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