THE ACCOMPANYING PROGRAM _ PROVIDED UNDER _ TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION _ DISTRIBUTION OF _ PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
a) in _ case of _ initial Contributor, _ initial code _ documentation distributed under this Agreement, and
b) in _ case of each subsequent Contributor:
i) changes _ the Program, and
ii) additions _ the Program;
where such changes and/or additions _ the Program originate from _ are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added _ the Program by such Contributor itself _ anyone acting _ such Contributor's behalf. Contributions do not include additions _ the Program which: (i) are separate modules of software distributed in conjunction with _ Program under their own license agreement, _ (ii) are not derivative works of _ Program.
"Contributor" means any person _ entity that distributes _ Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by _ use _ sale of its Contribution alone _ when combined with _ Program.
"Program" means _ Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives _ Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject _ the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license _ reproduce, prepare derivative works of, publicly display, publicly perform, distribute _ sublicense _ Contribution of such Contributor, if any, _ such derivative works, in source code _ object code form.
b) Subject _ the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents _ make, use, sell, offer _ sell, import _ otherwise transfer _ Contribution of such Contributor, if any, in source code _ object code form. This patent license shall apply _ the combination of _ Contribution _ the Program if, at _ time _ Contribution _ added by _ Contributor, such addition of _ Contribution causes such combination _ be covered by _ Licensed Patents. _ patent license shall not apply _ any other combinations which include _ Contribution. No hardware per se _ licensed hereunder.
c) Recipient understands that although each Contributor grants _ licenses _ its Contributions set forth herein, no assurances are provided by any Contributor that _ Program does not infringe _ patent _ other intellectual property rights of any other entity. Each Contributor disclaims any liability _ Recipient for claims brought by any other entity based _ infringement of intellectual property rights _ otherwise. As a condition _ exercising _ rights _ licenses granted hereunder, each Recipient hereby assumes sole responsibility _ secure any other intellectual property rights needed, if any. For example, if a third party patent license _ required _ allow Recipient _ distribute _ Program, it _ Recipient's responsibility _ acquire that license before distributing _ Program.
d) Each Contributor represents that _ its knowledge it has sufficient copyright rights in its Contribution, if any, _ grant _ copyright license set forth in this Agreement.
A Contributor may choose _ distribute _ Program in object code form under its own license agreement, provided that:
a) it complies with _ terms _ conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims _ behalf of all Contributors all warranties _ conditions, express _ implied, including warranties _ conditions of title _ non-infringement, _ implied warranties _ conditions of merchantability _ fitness for a particular purpose;
ii) effectively excludes _ behalf of all Contributors all liability for damages, including direct, indirect, special, incidental _ consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone _ not by any other party; and
iv) states that source code for _ Program _ available from such Contributor, _ informs licensees how _ obtain it in a reasonable manner _ or through a medium customarily used for software exchange.
When _ Program _ made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of _ Program.
Contributors may not remove _ alter any copyright notices contained within _ Program.
Each Contributor must identify itself as _ originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients _ identify _ originator of _ Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect _ end users, business partners _ the like. While this license _ intended _ facilitate _ commercial use of _ Program, _ Contributor who includes _ Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes _ Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees _ defend _ indemnify every other Contributor ("Indemnified Contributor") against any losses, damages _ costs (collectively "Losses") arising from claims, lawsuits _ other legal actions brought by a third party against _ Indemnified Contributor _ the extent caused by _ acts _ omissions of such Commercial Contributor in connection with its distribution of _ Program in a commercial product offering. _ obligations in this section do not apply _ any claims _ Losses relating _ any actual _ alleged intellectual property infringement. In order _ qualify, an Indemnified Contributor must: a) promptly notify _ Commercial Contributor in writing of such claim, _ b) allow _ Commercial Contributor _ control, _ cooperate with _ Commercial Contributor in, _ defense _ any related settlement negotiations. _ Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include _ Program in a commercial product offering, Product X. That Contributor _ then a Commercial Contributor. If that Commercial Contributor then makes performance claims, _ offers warranties related _ Product X, those performance claims _ warranties are such Commercial Contributor's responsibility alone. Under this section, _ Commercial Contributor would have _ defend claims against _ other Contributors related _ those performance claims _ warranties, _ if a court requires any other Contributor _ pay any damages as a result, _ Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, _ PROGRAM _ PROVIDED _ AN "AS IS" BASIS, WITHOUT WARRANTIES _ CONDITIONS OF ANY KIND, EITHER EXPRESS _ IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES _ CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY _ FITNESS FOR A PARTICULAR PURPOSE. Each Recipient _ solely responsible for determining _ appropriateness of using _ distributing _ Program _ assumes all risks associated with its exercise of rights under this Agreement , including but not limited _ the risks _ costs of program errors, compliance with applicable laws, damage _ or loss of data, programs _ equipment, _ unavailability _ interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, _ CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED _ ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, _ TORT (INCLUDING NEGLIGENCE _ OTHERWISE) ARISING IN ANY WAY OUT OF _ USE _ DISTRIBUTION OF _ PROGRAM _ THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF _ POSSIBILITY OF SUCH DAMAGES.
If any provision of this Agreement _ invalid _ unenforceable under applicable law, it shall not affect _ validity _ enforceability of _ remainder of _ terms of this Agreement, _ without further action by _ parties hereto, such provision shall be reformed _ the minimum extent necessary _ make such provision valid _ enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim _ counterclaim in a lawsuit) alleging that _ Program itself (excluding combinations of _ Program with other software _ hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of _ date such litigation _ filed.
All Recipient's rights under this Agreement shall terminate if it fails _ comply with any of _ material terms _ conditions of this Agreement _ does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees _ cease use _ distribution of _ Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement _ any licenses granted by Recipient relating _ the Program shall continue _ survive.
Everyone _ permitted _ copy _ distribute copies of this Agreement, but in order _ avoid inconsistency _ Agreement _ copyrighted _ may only be modified in _ following manner. _ Agreement Steward reserves _ right _ publish new versions (including revisions) of this Agreement from time _ time. No one other than _ Agreement Steward has _ right _ modify this Agreement. _ Eclipse Foundation _ the initial Agreement Steward. _ Eclipse Foundation may assign _ responsibility _ serve as _ Agreement Steward _ a suitable separate entity. Each new version of _ Agreement will be given a distinguishing version number. _ Program (including Contributions) may always be distributed subject _ the version of _ Agreement under which it was received. In addition, after a new version of _ Agreement _ published, Contributor may elect _ distribute _ Program (including its Contributions) under _ new version. Except as expressly stated in Sections 2(a) _ 2(b) above, Recipient receives no rights _ licenses _ the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel _ otherwise. All rights in _ Program not expressly granted under this Agreement are reserved.
This Agreement _ governed by _ laws of _ State of New York _ the intellectual property laws of _ United States of America. No party _ this Agreement will bring a legal action under this Agreement more than one year after _ cause of action arose. Each party waives its rights _ a jury trial in any resulting litigation.
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