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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC

LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM

CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:

a) in the case of the initial Contributor, the initial code and

documentation distributed under this Agreement, and

b) in the case of each subsequent Contributor:

i) changes to the Program, and

ii) additions to the Program;

where such changes and/or additions to the Program originate from and are

distributed by that particular Contributor. A Contribution 'originates' from

a Contributor if it was added to the Program by such Contributor itself or

anyone acting on such Contributor's behalf. Contributions do not include

additions to the Program which: (i) are separate modules of software

distributed in conjunction with the Program under their own license

agreement, and (ii) are not derivative works of the Program.

"Contributor" means any person or entity that distributes the Program.

"Licensed Patents" mean patent claims licensable by a Contributor which are

necessarily infringed by the use or sale of its Contribution alone or when

combined with the Program.

"Program" means the Contributions distributed in accordance with this

Agreement.

"Recipient" means anyone who receives the Program under this Agreement,

including all Contributors.

2. GRANT OF RIGHTS

a) Subject to the terms of this Agreement, each Contributor hereby grants

Recipient a non-exclusive, worldwide, royalty-free copyright license to

reproduce, prepare derivative works of, publicly display, publicly perform,

distribute and sublicense the Contribution of such Contributor, if any, and

such derivative works, in source code and object code form.

b) Subject to the terms of this Agreement, each Contributor hereby grants

Recipient a non-exclusive, worldwide, royalty-free patent license under

Licensed Patents to make, use, sell, offer to sell, import and otherwise

transfer the Contribution of such Contributor, if any, in source code and

object code form. This patent license shall apply to the combination of the

Contribution and the Program if, at the time the Contribution is added by the

Contributor, such addition of the Contribution causes such combination to be

covered by the Licensed Patents. The patent license shall not apply to any

other combinations which include the Contribution. No hardware per se is

licensed hereunder.

c) Recipient understands that although each Contributor grants the licenses

to its Contributions set forth herein, no assurances are provided by any

Contributor that the Program does not infringe the patent or other

intellectual property rights of any other entity. Each Contributor disclaims

any liability to Recipient for claims brought by any other entity based on

infringement of intellectual property rights or otherwise. As a condition to

exercising the rights and licenses granted hereunder, each Recipient hereby

assumes sole responsibility to secure any other intellectual property rights

needed, if any. For example, if a third party patent license is required to

allow Recipient to distribute the Program, it is Recipient's responsibility

to acquire that license before distributing the Program.

d) Each Contributor represents that to its knowledge it has sufficient

set forth in this Agreement.

3. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form under

its own license agreement, provided that:

a) it complies with the terms and conditions of this Agreement; and

b) its license agreement:

i) effectively disclaims on behalf of all Contributors all warranties and

conditions, express and implied, including warranties or conditions of title

and non-infringement, and implied warranties or conditions of merchantability

and fitness for a particular purpose;

ii) effectively excludes on behalf of all Contributors all liability for

damages, including direct, indirect, special, incidental and consequential

damages, such as lost profits;

iii) states that any provisions which differ from this Agreement are offered

by that Contributor alone and not by any other party; and

iv) states that source code for the Program is available from such

Contributor, and informs licensees how to obtain it in a reasonable manner on

or through a medium customarily used for software exchange.

When the Program is made available in source code form:

a) it must be made available under this Agreement; and

b) a copy of this Agreement must be included with each copy of the Program.

Contributors may not remove or alter any copyright notices contained within

the Program.

Each Contributor must identify itself as the originator of its Contribution,

if any, in a manner that reasonably allows subsequent Recipients to identify

the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certain responsibilities with

respect to end users, business partners and the like. While this license is

intended to facilitate the commercial use of the Program, the Contributor who

includes the Program in a commercial product offering should do so in a

manner which does not create potential liability for other Contributors.

Therefore, if a Contributor includes the Program in a commercial product

offering, such Contributor ("Commercial Contributor") hereby agrees to defend

and indemnify every other Contributor ("Indemnified Contributor") against any

losses, damages and costs (collectively "Losses") arising from claims,

lawsuits and other legal actions brought by a third party against the

Indemnified Contributor to the extent caused by the acts or omissions of such

Commercial Contributor in connection with its distribution of the Program in

a commercial product offering. The obligations in this section do not apply

to any claims or Losses relating to any actual or alleged intellectual

property infringement. In order to qualify, an Indemnified Contributor must:

a) promptly notify the Commercial Contributor in writing of such claim, and

b) allow the Commercial Contributor tocontrol, 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. U 8000 nder 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, 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, 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.

This Agreement is governed by the laws of the State of Washington and the

intellectual property laws of the United States of America. No party to this

Agreement will bring a legal action under this Agreement more than one year

after the cause of action arose. Each party waives its rights to a jury trial

in any resulting litigation.

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