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    1 Eclipse Public License - v 2.0
    2 
    3     THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
    4     PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
    5     OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
    6 
    7 1. DEFINITIONS
    8 
    9 "Contribution" means:
   10 
   11   a) in the case of the initial Contributor, the initial content
   12      Distributed under this Agreement, and
   13 
   14   b) in the case of each subsequent Contributor:
   15      i) changes to the Program, and
   16      ii) additions to the Program;
   17   where such changes and/or additions to the Program originate from
   18   and are Distributed by that particular Contributor. A Contribution
   19   "originates" from a Contributor if it was added to the Program by
   20   such Contributor itself or anyone acting on such Contributor's behalf.
   21   Contributions do not include changes or additions to the Program that
   22   are not Modified Works.
   23 
   24 "Contributor" means any person or entity that Distributes the Program.
   25 
   26 "Licensed Patents" mean patent claims licensable by a Contributor which
   27 are necessarily infringed by the use or sale of its Contribution alone
   28 or when combined with the Program.
   29 
   30 "Program" means the Contributions Distributed in accordance with this
   31 Agreement.
   32 
   33 "Recipient" means anyone who receives the Program under this Agreement
   34 or any Secondary License (as applicable), including Contributors.
   35 
   36 "Derivative Works" shall mean any work, whether in Source Code or other
   37 form, that is based on (or derived from) the Program and for which the
   38 editorial revisions, annotations, elaborations, or other modifications
   39 represent, as a whole, an original work of authorship.
   40 
   41 "Modified Works" shall mean any work in Source Code or other form that
   42 results from an addition to, deletion from, or modification of the
   43 contents of the Program, including, for purposes of clarity any new file
   44 in Source Code form that contains any contents of the Program. Modified
   45 Works shall not include works that contain only declarations,
   46 interfaces, types, classes, structures, or files of the Program solely
   47 in each case in order to link to, bind by name, or subclass the Program
   48 or Modified Works thereof.
   49 
   50 "Distribute" means the acts of a) distributing or b) making available
   51 in any manner that enables the transfer of a copy.
   52 
   53 "Source Code" means the form of a Program preferred for making
   54 modifications, including but not limited to software source code,
   55 documentation source, and configuration files.
   56 
   57 "Secondary License" means either the GNU General Public License,
   58 Version 2.0, or any later versions of that license, including any
   59 exceptions or additional permissions as identified by the initial
   60 Contributor.
   61 
   62 2. GRANT OF RIGHTS
   63 
   64   a) Subject to the terms of this Agreement, each Contributor hereby
   65   grants Recipient a non-exclusive, worldwide, royalty-free copyright
   66   license to reproduce, prepare Derivative Works of, publicly display,
   67   publicly perform, Distribute and sublicense the Contribution of such
   68   Contributor, if any, and such Derivative Works.
   69 
   70   b) Subject to the terms of this Agreement, each Contributor hereby
   71   grants Recipient a non-exclusive, worldwide, royalty-free patent
   72   license under Licensed Patents to make, use, sell, offer to sell,
   73   import and otherwise transfer the Contribution of such Contributor,
   74   if any, in Source Code or other form. This patent license shall
   75   apply to the combination of the Contribution and the Program if, at
   76   the time the Contribution is added by the Contributor, such addition
   77   of the Contribution causes such combination to be covered by the
   78   Licensed Patents. The patent license shall not apply to any other
   79   combinations which include the Contribution. No hardware per se is
   80   licensed hereunder.
   81 
   82   c) Recipient understands that although each Contributor grants the
   83   licenses to its Contributions set forth herein, no assurances are
   84   provided by any Contributor that the Program does not infringe the
   85   patent or other intellectual property rights of any other entity.
   86   Each Contributor disclaims any liability to Recipient for claims
   87   brought by any other entity based on infringement of intellectual
   88   property rights or otherwise. As a condition to exercising the
   89   rights and licenses granted hereunder, each Recipient hereby
   90   assumes sole responsibility to secure any other intellectual
   91   property rights needed, if any. For example, if a third party
   92   patent license is required to allow Recipient to Distribute the
   93   Program, it is Recipient's responsibility to acquire that license
   94   before distributing the Program.
   95 
   96   d) Each Contributor represents that to its knowledge it has
   97   sufficient copyright rights in its Contribution, if any, to grant
   98   the copyright license set forth in this Agreement.
   99 
  100   e) Notwithstanding the terms of any Secondary License, no
  101   Contributor makes additional grants to any Recipient (other than
  102   those set forth in this Agreement) as a result of such Recipient's
  103   receipt of the Program under the terms of a Secondary License
  104   (if permitted under the terms of Section 3).
  105 
  106 3. REQUIREMENTS
  107 
  108 3.1 If a Contributor Distributes the Program in any form, then:
  109 
  110   a) the Program must also be made available as Source Code, in
  111   accordance with section 3.2, and the Contributor must accompany
  112   the Program with a statement that the Source Code for the Program
  113   is available under this Agreement, and informs Recipients how to
  114   obtain it in a reasonable manner on or through a medium customarily
  115   used for software exchange; and
  116 
  117   b) the Contributor may Distribute the Program under a license
  118   different than this Agreement, provided that such license:
  119      i) effectively disclaims on behalf of all other Contributors all
  120      warranties and conditions, express and implied, including
  121      warranties or conditions of title and non-infringement, and
  122      implied warranties or conditions of merchantability and fitness
  123      for a particular purpose;
  124 
  125      ii) effectively excludes on behalf of all other Contributors all
  126      liability for damages, including direct, indirect, special,
  127      incidental and consequential damages, such as lost profits;
  128 
  129      iii) does not attempt to limit or alter the recipients' rights
  130      in the Source Code under section 3.2; and
  131 
  132      iv) requires any subsequent distribution of the Program by any
  133      party to be under a license that satisfies the requirements
  134      of this section 3.
  135 
  136 3.2 When the Program is Distributed as Source Code:
  137 
  138   a) it must be made available under this Agreement, or if the
  139   Program (i) is combined with other material in a separate file or
  140   files made available under a Secondary License, and (ii) the initial
  141   Contributor attached to the Source Code the notice described in
  142   Exhibit A of this Agreement, then the Program may be made available
  143   under the terms of such Secondary Licenses, and
  144 
  145   b) a copy of this Agreement must be included with each copy of
  146   the Program.
  147 
  148 3.3 Contributors may not remove or alter any copyright, patent,
  149 trademark, attribution notices, disclaimers of warranty, or limitations
  150 of liability ("notices") contained within the Program from any copy of
  151 the Program which they Distribute, provided that Contributors may add
  152 their own appropriate notices.
  153 
  154 4. COMMERCIAL DISTRIBUTION
  155 
  156 Commercial distributors of software may accept certain responsibilities
  157 with respect to end users, business partners and the like. While this
  158 license is intended to facilitate the commercial use of the Program,
  159 the Contributor who includes the Program in a commercial product
  160 offering should do so in a manner which does not create potential
  161 liability for other Contributors. Therefore, if a Contributor includes
  162 the Program in a commercial product offering, such Contributor
  163 ("Commercial Contributor") hereby agrees to defend and indemnify every
  164 other Contributor ("Indemnified Contributor") against any losses,
  165 damages and costs (collectively "Losses") arising from claims, lawsuits
  166 and other legal actions brought by a third party against the Indemnified
  167 Contributor to the extent caused by the acts or omissions of such
  168 Commercial Contributor in connection with its distribution of the Program
  169 in a commercial product offering. The obligations in this section do not
  170 apply to any claims or Losses relating to any actual or alleged
  171 intellectual property infringement. In order to qualify, an Indemnified
  172 Contributor must: a) promptly notify the Commercial Contributor in
  173 writing of such claim, and b) allow the Commercial Contributor to control,
  174 and cooperate with the Commercial Contributor in, the defense and any
  175 related settlement negotiations. The Indemnified Contributor may
  176 participate in any such claim at its own expense.
  177 
  178 For example, a Contributor might include the Program in a commercial
  179 product offering, Product X. That Contributor is then a Commercial
  180 Contributor. If that Commercial Contributor then makes performance
  181 claims, or offers warranties related to Product X, those performance
  182 claims and warranties are such Commercial Contributor's responsibility
  183 alone. Under this section, the Commercial Contributor would have to
  184 defend claims against the other Contributors related to those performance
  185 claims and warranties, and if a court requires any other Contributor to
  186 pay any damages as a result, the Commercial Contributor must pay
  187 those damages.
  188 
  189 5. NO WARRANTY
  190 
  191 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
  192 PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"
  193 BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
  194 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
  195 TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
  196 PURPOSE. Each Recipient is solely responsible for determining the
  197 appropriateness of using and distributing the Program and assumes all
  198 risks associated with its exercise of rights under this Agreement,
  199 including but not limited to the risks and costs of program errors,
  200 compliance with applicable laws, damage to or loss of data, programs
  201 or equipment, and unavailability or interruption of operations.
  202 
  203 6. DISCLAIMER OF LIABILITY
  204 
  205 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
  206 PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
  207 SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
  208 EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
  209 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
  210 CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
  211 ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
  212 EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
  213 POSSIBILITY OF SUCH DAMAGES.
  214 
  215 7. GENERAL
  216 
  217 If any provision of this Agreement is invalid or unenforceable under
  218 applicable law, it shall not affect the validity or enforceability of
  219 the remainder of the terms of this Agreement, and without further
  220 action by the parties hereto, such provision shall be reformed to the
  221 minimum extent necessary to make such provision valid and enforceable.
  222 
  223 If Recipient institutes patent litigation against any entity
  224 (including a cross-claim or counterclaim in a lawsuit) alleging that the
  225 Program itself (excluding combinations of the Program with other software
  226 or hardware) infringes such Recipient's patent(s), then such Recipient's
  227 rights granted under Section 2(b) shall terminate as of the date such
  228 litigation is filed.
  229 
  230 All Recipient's rights under this Agreement shall terminate if it
  231 fails to comply with any of the material terms or conditions of this
  232 Agreement and does not cure such failure in a reasonable period of
  233 time after becoming aware of such noncompliance. If all Recipient's
  234 rights under this Agreement terminate, Recipient agrees to cease use
  235 and distribution of the Program as soon as reasonably practicable.
  236 However, Recipient's obligations under this Agreement and any licenses
  237 granted by Recipient relating to the Program shall continue and survive.
  238 
  239 Everyone is permitted to copy and distribute copies of this Agreement,
  240 but in order to avoid inconsistency the Agreement is copyrighted and
  241 may only be modified in the following manner. The Agreement Steward
  242 reserves the right to publish new versions (including revisions) of
  243 this Agreement from time to time. No one other than the Agreement
  244 Steward has the right to modify this Agreement. The Eclipse Foundation
  245 is the initial Agreement Steward. The Eclipse Foundation may assign the
  246 responsibility to serve as the Agreement Steward to a suitable separate
  247 entity. Each new version of the Agreement will be given a distinguishing
  248 version number. The Program (including Contributions) may always be
  249 Distributed subject to the version of the Agreement under which it was
  250 received. In addition, after a new version of the Agreement is published,
  251 Contributor may elect to Distribute the Program (including its
  252 Contributions) under the new version.
  253 
  254 Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
  255 receives no rights or licenses to the intellectual property of any
  256 Contributor under this Agreement, whether expressly, by implication,
  257 estoppel or otherwise. All rights in the Program not expressly granted
  258 under this Agreement are reserved. Nothing in this Agreement is intended
  259 to be enforceable by any entity that is not a Contributor or Recipient.
  260 No third-party beneficiary rights are created under this Agreement.
  261 
  262 Exhibit A - Form of Secondary Licenses Notice
  263 
  264 "This Source Code may also be made available under the following 
  265 Secondary Licenses when the conditions for such availability set forth 
  266 in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
  267 version(s), and exceptions or additional permissions here}."
  268 
  269   Simply including a copy of this Agreement, including this Exhibit A
  270   is not sufficient to license the Source Code under Secondary Licenses.
  271 
  272   If it is not possible or desirable to put the notice in a particular
  273   file, then You may include the notice in a location (such as a LICENSE
  274   file in a relevant directory) where a recipient would be likely to
  275   look for such a notice.
  276 
  277   You may add additional accurate notices of copyright ownership.