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3 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
5 THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
15 i) changes to the Program, and
17 ii) additions to the Program;
19 where such changes and/or additions to the Program originate from and
21 'originates' from a Contributor if it was added to the Program by such
23 Contributions do not include additions to the Program which: (i) are
24 separate modules of software distributed in conjunction with the Program
26 the Program.
28 "Contributor" means any person or entity that distributes the Program.
32 or when combined with the Program.
34 "Program" means the Contributions distributed in accordance with this
37 "Recipient" means anyone who receives the Program under this Agreement,
54 combination of the Contribution and the Program if, at the time the
62 provided by any Contributor that the Program does not infringe the
70 to distribute the Program, it is Recipient's responsibility to acquire
71 that license before distributing the Program.
79 A Contributor may choose to distribute the Program in object code form
98 iv) states that source code for the Program is available from such
102 When the Program is made available in source code form:
106 b) a copy of this Agreement must be included with each copy of the Program.
109 within the Program.
119 license is intended to facilitate the commercial use of the Program, the
120 Contributor who includes the Program in a commercial product offering
122 other Contributors. Therefore, if a Contributor includes the Program in
130 Program in a commercial product offering. The obligations in this
139 For example, a Contributor might include the Program in a commercial
152 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
157 determining the appropriateness of using and distributing the Program
159 Agreement , including but not limited to the risks and costs of program
171 DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
183 a cross-claim or counterclaim in a lawsuit) alleging that the Program
184 itself (excluding combinations of the Program with other software or
194 of the Program as soon as reasonably practicable. However, Recipient's
196 relating to the Program shall continue and survive.
207 version number. The Program (including Contributions) may always be
210 published, Contributor may elect to distribute the Program (including
215 the Program not expressly granted under this Agreement are reserved.