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@ -186,19 +186,19 @@ License: Eclipse Public License Version 1.0
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
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PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
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PROGRAM 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
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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'
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from a Contributor if it was added to the Program by such Contributor
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@ -206,27 +206,27 @@ License: Eclipse Public License Version 1.0
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include additions to the Program which: (i) are separate modules of
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software distributed in conjunction with the Program under their own
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license agreement, 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
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are necessarily infringed by the use or sale of its Contribution alone or
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when 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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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
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perform, distribute and sublicense the Contribution of such Contributor,
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if any, and 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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@ -237,7 +237,7 @@ License: Eclipse Public License Version 1.0
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combination to be covered by the Licensed Patents. The patent license
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shall not apply to any other combinations which include the Contribution.
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No hardware per se is licensed hereunder.
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c) Recipient understands that although each Contributor grants the
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licenses to its Contributions set forth herein, no assurances are provided
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by any Contributor that the Program does not infringe the patent or other
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@ -250,52 +250,52 @@ License: Eclipse Public License Version 1.0
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patent license is required to allow Recipient to distribute the Program,
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it is Recipient's responsibility to acquire that license before
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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
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license set forth in this Agreement.
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3. REQUIREMENTS
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A Contributor may choose to distribute the Program in object code form
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under 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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b) its license agreement:
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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
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title and non-infringement, and implied warranties or conditions of
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merchantability and fitness for a particular purpose;
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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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iii) states that any provisions which differ from this Agreement are
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offered by that Contributor alone and not by any other party; and
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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
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on or through a medium customarily used for software exchange.
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When the Program is made available in source code form:
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a) it must be made available under this Agreement; and
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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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Contributors may not remove or alter any copyright notices contained
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within the Program.
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Each Contributor must identify itself as the originator of its
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Contribution, if any, in a manner that reasonably allows subsequent
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Recipients to identify the originator of the Contribution.
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4. COMMERCIAL DISTRIBUTION
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Commercial distributors of software may accept certain responsibilities
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with respect to end users, business partners and the like. While this
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license is intended to facilitate the commercial use of the Program, the
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@ -317,7 +317,7 @@ License: Eclipse Public License Version 1.0
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Commercial Contributor in, the defense and any related settlement
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negotiations. The Indemnified Contributor may participate in any such
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claim at its own expense.
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For example, a Contributor might include the Program in a commercial
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product offering, Product X. That Contributor is then a Commercial
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Contributor. If that Commercial Contributor then makes performance claims,
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@ -327,9 +327,9 @@ License: Eclipse Public License Version 1.0
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against the other Contributors related to those performance claims and
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warranties, and if a court requires any other Contributor to pay any
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damages as a result, the Commercial Contributor must pay those damages.
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5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
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ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
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EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
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@ -340,9 +340,9 @@ License: Eclipse Public License Version 1.0
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including but not limited to the risks and costs of program errors,
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compliance with applicable laws, damage to or loss of data, programs or
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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,
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INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
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@ -351,22 +351,22 @@ License: Eclipse Public License Version 1.0
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NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION
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OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
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ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. GENERAL
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If any provision of this Agreement is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of the
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remainder of the terms of this Agreement, and without further action by
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the parties hereto, such provision shall be reformed to the minimum extent
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necessary to make such provision valid and enforceable.
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If Recipient institutes patent litigation against any entity (including a
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cross-claim or counterclaim in a lawsuit) alleging that the Program itself
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(excluding combinations of the Program with other software or hardware)
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infringes such Recipient's patent(s), then such Recipient's rights granted
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under Section 2(b) shall terminate as of the date such litigation is
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filed.
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All Recipient's rights under this Agreement shall terminate if it fails to
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comply with any of the material terms or conditions of this Agreement and
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does not cure such failure in a reasonable period of time after becoming
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@ -375,7 +375,7 @@ License: Eclipse Public License Version 1.0
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Program as soon as reasonably practicable. However, Recipient's
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obligations under this Agreement and any licenses granted by Recipient
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relating to the Program shall continue and survive.
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Everyone is permitted to copy and distribute copies of this Agreement, but
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in order to avoid inconsistency the Agreement is copyrighted and may only
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be modified in the following manner. The Agreement Steward reserves the
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@ -394,7 +394,7 @@ License: Eclipse Public License Version 1.0
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this Agreement, whether expressly, by implication, estoppel or otherwise.
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All rights in the Program not expressly granted under this Agreement are
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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
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this Agreement will bring a legal action under this Agreement more than
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