@@ -15,72 +15,73 @@ b) in the case of each subsequent Contributor:
1515 ii) additions to the Program;
1616
1717 where such changes and/or additions to the Program originate from and are
18- distributed by that particular Contributor. A Contribution 'originates' from
19- a Contributor if it was added to the Program by such Contributor itself or
20- anyone acting on such Contributor's behalf. Contributions do not include
21- additions to the Program which: (i) are separate modules of software
22- distributed in conjunction with the Program under their own license
23- agreement, and (ii) are not derivative works of the Program.
18+ distributed by that particular Contributor. A Contribution 'originates'
19+ from a Contributor if it was added to the Program by such Contributor
20+ itself or anyone acting on such Contributor's behalf. Contributions do not
21+ include additions to the Program which: (i) are separate modules of
22+ software distributed in conjunction with the Program under their own
23+ license agreement, and (ii) are not derivative works of the Program.
2424
2525"Contributor" means any person or entity that distributes the Program.
2626
2727"Licensed Patents" mean patent claims licensable by a Contributor which are
2828necessarily infringed by the use or sale of its Contribution alone or when
2929combined with the Program.
3030
31- "Program" means the Contributions distributed in accordance with this Agreement.
31+ "Program" means the Contributions distributed in accordance with this
32+ Agreement.
3233
3334"Recipient" means anyone who receives the Program under this Agreement,
3435including all Contributors.
3536
36372. GRANT OF RIGHTS
3738 a) Subject to the terms of this Agreement, each Contributor hereby grants
3839 Recipient a non-exclusive, worldwide, royalty-free copyright license to
39- reproduce, prepare derivative works of, publicly display, publicly perform,
40- distribute and sublicense the Contribution of such Contributor, if any, and
41- such derivative works, in source code and object code form.
40+ reproduce, prepare derivative works of, publicly display, publicly
41+ perform, distribute and sublicense the Contribution of such Contributor,
42+ if any, and such derivative works, in source code and object code form.
4243 b) Subject to the terms of this Agreement, each Contributor hereby grants
4344 Recipient a non-exclusive, worldwide, royalty-free patent license under
4445 Licensed Patents to make, use, sell, offer to sell, import and otherwise
4546 transfer the Contribution of such Contributor, if any, in source code and
46- object code form. This patent license shall apply to the combination of the
47- Contribution and the Program if, at the time the Contribution is added by
48- the Contributor, such addition of the Contribution causes such combination
49- to be covered by the Licensed Patents. The patent license shall not apply
50- to any other combinations which include the Contribution. No hardware per
51- se is licensed hereunder.
52- c) Recipient understands that although each Contributor grants the licenses to
53- its Contributions set forth herein, no assurances are provided by any
47+ object code form. This patent license shall apply to the combination of
48+ the Contribution and the Program if, at the time the Contribution is
49+ added by the Contributor, such addition of the Contribution causes such
50+ combination to be covered by the Licensed Patents. The patent license
51+ shall not apply to any other combinations which include the Contribution.
52+ No hardware per se is licensed hereunder.
53+ c) Recipient understands that although each Contributor grants the licenses
54+ to its Contributions set forth herein, no assurances are provided by any
5455 Contributor that the Program does not infringe the patent or other
5556 intellectual property rights of any other entity. Each Contributor
56- disclaims any liability to Recipient for claims brought by any other entity
57- based on infringement of intellectual property rights or otherwise. As a
58- condition to exercising the rights and licenses granted hereunder, each
59- Recipient hereby assumes sole responsibility to secure any other
60- intellectual property rights needed, if any. For example, if a third party
61- patent license is required to allow Recipient to distribute the Program, it
62- is Recipient's responsibility to acquire that license before distributing
63- the Program.
57+ disclaims any liability to Recipient for claims brought by any other
58+ entity based on infringement of intellectual property rights or
59+ otherwise. As a condition to exercising the rights and licenses granted
60+ hereunder, each Recipient hereby assumes sole responsibility to secure
61+ any other intellectual property rights needed, if any. For example, if a
62+ third party patent license is required to allow Recipient to distribute
63+ the Program, it is Recipient's responsibility to acquire that license
64+ before distributing the Program.
6465 d) Each Contributor represents that to its knowledge it has sufficient
6566 copyright rights in its Contribution, if any, to grant the copyright
6667 license set forth in this Agreement.
6768
68693. REQUIREMENTS
6970
70- A Contributor may choose to distribute the Program in object code form under its
71- own license agreement, provided that:
71+ A Contributor may choose to distribute the Program in object code form under
72+ its own license agreement, provided that:
7273
7374 a) it complies with the terms and conditions of this Agreement; and
7475 b) its license agreement:
75- i) effectively disclaims on behalf of all Contributors all warranties and
76- conditions, express and implied, including warranties or conditions of
77- title and non-infringement, and implied warranties or conditions of
78- merchantability and fitness for a particular purpose;
76+ i) effectively disclaims on behalf of all Contributors all warranties
77+ and conditions, express and implied, including warranties or
78+ conditions of title and non-infringement, and implied warranties or
79+ conditions of merchantability and fitness for a particular purpose;
7980 ii) effectively excludes on behalf of all Contributors all liability for
8081 damages, including direct, indirect, special, incidental and
8182 consequential damages, such as lost profits;
82- iii) states that any provisions which differ from this Agreement are offered
83- by that Contributor alone and not by any other party; and
83+ iii) states that any provisions which differ from this Agreement are
84+ offered by that Contributor alone and not by any other party; and
8485 iv) states that source code for the Program is available from such
8586 Contributor, and informs licensees how to obtain it in a reasonable
8687 manner on or through a medium customarily used for software exchange.
@@ -89,10 +90,11 @@ When the Program is made available in source code form:
8990
9091 a) it must be made available under this Agreement; and
9192 b) a copy of this Agreement must be included with each copy of the Program.
92- Contributors may not remove or alter any copyright notices contained within
93- the Program.
93+ Contributors may not remove or alter any copyright notices contained
94+ within the Program.
9495
95- Each Contributor must identify itself as the originator of its Contribution, if
96+ Each Contributor must identify itself as the originator of its Contribution,
97+ if
9698any, in a manner that reasonably allows subsequent Recipients to identify the
9799originator of the Contribution.
98100
@@ -102,94 +104,97 @@ Commercial distributors of software may accept certain responsibilities with
102104respect to end users, business partners and the like. While this license is
103105intended to facilitate the commercial use of the Program, the Contributor who
104106includes the Program in a commercial product offering should do so in a manner
105- which does not create potential liability for other Contributors. Therefore, if
106- a Contributor includes the Program in a commercial product offering, such
107+ which does not create potential liability for other Contributors. Therefore,
108+ if a Contributor includes the Program in a commercial product offering, such
107109Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
108- every other Contributor ("Indemnified Contributor") against any losses, damages
109- and costs (collectively "Losses") arising from claims, lawsuits and other legal
110- actions brought by a third party against the Indemnified Contributor to the
111- extent caused by the acts or omissions of such Commercial Contributor in
112- connection with its distribution of the Program in a commercial product
113- offering. The obligations in this section do not apply to any claims or Losses
114- relating to any actual or alleged intellectual property infringement. In order
115- to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
116- Contributor in writing of such claim, and b) allow the Commercial Contributor to
117- control, and cooperate with the Commercial Contributor in, the defense and any
118- related settlement negotiations. The Indemnified Contributor may participate in
119- any such claim at its own expense.
110+ every other Contributor ("Indemnified Contributor") against any losses,
111+ damages and costs (collectively "Losses") arising from claims, lawsuits and
112+ other legal actions brought by a third party against the Indemnified
113+ Contributor to the extent caused by the acts or omissions of such Commercial
114+ Contributor in connection with its distribution of the Program in a commercial
115+ product offering. The obligations in this section do not apply to any claims
116+ or Losses relating to any actual or alleged intellectual property
117+ infringement. In order to qualify, an Indemnified Contributor must:
118+ a) promptly notify the Commercial Contributor in writing of such claim, and
119+ b) allow the Commercial Contributor to control, and cooperate with the
120+ Commercial Contributor in, the defense and any related settlement
121+ negotiations. The Indemnified Contributor may participate in any such claim at
122+ its own expense.
120123
121124For example, a Contributor might include the Program in a commercial product
122- offering, Product X. That Contributor is then a Commercial Contributor. If that
123- Commercial Contributor then makes performance claims, or offers warranties
124- related to Product X, those performance claims and warranties are such
125- Commercial Contributor's responsibility alone. Under this section, the
125+ offering, Product X. That Contributor is then a Commercial Contributor. If
126+ that Commercial Contributor then makes performance claims, or offers
127+ warranties related to Product X, those performance claims and warranties are
128+ such Commercial Contributor's responsibility alone. Under this section, the
126129Commercial Contributor would have to defend claims against the other
127- Contributors related to those performance claims and warranties, and if a court
128- requires any other Contributor to pay any damages as a result, the Commercial
129- Contributor must pay those damages.
130+ Contributors related to those performance claims and warranties, and if a
131+ court requires any other Contributor to pay any damages as a result, the
132+ Commercial Contributor must pay those damages.
130133
1311345. NO WARRANTY
132135
133136EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
134137"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
135138IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
136139NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
137- Recipient is solely responsible for determining the appropriateness of using and
138- distributing the Program and assumes all risks associated with its exercise of
139- rights under this Agreement , including but not limited to the risks and costs
140- of program errors, compliance with applicable laws, damage to or loss of data,
141- programs or equipment, and unavailability or interruption of operations.
140+ Recipient is solely responsible for determining the appropriateness of using
141+ and distributing the Program and assumes all risks associated with its
142+ exercise of rights under this Agreement , including but not limited to the
143+ risks and costs of program errors, compliance with applicable laws, damage to
144+ or loss of data, programs or equipment, and unavailability or interruption of
145+ operations.
142146
1431476. DISCLAIMER OF LIABILITY
144148
145149EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
146150CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
147- SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
148- PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
149- STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
150- OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
151- GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
151+ SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
152+ LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
153+ CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
154+ ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
155+ EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
156+ OF SUCH DAMAGES.
152157
1531587. GENERAL
154159
155- If any provision of this Agreement is invalid or unenforceable under applicable
156- law, it shall not affect the validity or enforceability of the remainder of the
157- terms of this Agreement, and without further action by the parties hereto, such
158- provision shall be reformed to the minimum extent necessary to make such
159- provision valid and enforceable.
160+ If any provision of this Agreement is invalid or unenforceable under
161+ applicable law, it shall not affect the validity or enforceability of the
162+ remainder of the terms of this Agreement, and without further action by the
163+ parties hereto, such provision shall be reformed to the minimum extent
164+ necessary to make such provision valid and enforceable.
160165
161166If Recipient institutes patent litigation against any entity (including a
162167cross-claim or counterclaim in a lawsuit) alleging that the Program itself
163168(excluding combinations of the Program with other software or hardware)
164- infringes such Recipient's patent(s), then such Recipient's rights granted under
165- Section 2(b) shall terminate as of the date such litigation is filed.
169+ infringes such Recipient's patent(s), then such Recipient's rights granted
170+ under Section 2(b) shall terminate as of the date such litigation is filed.
166171
167172All Recipient's rights under this Agreement shall terminate if it fails to
168173comply with any of the material terms or conditions of this Agreement and does
169174not cure such failure in a reasonable period of time after becoming aware of
170175such noncompliance. If all Recipient's rights under this Agreement terminate,
171176Recipient agrees to cease use and distribution of the Program as soon as
172177reasonably practicable. However, Recipient's obligations under this Agreement
173- and any licenses granted by Recipient relating to the Program shall continue and
174- survive.
178+ and any licenses granted by Recipient relating to the Program shall continue
179+ and survive.
175180
176181Everyone is permitted to copy and distribute copies of this Agreement, but in
177182order to avoid inconsistency the Agreement is copyrighted and may only be
178183modified in the following manner. The Agreement Steward reserves the right to
179- publish new versions (including revisions) of this Agreement from time to time.
180- No one other than the Agreement Steward has the right to modify this Agreement.
181- The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation
182- may assign the responsibility to serve as the Agreement Steward to a suitable
183- separate entity. Each new version of the Agreement will be given a
184- distinguishing version number. The Program (including Contributions) may always
185- be distributed subject to the version of the Agreement under which it was
186- received. In addition, after a new version of the Agreement is published,
187- Contributor may elect to distribute the Program (including its Contributions)
188- under the new version. Except as expressly stated in Sections 2(a) and 2(b)
189- above, Recipient receives no rights or licenses to the intellectual property of
190- any Contributor under this Agreement, whether expressly, by implication ,
191- estoppel or otherwise. All rights in the Program not expressly granted under
192- this Agreement are reserved.
184+ publish new versions (including revisions) of this Agreement from time to
185+ time. No one other than the Agreement Steward has the right to modify this
186+ Agreement. The Eclipse Foundation is the initial Agreement Steward. The
187+ Eclipse Foundation may assign the responsibility to serve as the Agreement
188+ Steward to a suitable separate entity. Each new version of the Agreement will
189+ be given a distinguishing version number. The Program (including
190+ Contributions) may always be distributed subject to the version of the
191+ Agreement under which it was received. In addition, after a new version of the
192+ Agreement is published, Contributor may elect to distribute the Program
193+ (including its Contributions) under the new version. Except as expressly
194+ stated in Sections 2(a) and 2(b) above, Recipient receives no rights or
195+ licenses to the intellectual property of any Contributor under this Agreement,
196+ whether expressly, by implication, estoppel or otherwise. All rights in the
197+ Program not expressly granted under this Agreement are reserved.
193198
194199This Agreement is governed by the laws of the State of New York and the
195200intellectual property laws of the United States of America. No party to this
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