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265 lines
14 KiB
Markdown
265 lines
14 KiB
Markdown
# Eclipse Public License - v 2.0
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
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PUBLIC LICENSE (“AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION OF
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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 content
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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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where such changes and/or additions to the Program originate from
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and are Distributed by that particular Contributor. A Contribution
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“originates” from a Contributor if it was added to the Program by
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such Contributor itself or anyone acting on such Contributor's
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behalf. Contributions do not include changes or additions to the
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Program that are not Modified Works.
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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
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are necessarily infringed by the use or sale of its Contribution alone
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or when combined with the Program.
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“Program” means the Contributions Distributed in accordance with this
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Agreement.
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“Recipient” means anyone who receives the Program under this Agreement
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or any Secondary License (as applicable), including Contributors.
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“Derivative Works” shall mean any work, whether in Source Code or other
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form, that is based on (or derived from) the Program and for which the
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editorial revisions, annotations, elaborations, or other modifications
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represent, as a whole, an original work of authorship.
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“Modified Works” shall mean any work in Source Code or other form that
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results from an addition to, deletion from, or modification of the
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contents of the Program, including, for purposes of clarity any new file
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in Source Code form that contains any contents of the Program. Modified
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Works shall not include works that contain only declarations,
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interfaces, types, classes, structures, or files of the Program solely
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in each case in order to link to, bind by name, or subclass the Program
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or Modified Works thereof.
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“Distribute” means the acts of a) distributing or b) making available in
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any manner that enables the transfer of a copy.
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“Source Code” means the form of a Program preferred for making
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modifications, including but not limited to software source code,
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documentation source, and configuration files.
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“Secondary License” means either the GNU General Public License, Version
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2.0, or any later versions of that license, including any exceptions or
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additional permissions as identified by the initial Contributor.
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## 2. GRANT OF RIGHTS
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- a\) Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free copyright
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license to reproduce, prepare Derivative Works of, publicly display,
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publicly perform, Distribute and sublicense the Contribution of such
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Contributor, if any, and such Derivative Works.
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- b\) Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free patent license
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under Licensed Patents to make, use, sell, offer to sell, import and
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otherwise transfer the Contribution of such Contributor, if any, in
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Source Code or other form. This patent license shall apply to the
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combination of the Contribution and the Program if, at the time the
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Contribution is added by the Contributor, such addition of the
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Contribution causes such combination to be covered by the
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Licensed Patents. The patent license shall not apply to any other
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combinations which include the Contribution. No hardware per se is
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licensed hereunder.
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- c\) Recipient understands that although each Contributor grants the
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licenses to its Contributions set forth herein, no assurances are
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provided by any Contributor that the Program does not infringe the
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patent or other intellectual property rights of any other entity. Each
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Contributor disclaims any liability to Recipient for claims brought by
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any other entity based on infringement of intellectual property rights
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or otherwise. As a condition to exercising the rights and licenses
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granted hereunder, each Recipient hereby assumes sole responsibility to
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secure any other intellectual property rights needed, if any. For
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example, if a third party patent license is required to allow Recipient
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to Distribute the Program, it is Recipient's responsibility to acquire
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that license 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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- e\) Notwithstanding the terms of any Secondary License, no Contributor
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makes additional grants to any Recipient (other than those set forth in
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this Agreement) as a result of such Recipient's receipt of the Program
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under the terms of a Secondary License (if permitted under the terms of
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Section 3).
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## 3. REQUIREMENTS
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3.1 If a Contributor Distributes the Program in any form, then:
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- a\) the Program must also be made available as Source Code, in accordance
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with section 3.2, and the Contributor must accompany the Program with a
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statement that the Source Code for the Program is available under this
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Agreement, and informs Recipients 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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and
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- b\) the Contributor may Distribute the Program under a license different
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than this Agreement, provided that such license:
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- i\) effectively disclaims on behalf of all other Contributors all
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warranties 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 other Contributors all
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liability for damages, including direct, indirect, special, incidental
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and consequential damages, such as lost profits;
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- iii\) does not attempt to limit or alter the recipients' rights in the
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Source Code under section 3.2; and
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- iv\) requires any subsequent distribution of the Program by any party to
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be under a license that satisfies the requirements of this section 3.
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3.2 When the Program is Distributed as Source Code:
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- a\) it must be made available under this Agreement, or if the Program (i)
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is combined with other material in a separate file or files made
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available under a Secondary License, and (ii) the initial Contributor
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attached to the Source Code the notice described in Exhibit A of this
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Agreement, then the Program may be made available under the terms of
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such Secondary Licenses, and
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- b\) a copy of this Agreement must be included with each copy of
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the Program.
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3.3 Contributors may not remove or alter any copyright, patent,
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trademark, attribution notices, disclaimers of warranty, or limitations
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of liability (‘notices’) contained within the Program from any copy of
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the Program which they Distribute, provided that Contributors may add
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their own appropriate notices.
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## 4. COMMERCIAL DISTRIBUTION
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Commercial distributors of software may accept certain responsibilities
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with respect to end users, business partners and the like. While this
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license is intended to facilitate the commercial use of the Program, the
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Contributor who includes the Program in a commercial product offering
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should do so in a manner which does not create potential liability for
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other Contributors. Therefore, if a Contributor includes the Program in
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a commercial product offering, such Contributor (“Commercial
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Contributor”) hereby agrees to defend and indemnify every other
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Contributor (“Indemnified Contributor”) against any losses, damages and
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costs (collectively “Losses”) arising from claims, lawsuits and other
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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
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Commercial Contributor in connection with its distribution of the
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Program in a commercial product offering. The obligations in this
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section do not apply to any claims or Losses relating to any actual or
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alleged intellectual property infringement. In order to qualify, an
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Indemnified Contributor must: a) promptly notify the Commercial
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Contributor in writing of such claim, and b) allow the Commercial
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Contributor to control, and cooperate with the Commercial Contributor
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in, the defense and any related settlement negotiations. The Indemnified
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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
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product offering, Product X. That Contributor is then a Commercial
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Contributor. If that Commercial Contributor then makes performance
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claims, or offers warranties related to Product X, those performance
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claims and warranties are such Commercial Contributor's responsibility
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alone. Under this section, the Commercial Contributor would have to
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defend claims against the other Contributors related to those
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performance claims and warranties, and if a court requires any other
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Contributor to pay any damages as a result, the Commercial Contributor
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must pay those damages.
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## 5. NO WARRANTY {#warranty}
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
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PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS”
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BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
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IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
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TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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PURPOSE. Each Recipient is solely responsible for determining the
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appropriateness of using and distributing the Program and assumes all
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risks associated with its exercise of rights under this Agreement,
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including but not limited to the risks and costs of program errors,
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compliance with applicable laws, damage to or loss of data, programs or
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equipment, and unavailability or interruption of operations.
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## 6. DISCLAIMER OF LIABILITY {#disclaimer}
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
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PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
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SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
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EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
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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
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POSSIBILITY OF SUCH DAMAGES.
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## 7. GENERAL
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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
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the remainder of the terms of this Agreement, and without further action
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by the parties hereto, such provision shall be reformed to the minimum
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extent necessary to make such provision valid and enforceable.
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If Recipient institutes patent litigation against any entity (including
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a cross-claim or counterclaim in a lawsuit) alleging that the Program
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itself (excluding combinations of the Program with other software or
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hardware) infringes such Recipient's patent(s), then such Recipient's
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rights granted under Section 2(b) shall terminate as of the date such
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litigation is filed.
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All Recipient's rights under this Agreement shall terminate if it fails
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to comply with any of the material terms or conditions of this Agreement
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and does not cure such failure in a reasonable period of time after
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becoming aware of such noncompliance. If all Recipient's rights under
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this Agreement terminate, Recipient agrees to cease use and distribution
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of the Program as soon as reasonably practicable. However, Recipient's
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obligations under this Agreement and any licenses granted by Recipient
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relating to the Program shall continue and survive.
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Everyone is permitted to copy and distribute copies of this Agreement,
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but in order to avoid inconsistency the Agreement is copyrighted and may
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only be modified in the following manner. The Agreement Steward reserves
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the right to publish new versions (including revisions) of this
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Agreement from time to time. No one other than the Agreement Steward has
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the right to modify this Agreement. The Eclipse Foundation is the
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initial Agreement Steward. The Eclipse Foundation may assign the
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responsibility to serve as the Agreement Steward to a suitable separate
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entity. Each new version of the Agreement will be given a distinguishing
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version number. The Program (including Contributions) may always be
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Distributed subject to the version of the Agreement under which it was
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received. In addition, after a new version of the Agreement is
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published, Contributor may elect to Distribute the Program (including
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its Contributions) under the new version.
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Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
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receives no rights or licenses to the intellectual property of any
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Contributor under this Agreement, whether expressly, by implication,
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estoppel or otherwise. All rights in the Program not expressly granted
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under this Agreement are reserved. Nothing in this Agreement is intended
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to be enforceable by any entity that is not a Contributor or Recipient.
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No third-party beneficiary rights are created under this Agreement.
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## Exhibit A – Form of Secondary Licenses Notice {#exhibit-a}
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“This Source Code may also be made available under the following
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Secondary Licenses when the conditions for such availability set forth
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in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
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version(s), and exceptions or additional permissions here}.”
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> Simply including a copy of this Agreement, including this Exhibit A is
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> not sufficient to license the Source Code under Secondary Licenses.
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>
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> If it is not possible or desirable to put the notice in a particular
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> file, then You may include the notice in a location (such as a LICENSE
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> file in a relevant directory) where a recipient would be likely to
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> look for such a notice.
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>
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> You may add additional accurate notices of copyright ownership.
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