
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124 Each Contributor must identify itself as the originator of its
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125 Contribution, if any, in a manner that reasonably allows subsequent
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126 Recipients to identify the originator of the Contribution.
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127
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128 4. COMMERCIAL DISTRIBUTION
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129
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130 Commercial distributors of software may accept certain
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131 responsibilities with respect to end users, business partners and
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132 the like. While this license is intended to facilitate the
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133 commercial use of the Program, the Contributor who includes the
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134 Program in a commercial product offering should do so in a manner
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135 which does not create potential liability for other Contributors.
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136 Therefore, if a Contributor includes the Program in a commercial
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137 product offering, such Contributor ("Commercial Contributor") hereby
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138 agrees to defend and indemnify every other Contributor ("Indemnified
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139 Contributor") against any losses, damages and costs (collectively
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140 "Losses") arising from claims, lawsuits and other legal actions
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141 brought by a third party against the Indemnified Contributor to the
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142 extent caused by the acts or omissions of such Commercial
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143 Contributor in connection with its distribution of the Program in a
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144 commercial product offering. The obligations in this section do not
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145 apply to any claims or Losses relating to any actual or alleged
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146 intellectual property infringement. In order to qualify, an
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147 Indemnified Contributor must: a) promptly notify the Commercial
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148 Contributor in writing of such claim, and b) allow the Commercial
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149 Contributor to control, and cooperate with the Commercial
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150 Contributor in, the defense and any related settlement negotiations.
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151 The Indemnified Contributor may participate in any such claim at its
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152 own expense.
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153
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154 For example, a Contributor might include the Program in a commercial
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155 product offering, Product X. That Contributor is then a Commercial
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156 Contributor. If that Commercial Contributor then makes performance
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157 claims, or offers warranties related to Product X, those performance
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158 claims and warranties are such Commercial Contributor's
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159 responsibility alone. Under this section, the Commercial Contributor
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160 would have to defend claims against the other Contributors related
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161 to those performance claims and warranties, and if a court requires
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162 any other Contributor to pay any damages as a result, the Commercial
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163 Contributor must pay those damages.
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164
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165 5. NO WARRANTY
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166
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167 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
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168 PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
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169 ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
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170 ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
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171 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient
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172 is solely responsible for determining the appropriateness of using
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173 and distributing the Program and assumes all risks associated with
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174 its exercise of rights under this Agreement , including but not
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175 limited to the risks and costs of program errors, compliance with
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176 applicable laws, damage to or loss of data, programs or equipment,
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177 and unavailability or interruption of operations.
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178
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179 6. DISCLAIMER OF LIABILITY
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180
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181 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
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182 NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
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183 INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
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184 (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
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185 ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
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186 TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
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187 THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
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188 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
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189 DAMAGES.
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190
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191 7. GENERAL
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192
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193 If any provision of this Agreement is invalid or unenforceable under
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194 applicable law, it shall not affect the validity or enforceability
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195 of the remainder of the terms of this Agreement, and without further
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196 action by the parties hereto, such provision shall be reformed to
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197 the minimum extent necessary to make such provision valid and
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198 enforceable.
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199
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200 If Recipient institutes patent litigation against any entity
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201 (including a cross-claim or counterclaim in a lawsuit) alleging that
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202 the Program itself (excluding combinations of the Program with other
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203 software or hardware) infringes such Recipient's patent(s), then
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204 such Recipient's rights granted under Section 2(b) shall terminate
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205 as of the date such litigation is filed.
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206
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207 All Recipient's rights under this Agreement shall terminate if it
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208 fails to comply with any of the material terms or conditions of this
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209 Agreement and does not cure such failure in a reasonable period of
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210 time after becoming aware of such noncompliance. If all Recipient's
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211 rights under this Agreement terminate, Recipient agrees to cease use
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212 and distribution of the Program as soon as reasonably practicable.
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213 However, Recipient's obligations under this Agreement and any
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214 licenses granted by Recipient relating to the Program shall continue
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215 and survive.
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216
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217 Everyone is permitted to copy and distribute copies of this
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218 Agreement, but in order to avoid inconsistency the Agreement is
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219 copyrighted and may only be modified in the following manner. The
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220 Agreement Steward reserves the right to publish new versions
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221 (including revisions) of this Agreement from time to time. No one
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222 other than the Agreement Steward has the right to modify this
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223 Agreement. The Eclipse Foundation is the initial Agreement Steward.
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224 The Eclipse Foundation may assign the responsibility to serve as the
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225 Agreement Steward to a suitable separate entity. Each new version of
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226 the Agreement will be given a distinguishing version number. The
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227 Program (including Contributions) may always be distributed subject
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228 to the version of the Agreement under which it was received. In
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229 addition, after a new version of the Agreement is published,
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230 Contributor may elect to distribute the Program (including its
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231 Contributions) under the new version. Except as expressly stated in
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232 Sections 2(a) and 2(b) above, Recipient receives no rights or
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233 licenses to the intellectual property of any Contributor under this
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234 Agreement, whether expressly, by implication, estoppel or otherwise.
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235 All rights in the Program not expressly granted under this Agreement
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236 are reserved.
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237
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238 This Agreement is governed by the laws of the State of New York and
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239 the intellectual property laws of the United States of America. No
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240 party to this Agreement will bring a legal action under this
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241 Agreement more than one year after the cause of action arose. Each
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242 party waives its rights to a jury trial in any resulting litigation.
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