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