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- Apache License
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+license to reproduce, prepare Derivative Works of, publicly display,
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+intellectual property infringement. In order to qualify, an Indemnified
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|
|
+Contributor must: a) promptly notify the Commercial Contributor in
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|
|
+writing of such claim, and b) allow the Commercial Contributor to control,
|
|
|
+and cooperate with the Commercial Contributor in, the defense and any
|
|
|
+related settlement negotiations. The Indemnified Contributor may
|
|
|
+participate in any such claim at its own expense.
|
|
|
+
|
|
|
+For example, a Contributor might include the Program in a commercial
|
|
|
+product offering, Product X. That Contributor is then a Commercial
|
|
|
+Contributor. If that Commercial Contributor then makes performance
|
|
|
+claims, or offers warranties related to Product X, those performance
|
|
|
+claims and warranties are such Commercial Contributor's responsibility
|
|
|
+alone. Under this section, the Commercial Contributor would have to
|
|
|
+defend claims against the other Contributors related to those performance
|
|
|
+claims and warranties, and if a court requires any other Contributor to
|
|
|
+pay any damages as a result, the Commercial Contributor must pay
|
|
|
+those damages.
|
|
|
+
|
|
|
+5. NO WARRANTY
|
|
|
+
|
|
|
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
|
|
|
+PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS"
|
|
|
+BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
|
|
|
+IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
|
|
|
+TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
|
|
|
+PURPOSE. Each Recipient is solely responsible for determining the
|
|
|
+appropriateness of using and distributing the Program and assumes all
|
|
|
+risks associated with its exercise of rights under this Agreement,
|
|
|
+including but not limited to the risks and costs of program errors,
|
|
|
+compliance with applicable laws, damage to or loss of data, programs
|
|
|
+or equipment, and unavailability or interruption of operations.
|
|
|
+
|
|
|
+6. DISCLAIMER OF LIABILITY
|
|
|
+
|
|
|
+EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT
|
|
|
+PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
|
|
|
+SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
|
|
|
+EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
|
|
|
+PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
|
|
|
+CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
|
|
|
+ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
|
|
|
+EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
|
|
|
+POSSIBILITY OF SUCH DAMAGES.
|
|
|
+
|
|
|
+7. GENERAL
|
|
|
+
|
|
|
+If any provision of this Agreement is invalid or unenforceable under
|
|
|
+applicable law, it shall not affect the validity or enforceability of
|
|
|
+the remainder of the terms of this Agreement, and without further
|
|
|
+action by the parties hereto, such provision shall be reformed to the
|
|
|
+minimum extent necessary to make such provision valid and enforceable.
|
|
|
+
|
|
|
+If Recipient institutes patent litigation against any entity
|
|
|
+(including a cross-claim or counterclaim in a lawsuit) alleging that the
|
|
|
+Program itself (excluding combinations of the Program with other software
|
|
|
+or hardware) infringes such Recipient's patent(s), then such Recipient's
|
|
|
+rights granted under Section 2(b) shall terminate as of the date such
|
|
|
+litigation is filed.
|
|
|
+
|
|
|
+All Recipient's rights under this Agreement shall terminate if it
|
|
|
+fails to comply with any of the material terms or conditions of this
|
|
|
+Agreement and does not cure such failure in a reasonable period of
|
|
|
+time after becoming aware of such noncompliance. If all Recipient's
|
|
|
+rights under this Agreement terminate, Recipient agrees to cease use
|
|
|
+and distribution of the Program as soon as reasonably practicable.
|
|
|
+However, Recipient's obligations under this Agreement and any licenses
|
|
|
+granted by Recipient relating to the Program shall continue and survive.
|
|
|
+
|
|
|
+Everyone is permitted to copy and distribute copies of this Agreement,
|
|
|
+but in order to avoid inconsistency the Agreement is copyrighted and
|
|
|
+may only be modified in the following manner. The Agreement Steward
|
|
|
+reserves the right to publish new versions (including revisions) of
|
|
|
+this Agreement from time to time. No one other than the Agreement
|
|
|
+Steward has the right to modify this Agreement. The Eclipse Foundation
|
|
|
+is the initial Agreement Steward. The Eclipse Foundation may assign the
|
|
|
+responsibility to serve as the Agreement Steward to a suitable separate
|
|
|
+entity. Each new version of the Agreement will be given a distinguishing
|
|
|
+version number. The Program (including Contributions) may always be
|
|
|
+Distributed subject to the version of the Agreement under which it was
|
|
|
+received. In addition, after a new version of the Agreement is published,
|
|
|
+Contributor may elect to Distribute the Program (including its
|
|
|
+Contributions) under the new version.
|
|
|
+
|
|
|
+Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
|
|
|
+receives no rights or licenses to the intellectual property of any
|
|
|
+Contributor under this Agreement, whether expressly, by implication,
|
|
|
+estoppel or otherwise. All rights in the Program not expressly granted
|
|
|
+under this Agreement are reserved. Nothing in this Agreement is intended
|
|
|
+to be enforceable by any entity that is not a Contributor or Recipient.
|
|
|
+No third-party beneficiary rights are created under this Agreement.
|
|
|
+
|
|
|
+Exhibit A - Form of Secondary Licenses Notice
|
|
|
+
|
|
|
+"This Source Code may also be made available under the following
|
|
|
+Secondary Licenses when the conditions for such availability set forth
|
|
|
+in the Eclipse Public License, v. 2.0 are satisfied: {name license(s),
|
|
|
+version(s), and exceptions or additional permissions here}."
|
|
|
+
|
|
|
+Simply including a copy of this Agreement, including this Exhibit A
|
|
|
+is not sufficient to license the Source Code under Secondary Licenses.
|
|
|
+
|
|
|
+If it is not possible or desirable to put the notice in a particular
|
|
|
+file, then You may include the notice in a location (such as a LICENSE
|
|
|
+file in a relevant directory) where a recipient would be likely to
|
|
|
+look for such a notice.
|
|
|
+
|
|
|
+You may add additional accurate notices of copyright ownership.
|