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<title>Eclipse Public License - Version 1.0</title>
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<body lang="EN-US">
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<h2>Eclipse Public License - v 1.0</h2>
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<p>THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
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PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
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DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
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AGREEMENT.</p>
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<p><b>1. DEFINITIONS</b></p>
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<p>"Contribution" means:</p>
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<p class="list">a) in the case of the initial Contributor, the initial
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code and documentation distributed under this Agreement, and</p>
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<p class="list">b) in the case of each subsequent Contributor:</p>
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<p class="list">i) changes to the Program, and</p>
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<p class="list">ii) additions to the Program;</p>
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<p class="list">where such changes and/or additions to the Program
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originate from and are distributed by that particular Contributor. A
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Contribution 'originates' from a Contributor if it was added to the
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Program by such Contributor itself or anyone acting on such
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Contributor's behalf. Contributions do not include additions to the
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Program which: (i) are separate modules of software distributed in
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conjunction with the Program under their own license agreement, and (ii)
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are not derivative works of the Program.</p>
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<p>"Contributor" means any person or entity that distributes
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the Program.</p>
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<p>"Licensed Patents" mean patent claims licensable by a
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Contributor which are necessarily infringed by the use or sale of its
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Contribution alone or when combined with the Program.</p>
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<p>"Program" means the Contributions distributed in accordance
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with this Agreement.</p>
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<p>"Recipient" means anyone who receives the Program under
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this Agreement, including all Contributors.</p>
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<p><b>2. GRANT OF RIGHTS</b></p>
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<p class="list">a) Subject to the terms of this Agreement, each
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Contributor hereby grants Recipient a non-exclusive, worldwide,
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royalty-free copyright license to reproduce, prepare derivative works
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of, publicly display, publicly perform, distribute and sublicense the
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Contribution of such Contributor, if any, and such derivative works, in
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source code and object code form.</p>
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<p class="list">b) Subject to the terms of this Agreement, each
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Contributor hereby grants Recipient a non-exclusive, worldwide,
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royalty-free patent license under Licensed Patents to make, use, sell,
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offer to sell, import and otherwise transfer the Contribution of such
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Contributor, if any, in source code and object code form. This patent
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license shall apply to the combination of the Contribution and the
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Program if, at the time the Contribution is added by the Contributor,
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such addition of the Contribution causes such combination to be covered
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by the Licensed Patents. The patent license shall not apply to any other
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combinations which include the Contribution. No hardware per se is
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licensed hereunder.</p>
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<p class="list">c) Recipient understands that although each Contributor
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grants the licenses to its Contributions set forth herein, no assurances
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are provided by any Contributor that the Program does not infringe the
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patent or other intellectual property rights of any other entity. Each
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Contributor disclaims any liability to Recipient for claims brought by
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any other entity based on infringement of intellectual property rights
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or otherwise. As a condition to exercising the rights and licenses
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granted hereunder, each Recipient hereby assumes sole responsibility to
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secure any other intellectual property rights needed, if any. For
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example, if a third party patent license is required to allow Recipient
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to distribute the Program, it is Recipient's responsibility to acquire
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that license before distributing the Program.</p>
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<p class="list">d) Each Contributor represents that to its knowledge it
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has sufficient copyright rights in its Contribution, if any, to grant
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the copyright license set forth in this Agreement.</p>
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<p><b>3. REQUIREMENTS</b></p>
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<p>A Contributor may choose to distribute the Program in object code
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form under its own license agreement, provided that:</p>
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<p class="list">a) it complies with the terms and conditions of this
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Agreement; and</p>
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<p class="list">b) its license agreement:</p>
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<p class="list">i) effectively disclaims on behalf of all Contributors
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all warranties and conditions, express and implied, including warranties
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or conditions of title and non-infringement, and implied warranties or
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conditions of merchantability and fitness for a particular purpose;</p>
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<p class="list">ii) effectively excludes on behalf of all Contributors
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all liability for damages, including direct, indirect, special,
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incidental and consequential damages, such as lost profits;</p>
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<p class="list">iii) states that any provisions which differ from this
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Agreement are offered by that Contributor alone and not by any other
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party; and</p>
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<p class="list">iv) states that source code for the Program is available
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from such Contributor, and informs licensees how to obtain it in a
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reasonable manner on or through a medium customarily used for software
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exchange.</p>
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<p>When the Program is made available in source code form:</p>
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<p class="list">a) it must be made available under this Agreement; and</p>
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<p class="list">b) a copy of this Agreement must be included with each
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copy of the Program.</p>
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<p>Contributors may not remove or alter any copyright notices contained
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within the Program.</p>
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<p>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.</p>
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<p><b>4. COMMERCIAL DISTRIBUTION</b></p>
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<p>Commercial distributors of software may accept certain
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responsibilities with respect to end users, business partners and the
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like. While this license is intended to facilitate the commercial use of
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the Program, the Contributor who includes the Program in a commercial
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product offering should do so in a manner which does not create
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potential liability for other Contributors. Therefore, if a Contributor
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includes the Program in a commercial product offering, such Contributor
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("Commercial Contributor") hereby agrees to defend and
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indemnify every other Contributor ("Indemnified Contributor")
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against any losses, damages and costs (collectively "Losses")
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arising from claims, lawsuits and other legal actions brought by a third
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party against the Indemnified Contributor to the extent caused by the
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acts or omissions of such Commercial Contributor in connection with its
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distribution of the Program in a commercial product offering. The
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obligations in this section do not apply to any claims or Losses
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relating to any actual or alleged intellectual property infringement. In
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order to qualify, an Indemnified Contributor must: a) promptly notify
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the Commercial Contributor in writing of such claim, and b) allow the
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Commercial Contributor to control, and cooperate with the Commercial
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Contributor in, the defense and any related settlement negotiations. The
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Indemnified Contributor may participate in any such claim at its own
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expense.</p>
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<p>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
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claims, or offers warranties related to Product X, those performance
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claims and warranties are such Commercial Contributor's responsibility
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alone. Under this section, the Commercial Contributor would have to
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defend claims against the other Contributors related to those
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performance claims and warranties, and if a court requires any other
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Contributor to pay any damages as a result, the Commercial Contributor
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must pay those damages.</p>
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<p><b>5. NO WARRANTY</b></p>
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<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
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PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
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OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
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ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
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OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
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responsible for determining the appropriateness of using and
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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
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the risks and costs of program errors, compliance with applicable laws,
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damage to or loss of data, programs or equipment, and unavailability or
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interruption of operations.</p>
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<p><b>6. DISCLAIMER OF LIABILITY</b></p>
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<p>EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT
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NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
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INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
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WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
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NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
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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.</p>
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<p><b>7. GENERAL</b></p>
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<p>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
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the remainder of the terms of this Agreement, and without further action
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by the parties hereto, such provision shall be reformed to the minimum
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extent necessary to make such provision valid and enforceable.</p>
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<p>If Recipient institutes patent litigation against any entity
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(including a cross-claim or counterclaim in a lawsuit) alleging that the
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Program itself (excluding combinations of the Program with other
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software or hardware) infringes such Recipient's patent(s), then such
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Recipient's rights granted under Section 2(b) shall terminate as of the
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date such litigation is filed.</p>
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<p>All Recipient's rights under this Agreement shall terminate if it
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fails to comply with any of the material terms or conditions of this
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Agreement and does not cure such failure in a reasonable period of time
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after becoming aware of such noncompliance. If all Recipient's rights
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under this Agreement terminate, Recipient agrees to cease use and
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distribution of the Program as soon as reasonably practicable. However,
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Recipient's obligations under this Agreement and any licenses granted by
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Recipient relating to the Program shall continue and survive.</p>
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<p>Everyone is permitted to copy and distribute copies of this
|
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Agreement, but in order to avoid inconsistency the Agreement is
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copyrighted and may only be modified in the following manner. The
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Agreement Steward reserves the right to publish new versions (including
|
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revisions) of this Agreement from time to time. No one other than the
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Agreement Steward has the right to modify this Agreement. The Eclipse
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Foundation is the initial Agreement Steward. The Eclipse Foundation may
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assign the responsibility to serve as the Agreement Steward to a
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suitable separate entity. Each new version of the Agreement will be
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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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Agreement under which it was received. In addition, after a new version
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of the Agreement is published, Contributor may elect to distribute the
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Program (including its Contributions) under the new version. Except as
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expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
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rights or licenses to the intellectual property of any Contributor under
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this Agreement, whether expressly, by implication, estoppel or
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otherwise. All rights in the Program not expressly granted under this
|
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Agreement are reserved.</p>
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<p>This Agreement is governed by the laws of the State of New York and
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the intellectual property laws of the United States of America. No party
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to this Agreement will bring a legal action under this Agreement more
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than one year after the cause of action arose. Each party waives its
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rights to a jury trial in any resulting litigation.</p>
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