240 lines
11 KiB
Plaintext
240 lines
11 KiB
Plaintext
Eclipse Public License - v 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
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OF THE 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
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from and are distributed by that particular Contributor. A
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Contribution 'originates' from a Contributor if it was added to
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the Program by such Contributor itself or anyone acting on such
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Contributor's behalf. Contributions do not include additions to
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the Program which: (i) are separate modules of software
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distributed in conjunction with the Program under their own
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license agreement, and (ii) are not derivative works of the
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Program.
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"Contributor" means any person or entity that distributes the
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Program.
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"Licensed Patents" mean patent claims licensable by a Contributor
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which are necessarily infringed by the use or sale of its
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Contribution alone or when combined with the Program.
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"Program" means the Contributions distributed in accordance with
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this Agreement.
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"Recipient" means anyone who receives the Program under this
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Agreement, 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
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grants Recipient a non-exclusive, worldwide, royalty-free copyright
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license to reproduce, prepare derivative works of, publicly display,
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publicly perform, distribute and sublicense the Contribution of such
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Contributor, if any, and such derivative works, in source code and
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object code form.
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b) Subject to the terms of this Agreement, each Contributor hereby
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grants Recipient a non-exclusive, worldwide, royalty-free patent
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license under Licensed Patents to make, use, sell, offer to sell,
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import and otherwise transfer the Contribution of such Contributor,
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if any, in source code and object code form. This patent license
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shall apply to the combination of the Contribution and the Program
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if, at the time the Contribution is added by the Contributor, such
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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
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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
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licenses to its Contributions set forth herein, no assurances are
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provided by any Contributor that the Program does not infringe the
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patent or other intellectual property rights of any other
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entity. Each Contributor disclaims any liability to Recipient for
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claims brought by any other entity based on infringement of
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intellectual property rights or otherwise. As a condition to
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exercising the rights and licenses granted hereunder, each Recipient
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hereby assumes sole responsibility to secure any other intellectual
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property rights needed, if any. For example, if a third party patent
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license is required to allow Recipient to distribute the Program, it
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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
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sufficient copyright rights in its Contribution, if any, to grant
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the copyright 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
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form under its own license agreement, provided that:
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a) it complies with the terms and conditions of this Agreement;
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and
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b) its license agreement:
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i) effectively disclaims on behalf of all Contributors all
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warranties and conditions, express and implied, including
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warranties or conditions of title and non-infringement, and
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implied warranties or conditions of merchantability and
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fitness for a particular purpose;
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ii) effectively excludes on behalf of all Contributors all
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liability for damages, including direct, indirect, special,
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incidental and consequential damages, such as lost profits;
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iii) states that any provisions which differ from this
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Agreement are offered by that Contributor alone and not by
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any other party; and
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iv) states that source code for the Program is available
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from such Contributor, and informs licensees how to obtain
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it in a reasonable manner on or through a medium customarily
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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
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the 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
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responsibilities with respect to end users, business partners and
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the like. While this license is intended to facilitate the
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commercial use of the Program, the Contributor who includes the
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Program in a commercial product offering should do so in a manner
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which does not create potential liability for other
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Contributors. Therefore, if a Contributor includes the Program in a
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commercial product offering, such Contributor ("Commercial
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Contributor") hereby agrees to defend and indemnify every other
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Contributor ("Indemnified Contributor") against any losses, damages
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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
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Commercial Contributor in connection with its distribution of the
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Program in a commercial product offering. The obligations in this
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section do not apply to any claims or Losses relating to any actual
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or alleged intellectual property infringement. In order to qualify,
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an Indemnified Contributor must: a) promptly notify the Commercial
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Contributor in writing of such claim, and b) allow the Commercial
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Contributor to control, and cooperate with the Commercial
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Contributor in, the defense and any related settlement
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negotiations. The Indemnified Contributor may participate in any
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such 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
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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
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responsibility alone. Under this section, the Commercial Contributor
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would have to defend claims against the other Contributors related
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to those performance claims and warranties, and if a court requires
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any other Contributor to pay any damages as a result, the Commercial
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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
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PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF
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ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION,
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ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
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MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient
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is solely responsible for determining the appropriateness of using
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and distributing the Program and assumes all risks associated with
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its exercise of rights under this Agreement , including but not
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limited to the risks and costs of program errors, compliance with
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applicable laws, damage to or loss of data, programs or equipment,
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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
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NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT,
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INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
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(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON
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ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
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TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF
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THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
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GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
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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
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of the remainder of the terms of this Agreement, and without further
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action by the parties hereto, such provision shall be reformed to
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the minimum extent necessary to make such provision valid and
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enforceable.
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If Recipient institutes patent litigation against any entity
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(including a cross-claim or counterclaim in a lawsuit) alleging that
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the Program itself (excluding combinations of the Program with other
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software or hardware) infringes such Recipient's patent(s), then
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such Recipient's rights granted under Section 2(b) shall terminate
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as of the date such litigation is filed.
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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
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time after becoming aware of such noncompliance. If all Recipient's
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rights under this Agreement terminate, Recipient agrees to cease use
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and distribution of the Program as soon as reasonably
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practicable. However, Recipient's obligations under this Agreement
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and any licenses granted by Recipient relating to the Program shall
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continue and survive.
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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
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(including revisions) of this Agreement from time to time. No one
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other than the Agreement Steward has the right to modify this
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Agreement. The Eclipse Foundation is the initial Agreement
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Steward. The Eclipse Foundation may assign the responsibility to
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serve as the Agreement Steward to a suitable separate entity. Each
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new version of the Agreement will be given a distinguishing version
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number. The Program (including Contributions) may always be
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distributed subject to the version of the Agreement under which it
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was received. In addition, after a new version of the Agreement is
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published, Contributor may elect to distribute the Program
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(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
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no rights or licenses to the intellectual property of any
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Contributor under this Agreement, whether expressly, by implication,
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estoppel or otherwise. All rights in the Program not expressly
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granted under this Agreement are reserved.
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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
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party to this Agreement will bring a legal action under this
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Agreement more than one year after the cause of action arose. Each
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party waives its rights to a jury trial in any resulting litigation.
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