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‎LICENSE

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Eclipse Public License -v 1.0
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Eclipse Public License - v 2.0
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
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LICENSE (“AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
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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 code and documentation 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 and are
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distributed by that particular Contributor. A Contribution 'originates' from a
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Contributor if it was added to the Program by such Contributor itself or
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anyone acting on such Contributor's behalf. Contributions do not include
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additions to the Program which: (i) are separate modules of software
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distributed in conjunction with the Program under their own license agreement,
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and (ii) are not derivative works of the Program.
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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 are
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necessarily infringed by the use or sale of its Contribution alone or when
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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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including all Contributors.
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“Contribution” means:
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a) in the case of the initial Contributor, the initial content Distributed
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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 and
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are Distributed by that particular Contributor. A Contribution
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“originates” from a Contributor if it was added to the Program by such
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Contributor itself or anyone acting on such Contributor's behalf.
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Contributions do not include changes or additions to the Program that
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are not Modified Works. “Contributor” means any person or entity that
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Distributes the Program.
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“Licensed Patents” mean patent claims licensable by a Contributor which are
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necessarily infringed by the use or sale of its Contribution alone or when
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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 or
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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 contents
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of the Program, including, for purposes of clarity any new file in Source
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Code form that contains any contents of the Program. Modified Works shall
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not include works that contain only declarations, interfaces, types,
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classes, structures, or files of the Program solely in each case in order
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to link to, bind by name, or subclass the Program or Modified Works
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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 grants
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Recipient a non-exclusive, worldwide, royalty-free copyright license to
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reproduce, prepare derivative works of, publicly display, publicly perform,
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distribute and sublicense the Contribution of such Contributor, if any, and
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such derivative works, in source code and object code form.
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b) Subject to the terms of this Agreement, each Contributor hereby grants
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Recipient a non-exclusive, worldwide, royalty-free patent license under
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Licensed Patents to make, use, sell, offer to sell, import and otherwise
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transfer the Contribution of such Contributor, if any, in source code and
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object code form. This patent license shall apply to the combination of the
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Contribution and the Program if, at the time the Contribution is added by the
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Contributor, such addition of the Contribution causes such combination to be
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covered by the Licensed Patents. The patent license shall not apply to any
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other 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 licenses to
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its Contributions set forth herein, no assurances are provided by any
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Contributor that the Program does not infringe the patent or other
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intellectual property rights of any other entity. Each Contributor disclaims
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any liability to Recipient for claims brought by any other entity based on
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infringement of intellectual property rights or otherwise. As a condition to
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exercising the rights and licenses granted hereunder, each Recipient hereby
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assumes sole responsibility to secure any other intellectual property rights
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needed, if any. For example, if a third party patent license is required to
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allow Recipient to distribute the Program, it is Recipient's responsibility to
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acquire 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 license
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set forth in this Agreement.
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a) Subject to the terms of this Agreement, each Contributor hereby grants
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Recipient a non-exclusive, worldwide, royalty-free copyright license to
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reproduce, prepare Derivative Works of, publicly display, publicly perform,
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Distribute and sublicense the Contribution of such Contributor, if any, and
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such Derivative Works.
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b) Subject to the terms of this Agreement, each Contributor hereby grants
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Recipient a non-exclusive, worldwide, royalty-free patent license under
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Licensed Patents to make, use, sell, offer to sell, import and otherwise
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transfer the Contribution of such Contributor, if any, in Source Code or
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other form. This patent license shall apply to the combination of the
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Contribution and the Program if, at the time the Contribution is added by
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the Contributor, such addition of the Contribution causes such combination
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to be covered by the Licensed Patents. The patent license shall not apply
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to any other combinations which include the Contribution. No hardware per
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se is licensed hereunder.
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c) Recipient understands that although each Contributor grants the licenses
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to its Contributions set forth herein, no assurances are provided by any
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Contributor that the Program does not infringe the patent or other
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intellectual property rights of any other entity. Each Contributor
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disclaims any liability to Recipient for claims brought by any other entity
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based on infringement of intellectual property rights or otherwise. As a
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condition to exercising the rights and licenses granted hereunder, each
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Recipient hereby assumes sole responsibility to secure any other
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intellectual property rights needed, if any. For example, if a third party
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patent license is required to allow Recipient to Distribute the Program, it
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is Recipient's responsibility to acquire that license before distributing
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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 makes
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additional grants to any Recipient (other than those set forth in this
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Agreement) as a result of such Recipient's receipt of the Program under the
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terms of a Secondary License (if permitted under the terms of Section 3).
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3. REQUIREMENTS
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A Contributor may choose to distribute the Program in object code form under
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its own license agreement, provided that:
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a) it complies with the terms and conditions of this Agreement; and
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3.1 If a Contributor Distributes the Program in any form, then:
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b) its license agreement:
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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 manner
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on or through a medium customarily used for software exchange; and
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i) effectively disclaims on behalf of all Contributors all warranties and
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conditions, express and implied, including warranties or conditions of title
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and non-infringement, and implied warranties or conditions of merchantability
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and fitness for a particular purpose;
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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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ii) effectively excludes on behalf of all Contributors all liability for
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damages, including direct, indirect, special, incidental and consequential
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damages, such as lost profits;
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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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iii) states that any provisions which differ from this Agreement are offered
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by that Contributor alone and not by any other party; and
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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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iv) states that source code for the Program is available from such
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Contributor, and informs licensees how to obtain it in a reasonable manner on
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or through a medium customarily used for software exchange.
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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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When the Program is made available in source code form:
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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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a) it must be made available under this Agreement; and
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3.2 When the Program is Distributed as Source Code:
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b) a copy of this Agreement must be included with each copy of the Program.
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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 available
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under a Secondary License, and (ii) the initial Contributor attached to
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the Source Code the notice described in Exhibit A of this Agreement, then
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the Program may be made available under the terms of such Secondary
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Licenses, and
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Contributors may not remove or alter any copyright notices contained within
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the Program.
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b) a copy of this Agreement must be included with each copy of the
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Program.
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Each Contributor must identify itself as the originator of its Contribution,
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if any, in a manner that reasonably allows subsequent Recipients to identify
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the originator of the Contribution.
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3.3 Contributors may not remove or alter any copyright, patent, trademark,
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attribution notices, disclaimers of warranty, or limitations of liability
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(‘notices’) contained within the Program from any copy of the Program which
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they Distribute, provided that Contributors may add their own appropriate
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notices.
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4. COMMERCIAL DISTRIBUTION
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includes the Program in a commercial product offering should do so in a manner
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which does not create potential liability for other Contributors. Therefore,
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if a Contributor includes the Program in a commercial product offering, such
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Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
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every other Contributor ("Indemnified Contributor") against any losses,
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damages and costs (collectively "Losses") arising from claims, lawsuits and
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Contributor (“Commercial Contributor”) hereby agrees to defend and indemnify
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every other Contributor (“Indemnified Contributor”) against any losses,
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damages and costs (collectively “Losses”) arising from claims, lawsuits and
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other 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 Commercial
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Contributor in connection with its distribution of the Program in a commercial
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5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
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"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
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IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
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NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
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Recipient is solely responsible for determining the appropriateness of using
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and distributing the Program and assumes all risks associated with its
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exercise of rights under this Agreement , including but not limited to the
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risks and costs of program errors, compliance with applicable laws, damage to
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or loss of data, programs or equipment, and unavailability or interruption of
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operations.
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED
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BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT
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WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
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WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
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MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
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responsible for determining the appropriateness of using and distributing the
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Program and assumes all risks associated with its exercise of rights under
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this Agreement, including but not limited to the risks and costs of program
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errors, compliance with applicable laws, damage to or loss of data, programs
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or equipment, and unavailability or interruption of operations.
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6. DISCLAIMER OF LIABILITY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
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CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
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LOST 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 POSSIBILITY
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OF SUCH DAMAGES.
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED
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BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY
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LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
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CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER
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CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
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OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
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OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
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HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. GENERAL
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Eclipse Foundation may assign the responsibility to serve as the Agreement
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Steward to a suitable separate entity. Each new version of the Agreement will
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be given a distinguishing version number. The Program (including
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Contributions) may always be distributed subject to the version of the
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Contributions) may always be Distributed subject to the version of the
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Agreement under which it was received. In addition, after a new version of the
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Agreement is published, Contributor may elect to distribute the Program
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(including its Contributions) under the new version. Except as expressly
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stated in Sections 2(a) and 2(b) above, Recipient receives no rights or
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licenses to the intellectual property of any Contributor under this Agreement,
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whether expressly, by implication, estoppel or otherwise. All rights in the
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Program not expressly granted under this Agreement are reserved.
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This Agreement is governed by the laws of the State of New York and the
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intellectual property laws of the United States of America. No party to this
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Agreement will bring a legal action under this Agreement more than one year
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after the cause of action arose. Each party waives its rights to a jury trial
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in any resulting litigation.
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Agreement is published, Contributor may elect to Distribute the Program
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(including its Contributions) under the new version.
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Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives
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no rights or licenses to the intellectual property of any Contributor under
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this Agreement, whether expressly, by implication, estoppel or otherwise. All
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rights in the Program not expressly granted under this Agreement are reserved.
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Nothing in this Agreement is intended to be enforceable by any entity that is
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not a Contributor or Recipient. No third-party beneficiary rights are created
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under this Agreement.
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